The instant case was instituted on the basis of a petition under Section 12 filed by the complainants under Section 12 of Consumer Protection Act which was registered as complaints case No 22 of 18.

The fact of the case is that the complainants are the savings bank account holder of O.P.No-2 that is BGVB.

In order to intend their savings from their own income they opened a savings bank account bearing No-5483011002510 with the O.P.No-2 that is BGVB, Sakuntala Branch and the complainants used to make transactions upon their saving bank account by depositing or with drawl money as and when necessary.

It has been further stated in the petition of complaint that the complainants used to casually deposit their money to their account but the complainants unable to update their pass book every after transaction due to non availability of time.

It has been further stated that the complainant found that all entries has been entered in to the manual pass book when they updated their pass book.

Thereafter, the up gradation of banking process was going on and the computerization of entry of the pass book was made. But the problem was started when the complainant updated their pass book and found that they deposited Rs.12000/- on 29/02/2012, Rs.12000/- on 16/11/2012, Rs.58000/- on 24/06/2013, Rs.8000/- on 16/05/2014 and Rs.26000/- on 10/06/2014  but these amount were not entered in the computerized pass book and after printing the pass book the complainant became perplex and informed the matter to the Branch Manager of BGVB, Sakuntala Branch. Then the Branch Manager assured him that they will solve the matter immediately.

The complainant several times requested the Bank Authority to credit the said amount and supplied the bank account statement but the O.P failed to do so.

Thereafter, finding no other alternative the complainant informed the matter to the Asst. Director, C.A & F.B.P, Uttar Dinajpur but the Bank authority in spite of receiving letter from the Assistant Director, C.A, F.B.P, Uttar Dinajpur did not take any action as such the complainant was compelled to file the case before this Forum and claiming that a directions was given to the opposite parties to pay the missing credited amount along with the interest from the date of deposit to the complainant and pay compensation of Rs.25000/- for mental pain and agony and Rs.5000/- for litigation cost.

The petition has been contested by the O.P by filing W.V denying all the material allegations as labeled against them contending inter alia that the instant case is not maintainable.

The definite defence case is that during the year 2012 to 2014 one dishonest employee of the O.P bank mis appropriated consumers’ money and the bank authority has already taken legal action against the employee and the matter is under investigation. The further defence case is that miss credit of the complainant of Rs.116000/- and miss debit of Rs.75000/- and the balance of Rs.41000/- in system and the O.P is ready to make payment of the settled balance amount of Rs.41000/- to the complainant. There is no deficiency of service as such the instant case is liable to be dismissed.

During trial the complainant Paritosh Sutradhar was examined as PW1 and he was cross examined by the O.P. On the other hand no witness was examined on behalf of the O.P.

Now the point for determination as to whether the complainant is entitled to get any relief from this forum or not?

          D E C I S I O N  W I T H  R E A S O N S:

The first point is to be considered whether actually the complainant deposited the amount as mentioned in the petition or not. On perusal of the record it is found that receipts issued by the bank to the complainant in respect of deposited amount of Rs.12000/- on 29/02/2012, Rs.12000/- on 16/11/2012, Rs.58000/- on 24/06/2013, Rs.8000/- on 24-06-2013 and Rs.26000/- on 10/06/2014. On perusal of the manual pass book of complainant it is found that the complainant deposited the amount as mentioned in the petition of complaint as well as evidence. The total amount comes to Rs.116000/-. The Ld. Lawyer of the O.P filed written argument in which it has been clearly stated that the missing credit was Rs.116000/-. So, the statement made by the complainant that the complainant is deposited Rs.116000/- on different dates is quite believable. The Ld. Lawyer of the O.P in the written argument mentioned that there was missing debit of Rs.75000/- and the embezzle amount of Rs.41000/- and the Bank Authority is ready to pay the amount. The Bank authority has not produced any documents to show that the amount of Rs.116000/- was not deposited. Rather on perusal of the manual pass book it has been clearly found that the amount was deposited. As and when a consumer deposited the amount to the bank and that should be credited to the account of the consumer and the complainant is a customer is entitled to get the money. The question of embezzlement by the bank employee and question of missing debit completely indicates that the latches and deficiency of service on the part of the bank. As and when the complainant has deposited the amount on different dates, So the Bank Authority is liable to pay the amount. On perusal of the record and after calculation it is found that the difference between missing credits and missing debits comes to Rs.45000/-(forty five thousand) which is evident from the manual pass book filed by the complainant and from the documents filed by the Bank Authority. So, the Bank Authority is liable to pay the same amount. The question of missing credit and missing debit indicates the latches and deficiency of the service on the part of the bank. So, considering such facts and circumstances the complainants are entitled to get refund of Rs.45000/-(Forty five thousand) along with the interest from the last deposit.

C.F. paid is correct,

Hence, it is,

                                O R D E R E D:

 That the complainant case being No. CC-22/18 be and the same is allowed on contest against the O.Ps with cost.

The complainants get Rs.45000/-(Forty five thousand) as regards to the deposited amount along with the interest from the last deposited amount that is from 10-06-2014 at the prevailing saving bank rate till payment. The complainants are also entitled to get Rs.2500/-(Two thousand and five hundred) for mental pain and agony and Rs.1000/-(One thousand) for litigation cost. The O.Ps are directed to make payment within 45(forty five) days from the date of order failing which it will carry a further interest @ 5% per annum over the calculated amount.

 This forum is in opinion that the payment of interest over the Rs.45000/- @ Savings Bank interest from the last deposit will not be defected even in the case of payment within 45 (forty five) days as directed.

 In the case of nonpayment of amount, within the time as specified, the O.P will have to pay interest over the amount of Rs.5000/-(five thousand) @ interest stated above in addition to penalty of interest as mentioned.

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