West Bengal

Birbhum

CC/150/2016

Md.Nuruddin, S/OLate Abul Kasem - Complainant(s)

Versus

1.Branch Head, Axis Bank Ltd.Suri Branch - Opp.Party(s)

Gourdas Mosan

01 Dec 2020

ORDER

The case of the complainant/petitioner in brief is that the complainant is one of the consumers of the op No. 1 / Axis Bank ltd. with holding of Savings Bank Account No. 532010100042024 and on 15/11/2016 the complainant had been to the OP/Bank for the purpose of making deposit of Rs. 200,000/-  in that mentioned savings Bank account but unfortunately the petitioner / complainant , Md.Nuruddin failed to write in deposit slip the amount of Rs 200,000/- but inadvertently wrote this amount as Rs. 150000/-.  The cash clerk of the Bank, Payel kumar after counting the cash tendered by the petitioner found Rs. 50000/ in excess and asked the complainant for filling up another pay- in –slip for that excess amount of Rs. 50000/ and as such after this deposit of Rs. 2, 00000/- balance of the account was shown at Rs. 211802.88 including previous balance in the account on 15 /11/2016.

             On the very date i.e. on 15/11/2016 at 8.53 pm the petitioner received a message confirming the deposit of 50,000/- and thus the balance was confirmed to Rs. 211802.88 but surprisingly another message was sent by Op No. 1- Bank at 11.46 pm on that date that amount of Rs. 50,000/- although credited in said A/c but on later stage the said amount of Rs. 50000/- has been reversed by debiting said A/c by the bank without showing any reason for such reversal. Accordingly the petitioner on 15/11/2016 went to Bank and asked for reason for such reversal but the Bank clerk, Payel kumar told petitioner that no such amount of cash of Rs 50000/- was found in excess or Rs. 150000/- on 15/11/2016 in the account of the complainant and for that reason OP/Bank had to send further message of that reversal.  It is further stated in the petition of complaint that complainant through his advocate sent one legal notice to the Op Bank on 23/11/2016 requesting the Bank for crediting the said amount of Rs. 50000/- in the SB account of the complainant but though the notice was received by the OP/Bank the said amount was not credited, hence this case in protest of such wrongful act of both op No. 1 Bank and its cashier, Sri Payel Kumar.

The Complainant by filing this case has prayed for passing order of adjustment by credit of Rs. 50000/- in the concerned bank account of petitioner and in addition to that he has prayed for compensation amounting Rs. 20,000/- for harassment and a further of Rs. 5000/- has been claimed as litigation cost.

The Op No. 2, Payel kumar, is not contesting the case and it is noticed that by virtue of order No 4 dated 15/3/2017 this case is running ex-parte against Op No. 2.  The Op No 1- Bank is contesting the

 

 

 

 

 

case submitting written version wherein it has been alleged that no excess amount of Rs. 50000/- was deposited by the complainant after deposit of Rs. 150000/- on 15/11/2016 and only due to inadvertence and mistake a wrong message of deposit of Rs. 50000/- was sent to complainant while actually the complainant never handed over Rs. 50000/- to the cashier by submission of deposit pay in slip  and thus the OP/Bank has prayed for dismissal of this case. 

 

The complainant himself as witness submitted his written affidavit – in – chief and thus cross examined as pw 1 and submitted some documents in photocopies and on the other hand , the Op No 1 submitted affidavit-in-chief of the then Branch Manager , Sri Supriyo  Sanyal as DW 1 and this DW 1 has been cross examined by the complainant side.  Both the sides have submitted their written notes on argument and accordingly advanced oral argument also.

                                                                 Points for determination/Issues

1.  Is the complainant   a consumer as per definition of the term as envisaged in the consumer protection Act?
2. Has there been any deficiency in service upon the complainant from the part of the Ops?
3. Is the complainant entitled to get relief and compensation as prayed for?

 Decision with reasons  

All the above issues are taken up together for discussion and consideration as those are inter related with one another as well as for the sake of proper justice.

It is the vital moment of the case that on 15/11/2016 complainant had been to OP/Bank and filled up one pay in slip for deposit of Rs. 1,50,000/- but it is alleged that he actually paid an amount of Rs. 200000/-  and from which the cashier, Payel Kumer told the complainant that an amount of Rs. 50,000/- found in excess and assured the complainant that the excess amount of Rs. 50,000/- shall be deposited in complainant’s account. It is admitted by the OP/Bank in all the documents including affidavit-in-chief of OPW 1, Sri Nirendra Kumar Sanyal, the then Branch Manager of OP/Axis Bank Ltd. that complainant deposited only Rs. 1,50,000/- on 15/11/2016 with proper voucher and took the receipt of the same but never deposited any other sum of money on that particular date to the Bank but due to rush during the period of demonetization a mistake was done so massage was sent from the part of the Bank for credit of the amount of Rs. 50,000/- in the account of the complainant which wrong was detected later and to that effect it was reversed which was mistakenly and inadvertently credited in the account of the complainant and then debit made from his account and prior to such verification and detection erroneously the massage of credit of Rs. 50,000/- was sent to the complainant.

After hearing Ld. Advocate’s of both sides in order to consider the moot question regarding deposit of Rs. 50,000/- as oriented with this case, we have gone through the written and oral evidences on record and the documents such as the papers of massages sent and the letter of Advocates as well as the latter of reply sent by OP/Bank and other documents including written arguments etc. One question has become very pertinent during consideration as to why the complainant in this case did not submit deposit slip voucher showing its deposit of Rs. 1,50,000/-. The counter part of deposit slip voucher dated 15/11/2016 must have been with the complainant but

 

 

 

 

astonishingly enough it is found in the cross-examination of PW1, complainant himself admitted “I have not submitted any voucher/receipt of the OP No. 1 Bank regarding deposit of Rs.  1,50,000/-/Rs. 2,00000/” . And again “I have not received any voucher regarding deposit of Rs. 50,000/- on 15/11/2016. I can’t file the same. I have lost voucher regarding deposit of Rs. 1,50,000/- on 15/11/2016”. From the documents on record it is found admitted that on the self- same day at night of 15/11/2016 after a few hours of sending massage of credit of Rs. 50,000/- in complainant’s account the OP/Bank massage was resent from the part of the Bank showing reversal of the said amount from credit to debit and that has been mentioned subsequently that gross mistake was done from the part of the Bank and wrongly, erroneously and inadvertently the message of credit of Rs. 50,000/- was sent to complainant.

 

This case has been initiated by complainant alleging deposited of Rs. 50,000/- not deposited by the Bank ultimately in the column of credit which has been shown in the column of debit by way of reversal but it is to be borne in mind that complainant is to prove his own case which complainant has been utterly failed and even complainant has been failed to produce the counter deposit slip of Rs. 1,50,000/- which has been duly credited by the Bank on that date i.e. on 15/11/2016 but no document of counter part of deposit slip regarding Rs. 50,000/- has been filed from complainant’s part which proved that allegation as put forward in this case against the Ops is false one . Complainant has not been able to prove this case against the Ops. The issue No. 1 is proved and right as the complainant is a Consumer but the rest two issues are decided against the complainant, accordingly this case fails. Hence, it is,

                                                O R D E R E D,

that the instant C.F Case No. CC/150/2016 be and same is dismissed on contest against OP No. 1, Axis Bank Ltd. and on exparte against OP No. 2. No order as to cost. Let a copy of this final order/Judgement be supplied to the parties free of cost at once.