ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party to deliver/disburse deposit money in S.B. Account No.07720110139172 as and when required by the complainant through depositing withdrawal slip and pay sum of Rs.10,000/- towards mental agony, Rs.5,000/- towards monetary loss, Rs.6,000/- towards legal expenses and Rs.20,000/- towards compensation”.
Brief fact of the case is that, the complainant that he has a S.B. Account bearing account No.07720110139172 before the opposite party and have Rs.3,53,596/- as on 01.02.2021 in the account. On 23.12.2020 the complainant for his bare necessity deposited a withdrawal slip to withdraw an amount of Rs.10,000/- to meet his legal necessity, but the Branch Manager flatly denied to give any amount to the complainant and hurling some filthy languages drive out the complainant from the bank.
Notice was issued to opposite party and Mr. A.K. Kanungo, Advocate appeared on 22.10.2021 but no written statement was filed and the Advocate for opposite party also did not appear any other dates, hence set ex-parte on 02.6.2022.
The grievance of the complainant is that he is having one S.B. Account bearing No.07720110139172 with opposite party and he was having balance of Rs.3,53,596.70 paisa as on 29.01.2021 and Rs.3,54,342.70 paisa as on 21.10.2020. The grievance of the complainant is that in order to meet the necessity he submitted the withdrawal form of Rs.10,000/- on 23.12.2020 but the same was not given. The complainant has subsequently withdrawn of Rs.2,000/- on 28.01.2021 and Rs.1,000/- on 01.02.2021 but as to why withdrawal was denied on 23.12.2020 is not clear. We are in dark due to absent of opposite party. It is a fact that there was sufficient balance in the account of the complainant but it has been denied by the opposite party on 23.12.2020 as per the withdrawal form annexed with the petition. Non paying of the amount when sufficient balance is in the account amounts to deficiency of service for which we award compensation of Rs.1,000/- for such deficiency of service and impose cost of Rs.1,000/- against opposite party. The opposite party shall deposit the said amount of Rs.2,000/- (Rupees two thousand only) in the account of the complainant within a period of two months from the date of receipt of order, failing which the opposite party shall pay interest @ 10% per annum after two months. With the aforesaid observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 18th January,2023.
