| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 53 of 2014 Sri Chanulal Das, ………………………………………………. Complainant. -V/S- 1. Allahabad Bank, Represented by Regional Manager, Regional Office, Guwahati. O.P No.1. 2. Regional Manager, Allahabad Bank, Regional Office, Guwahati, Assam. O.P No.2. 3. Branch Manager, Allahabad Bank Jalalpur Branch, P.O – Jalalpur, Dist. – Cachar, Assam. O.P No.3. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Sri Prasenjit Bhattacharjee , Advocate for the complainant. Sri Santanu Nandan Bhattacharjee, Advocate for the O.P.No.3. Date of Evidence……………………….. 19-03-2015, 13-04-2015 Date of written argument……………… 25-06-2015, 31-07-2015 Date of argument………………………. 25-04-2017, 08-01-2017 Date of judgment………………………. 20-01-2018 JUDGMENT AND ORDER Sri Bishnu Debnath, - This case has been brought by Sri. Chanulal Das (Complainant) against Allahabad Bank, Jalalpur branch and its officers (O.Ps) for relief of direction to the O.P. to give credit entry of total Rs.4,15,000/- to his SB A/C No. 2928 (Old) (Corresponding to New A/C No. 22475800402) and Compensation for disservice etc.
- Brief fact:-
In the Complaint stated the following facts. The Complainant has SB A/C No 2928 (old) to Allahabad Bank Jalalpur Branch. The New A/C No. is 22475800402. On 12/01/2013 he deposited a cheque No. 009029 and on 11/02/2013 deposit a cheque No. 009027 for Rs.1,00,000/- and Rs.1,11,000/- respectively with deposit slip to credit to his aforesaid Bank A/C. But on receiving the Bank Statement noticed that the said amount had not been credited. Accordingly, on enquiry it is revealed that the cheque amount has been withdrawn by putting signature by somebody in his name in English. - Moreover, for perusal of statement of Bank Account it had been noticed that his deposited amount of Rs.40,000/-, Rs.20,000/-, Rs.6,500/- and Rs.65,000/- had not been credited along with deposited amount of Rs.60,000/- and Rs.3,000/-. Hence, the Complainant brought this case.
- The O.P. in their W/S stated inter alia that the aforesaid 2 (Two) cheque for Rs.1,00,000/- and Rs.1,11,000/- were bearer cheque and both amount of the cheque had been withdrawn on 12/01/2013 and 11/02/2013 respectively by bearer on putting signature on the overleafs of the cheque.
- The O.P also stated that the bearer did not mentioned the Bank account number to credit the cheque amount and as such amount had been handed over to the bearer of the cheque in cash. It is also stated that in case of bearer cheque anybody can withdraw the cash amount of cheque without furnishing any Bank account number. Of course signature on the overleaf put by the bearer is not subject of verification, they added in their representation.
- So far as other allegations regarding deposit of Rs.40,000/-, Rs.60,000/-, Rs.3,000/-, Rs.20,000/-, Rs.6,500/- and Rs.65,000/- are concerned the O.P denied in toto and stated that Complainant is to proof the allegation.
- During hearing, the Complainant deposed as P.W-1 and exhibited counter fail of deposit slip in respect of alleged deposit of Rs.40,000/-, Rs.20,000/- and Rs.6,500 vide Ext. 3, 3(1) and 3(2). The Complainant also exhibited a copy of seizure list of deposit slip of Rs.65,000/- vide Ext.5. The said seizure list prepared in connection with Katigorah, P/S Case No. 148/2014. The Complainant also exhibited other paper including copy of passbook and statement of account.
- The Contesting O.Ps also examined Mr. Liankhankhup Hangzo, the Branch Manager of Allahabad Bank, Jalalpur Branch and exhibited, original cheques vide Ext.A and Ext. B and also certified copies of Bank statement. After closing evidence both sides’ counsels submitted written argument.
- I have heard oral argument of the Ld. Advocate of the Complainant but none has appeared on behalf of the O.P for oral argument. Of course I have perused the evidence on record and written argument.
- In this case it is admitted fact that Ext.A and Ext.B cheques for Rs.1,00,000/- and Rs.1,11,000/- presented by a bearer in the Bank where the SB A/C No. 2928 (Old), New No. 22475800402 of the Complainant is available. But the said cheques were bearer cheque and Allahabad Bank, Jalalpur Branch through noticed the name of the Complainant available in the cheques but handed over cash to the bearer after obtaining signature of the bearer on the overleaf. Signature written in English i.e name of the Complainant but the Complainant alleged that he did not withdrawn those cheque in cash but presented with deposit slip. To support the said fact he further stated that he does not know to put signature in English except in Bengali.
- Accordingly, he exhibited deposit slips vide Ext. 4 and Ext. 4(1). But nothing written on the overleaf of the cheque to credit the cheque amount to his SB A/C No. 2928. Moreover immediately after encashment of cheque why passbook available with the Complainnat was not updated is not known to me for the reason best known to him (Complainant). Anyhow, I have perused the Ext.4(1) deposit slip, the date of deposit of Rs.1,11,000/- is written on 17/01/2013 whereas as per Complainant said the cheque presented to bank on 11/02/2013. So, the aforesaid deposit slip is not reliable in connection with presentation of cheque for Rs.1,11,000/-. Moreover no date is mention in deposit slip for Rs.1,00,000/- vide Ext.4. That is why, I do not belief both the deposit slip for presentation of Ext.A and Ext.B cheques.
- As such Bank has not committed any wrong or disservice etc. for payment of amount of both the cheques in cash to the bearer of the cheque who put signature on the overleaf.
- So far as others allegation are concern, the Complainant exhibited deposit slip of Rs.40,000, Rs.20,000/-, Rs.6,500/- and 65,000 vide Est. 3, Ext. 3(1) and Ext.5 seizure list and also deposed on oath that he deposited aforesaid amount to his SB Account but not made credit entry. I believe his statement and relied those deposit slip because nothing found adverse. That is why, here I have found anomalies of the Allahabad Bank for not making credit entry in the passbook and stamen of account in respect of above transactions.
- Hence, the O.Ps are liable to credit the said amount of Rs.40,000 + Rs.20,000 + Rs.6,500 + 65,000 = 1,31,500/- ( Rupees One Lakh thirty one thousand five hundred) only to the SB A/C No.2928 (corresponding to new SB A/C No. 22475800402) of the Complainant immediately with upto date interest at the prevailing rate from the respective dates of deposit. They are also liable to pay compensation for disservice and for causing mental agony to the complainant of together of Rs.50,000/- (Rupees Fifty Thousand) only within 45 days from today. If fail to do so interest at rate of 10% per annum with effect from the date of defaulter will be charged on the awarded total amount.
- With the above, this case is dispose of on contest with cost of proceeding of Rs.3,000/- (Rupees Three thousand) only. Supply free certified copy of Judgment to the parties. Given under my hand and seal of this District Forum on this the 20th day of January, 2018.
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