IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SONITPUR AT TEZPUR
District: Sonitpur
Present: Smti A. Devee
President,
District Consumer D.R Forum,
Sonitpur, Tezpur
Sri P.Das,
Member,
District Consumer Disputes
Redressal Forum,Sonitpur
Smti S.Bora Member
District Consumer Disputes
Redressal Forum,Sonitpur
CONSUMER COMPLAINT NO.18/2018
1.Dr Bhagaban Sarma : Complainant
S/o Uday Chandra Sarma
Resident of Village: Rangapukhuri Par
House No.-357
P.O: Dekargaon, P.S Tezpur
Dist:Sonitpur,State:Assam
Vs.
1.Axis Bank ltd. : Opp.party
Guwahati Branch, Chibber House,G.S Road
Guwahati-781005
2. Axis Bank ltd., Tezpur Branch, S.C Road
Tezpur,Sonitpur,Assam
3.Sri Dibakar Ghosh
S/o Late Dilip umar Ghosh
Branch Head, Axis Bank Ltd., Guwahati Branch
Chibber House, G.S Road, Guwahati-781005
4.Sri Debabrata Basu, Branch Manager
Axis Bank Ltd., Guwahati Branch
Chibber House, G.S Road, Guwahati-781005
Appearance:
Abhijit Kar,Advocates : For the Complainant None : For the Opp. Parties
Date of written argument : 04-12-2018
Date of Judgment : 19-12-2018
CONTD.PG/2
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JUDGMENT
- The facts leading to the complaint, in brief, are that Complainant had two Bank accounts with the opp. party Bank, one being Savings Account bearing number 915010034067613 and the other Current Account bearing number 915020039242476. Complainant, with intention of closing the savings account and getting the amount of Rs.1,23,000/- lying thereunder,transferred to his current account approached the Bank on 04-08-2016. The Assistant Manager of the Bank, Mr Ishan Talukdar asked the complainant to hand him over a signed blank cheque in order to accomplish the task and assured to get things done within three working days to which complainant complied with accordingly. But complainant, on visiting the Bank on 23-09-2016 to get a statement of the current account was surprised and shocked to find that the amount of Rs.1,23,000/- was withdrawn from the savings account through the cheque handed over to Mr Ishan Talukdar but was not deposited in his current account. The matter was immediately reported to the Branch Manager in black and white. Finding no response from the Bank, Complainant again on 19-10-2016 wrote letter to the Bank. On 08-12-2016 opp. party Bank responded through a letter to the complainant and rather shifting the flaw on the part of the complainant, denied any liability on its part in the matter.
- Complainant, in his complaint has also stated that opp.party No.3 Sri Dibakar Ghosh, Branch Head of the Bank filed an ejahar before Bhangagarh Police Station,Guwahati over the irregularities committed by the said Assistant Manager of the Bank Mr Ishan Talukdar culminating into Mr Talukdar’s arrest. Alleging deficiency in service on the part of the opp. party Bank in evading liability as a custodian of public money or for that matter, the money of the Complainant, the Complainant is therefore before the Forum praying a total relief of Rs.1,87,000/-.
- Opposite party failed to contest the case by filing written version within the prescribed time limit and therefore, prayer of the opp. party for extension of time for filing written version was rejected vide order dated 10/08/18. Opp. party was however allowed to take part in hearing.
- Complainant as witness filed his evidence in chief on affidavit exhibiting several documents thereunder. None of the opp. party came forward to cross-examine the Complainant.
We have gone through the entire materials available on record inclusive of the written argument filed by the Complainant. Also heard learned advocate for the Complainant.
- POINTS FOR DETERMINATION
(i)Whether the opposite party Bank rendered deficient service to the Complainant ?
(ii)Whether the Complainant is entitled to get Rs.1,87,000/- as prayed for ?
DECISION ON THE POINTS WITH DISCUSSION
- The opposite party Bank, as recorded earlier, failed to submit any written version and cross-examine the Complainant.The Complainant by submitting his evidence on affidavit stated in details what have been alleged in the complaint petition. In support of his complaint the Complainant has proved the following documents –
Contd.Pg..3
(Page..3)
Ext.1 – Written complaint to the Manager, Axis Bank Ltd., Guwahati by the Complainant.
Ext.2 & 3 – Letter to the Manager, Axis Bank Ltd. Guwahati by the Complainant.
Ext.4 –Letter to the Complainant by the opposite party Bank.
Ext.5 –Reply to Ext.4
Ext.6 – Letter to the Branch Manager, Axis Bank Guwahati by the Complainant.
Ext.7 – Statement of Account of the Complainant with opposite party Bank.
Ext.8 – Office copy of Legal notice sent by the advocate of the Complainant.
Ext.9 – Certified copy of records of G.R Case No.10820/16
- Learned advocate for the Complainant during argument submitted that the opposite party Bank never denied the fact that Sri Ishan Talukdar was its employee.
- On a meticulous scrutiny of the documents, we have found Ext.4 a very very important document to arrive at a decision in the matter of Point No.(i). Evidently, Mr Ishan Talukdar at the relevant time was working as Assistant Manager of Axis Bank Ltd., and Sri Dibakar Ghosh, Branch head of the Bank, Guwahati branch filed FIR with Bhangagarh Police Station against him. But the same branch Head Sri Dibakar Ghosh in Ext.4, in a very lackadaisical attitude and in a perfunctory manner tried to put the blame, in the matter of breach of trust on the customer. Relevant portion of the Ext.4 would clear our observation. Ext.4 reads as follows –
“This is in reference to your aforesaid letter dated 23-09-2016, 19.10.2016 and 16.11.2016 informing the Bank that you have handed over 2 cheques (blank) signed by you to Mr Ishan Talukdar.
Please note, the bank and RBI time and again cautions to public at large by various modes that the Cheques, Debit card details etc., are important personal documents/information and the customer has to take care of the same and not to be shared with any one. From your aforesaid letter, you have stated that you have handed over the signed cheques to Mr Ishan Talukdar. Please note you should have presented the cheques with all details at the Bank Counter or should have deposited in cheque drop box. If you have handed over the said cheques to Mr. Ishan Talukdar, then it is the contract between you and said Mr Ishan Talukdar. Please note the Bank is not liable for any acts of the employees, which are done beyond their scope of services and duties entrusted by Bank. We state that you have at own risk and responsibility handed over the said cheque to Mr Ishan Talukdar.
As such, for you own lapses the bank cannot be held liable to make good of any loss incurred by you”.
- Complainant being a customer of the Bank obliged to the direrction of the employee of the Bank and issued Blank Cheque which is found to be prevalent practice in the Banking business. Thus “Caution” given by the Bank and RBI is not at all relevant in the matter in conflict between the parties before us. Rather, Ext.4 is more than sufficient to hold the Bank liable for deficiency in service. Had Mr Ishan Talukdar not been in the service of the Bank at the relevant time as Assistant Manager, the matter would have been totally different and customer would not have got any protection and benefit under the Consumer Protection Act.
For the reasons stated above, Point No.(i) is decided in favour of the Complainant.
- Complainant in this case has prayed for –
- Refund of money illegally withdrawn by Bank official from account of Complainant :-Rs.1,23,000.00
- Compensation for causing mental pain, agony, inconveniences, humiliation etc Rs. 50,000.00
- Cost and expenses Rs. 15,000.00
Rs.1,87,000.00
Contd.Pg..4
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- In view of discussion made in deciding Point No.(i) and decision thereof, Complainant, in our opinion is entitled to Rs.1,23,000/- with interest @ 6% per annum on and from 04-08-2016 till deposit in full in his current account along with lump sum amount of Rs.20,000/- (Rupees Twenty thousand )only as cost and compensation.
O R D E R
Consequently, the complaint stands allowed. Opp. party Axis Bank is directed to credit into the account of the Complainant the amount of Rs.1,23,000/- (Rupees One lakh twenty three thousand)only with interest @ 6% per annum w.e.f 04-08-2016 till deposit in full and to pay a lump sum amount of Rs.20,000/-(Twenty thousand)only as cost and compensation. Opp. party is directed to comply with the award within 30(thirty) days of receipt of copy of the judgment and order.
Given under our hands and seal of this Forum this 19th day of Dec.,2018
Dictated and corrected by:
(A.DEVEE) Pronounced & delivered by
President
Dist.Consumer D.R Forum
Sonitpur,Tezpur (A.DEVEE)
President
District Consumer Disputes Redressal Forum
We agree:- Sonitpur,Tezpur
(Sri P.Das) (Smt.S.Bora)
Member Member
