West Bengal

Paschim Midnapore

CC/75/2016

Chandan Kumar Jana - Complainant(s)

Versus

Allahabad Bank - Opp.Party(s)

Susanta Kumar Jana

19 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Sagarika Sarkar, Member. 

and 

Pulak Kumar Singha, Member.

 

Complaint Case No.75/2016

 

            Sri  Chandan Kumar Jana, S/o Dulal Chandra Jana, Village San Maninathpur, P.O. Sankoa,

            P.S. Kharagpur (L), District  Paschim Medinipur, PIN-721301, W.B.…..……Complainant.

                                                                              Vs.

  Branch Manager, Allahabad Bank, Sankoa Branch, P.O. Sankoa, P.S. Kharagpur (L).    

  District Paschim Medinipur, PIN-721301, W.B....……….….Opp. Party.

                                                    

              For the Complainant: Mr.  Susanta Kumar Jana, Advocate.

              For the O.P.           : Mr. Mrinal Mukhopadhyay, Advocate.

 

Decided on: -19/06/2017

                               

ORDER

                          Bibekananda Pramanik, President – This is a case u/s 12 of the C.P. Act, filed by the complainant Chandan Kumar Jana against the O.P.-Branch Manager, Allahabad Bank, Sankoa Branch, Kharagpur (L).

 Facts of the case, in brief, is that the complainant has an account vide

no.21709420980 in the O.P.-Bank.  The complainant applied for B.S.K.P. loan before the  O.P.-Bank and it was sanctioned by the B.D.O.  The complainant appeared before the Branch Manager of O.P.-Bank and he advised the complainant to deposit Rs.60,000/- as fixed deposit in the said bank for arrangement of the B.S.K.P. loan and as such the complainant deposited the said amount.  In spite of that, the manager of the O.P.-Bank neither issued any fixed deposit certificate of the said amount bank nor sanctioned B.S.K.P. loan to the complainant.  It is stated that for an unknown reason the said manager intentionally encashed the fixed deposit certificate on 06/10/2015

Contd…………………..P/2

 

( 2 )

 and had withdrawn the said amount on the same day.  Due to such act, the complainant sustained huge financial loss and hence the complaint for deficiency in service praying for an order to return the fixed deposit amount of Rs.60,000/- and an award of compensation of Rs.3,30,000/- and litigation cost of Rs.10,000/-.  The complainant has further prayed for an award of Rs.4,00,000/- as compensation.

                        The opposite party has contested this case by filling a written objection.   

                         Denying and disputing the case of the complainant, it is the specific case of

the O.P.-Bank that the complainant took six loans from various financial institutions and banks and according to CIVIL report, he has an overdue amount of Rs.1,27,607/- and has a K.C.C. A/C no.50093094750 of Rs.1,00,000/- and C.C. Limit of Rs.1,50,000/- in the O.P.-Bank where the transaction of those accounts are very poor.  The complainant along with his father and brothers have also taken various loans from various banks and the turn over of the K.C.C. and cash credit loan of the complainant are not satisfactory.  It is stated that according to banking rules, the manager has every right to recover the banking dues from any other account of the bank.  The O.P. therefore claims dismissal of the complaint with cost.

                          To prove his case, the complainant has examined himself as PW-1 by tendering a written examination-in-chief  and during his evidence, three documents were marked as Exhibit-1,2 & 2/1 respectively.  On the other hand, O.P.-bank has examined it’s acting Branch Manager Sri Sourav Dutta as OPW-1 by tendering a written examination-in-chief and during his evidence, few documents were marked as Exhibit A to G respectively.

 

                                                                 Points for decision

1. Is the case maintainable in it’s present form and prayer?
2. Has the complainant cause of action to file this case?
3. Is there any deficiency in service on the part of the opposite party-bank?
4. Is the complainant entitled to get the reliefs, as sought for?    

                   

Decision with reasons

For the sake of convenience and brevity, all the above points are taken up together for consideration.

It is the specific case of the complainant as made out in his petition of complaint that he approached the branch manager of the O.P.-Bank for B.S.K.P. loan and the branch manager concerned advised him to deposit fixed amount of Rs.60,000/- for availing the said loan and accordingly the complainant deposited the said amount before the O.P.-Bank.  It is also the case of the complainant that unfortunately the O.P. encashed the said fixed deposit

Contd…………………..P/3

 

( 3 )

 amount on 06/10/2015 without the consent of the complainant. To prove his said case, the complainant has not produced any counter part of deposit slip of Rs.60,000/- and he has also not produced such fixed deposit certificate.  In fact, there is no scrap of paper to show and to prove that the complainant at all deposited Rs.60,000/- as fixed deposit amount before the O.P.-Bank.  Complainant has relied upon a document (Exhibit-A) i.e. the bank pass book of his account no.21709420980.  From the said pass book it appears that on 06/10/2015, a sum of Rs.60,000/- was transferred from account no.21709403919 and on the same day the said amount was transferred to another account being no.50302160357.  We are not knowing the names of those two account holders.  From this pass book it does not reveal that the complainant at all deposited the said amount of Rs.60,000/-  for the purpose of availing fixed deposit certificate.  We have already stated that to prove his case the complainant did neither produced any counter part of deposit slip of Rs.60,000/- allegedly deposited by him nor he produced any fixed deposit certificate.  In view of that we have no hesitation to hold that the complainant has failed to prove his case that he deposited any such amount of Rs.60,000/- towards fixed deposit with the O.P.-Bank and the O.P.-Bank had withdrawn the same without his consent.  Therefore no question does arise to direct the O.P.-Bank to return the alleged fixed deposit amount of Rs.60,000/- to the complainant. The petition of complaint is therefore liable to be dismissed.

                                                  Hence, it is,

                                                     Ordered,

                               that the complaint case no.75/2016  is hereby dismissed on contest but in the circumstances without cost.

                               Let plain copy of this order be given to the parties free of cost.

         Dictated & corrected by me

       Sd/-B. Pramanik.         Sd/- Sagarika Sarkar.       Sd/- Pulak Kumar Singha       .    Sd/-B. Pramanik. 

               President                          Member                        Member                                   President

                                                                                                                                          District Forum

                                                                                                                                      Paschim Medinipur