BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 54 of 2014

            Smti. Sukla Das, ………………………………………………………       Complainant.

                                                                        -V/S-

1.         Allahabab Bank, (Represented by Regional Manager)

            Regional Office, Guwahati, Assam                                                             O.P No.1.

2.         The Regional Manager,

            Allahabad Bank, 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.                                             

                                                            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.Ps.

                         Date of Evidence………………………..    13-04-2015, 20-05-2015

                         Date of written argument………………    25-06-2015, 31-07-2015

                         Date of oral argument…………………..    25-04-2017

                         Date of judgment……………………….     16-10-2017

                                          JUDGMENT AND ORDER

                  Sri Bishnu Debnath,                                                      

1. This complaint brought against Branch Manager, Allahabad Bank, Jalalpur Branch and two other bank officers under consumer Protection Act, 1986 for award of compensation for disservice and for refund of deposited amount to the Bank A/C No.22475850238 of the complainant Sukla Das.
2. She stated inter-alia that she deposited Rs.50,000/- on 03-02-2009, Rs.78,000/- on 20-05-2010, Rs.20,000/- on 12-11-2010. She also stated that she deposited Rs.66,000/-, Rs.35,000/-.Rs.50,000/- and Rs.20,000/- on various  other dates and obtained receipts but on inquiry  after 30-04-2014 found no amount has been entered into her Bank account.
3. However, she approach in earlier occasion to the Bank to get back her passbook but the bank officer did not return her bank passbook.
4. Anyhow, the O.Ps submitted their W/S. In the W/S stated that amount of Rs.50,000/- dated 03-02-2009, Rs.78,000/- dated 20-05-2010 and Rs.20,000/- dated 12-12-2010 have been entered in the statement of account and remaining disputed amount have not received by the bank for which no entry made.
5. During hearing the complaint deposed and exhibited bank deposit slip to establish the deposit of aforesaid amount vide Ext-3 series her passbook vide Ext-1 and other documents. The contesting O.P also examined Mr. Liankhankhup Hangzo the Branch Manager and exhibited statement of account vide Ext-A.
6. Heard argument and perused the written argument of both sides’ counsels and also perused the evidence and other materials.
7. From the record, it is of opinion that the complainant came to know the fact of alleged non-entry of deposit after 30-04-2014 i.e. after publication of news regarding anomalies of bank account of customer of Allahabad Bank, Jalalpur Branch. So, the instant case is brought within the period of limitation.                                                                                                                   
8. However, the Ext-A Bank statement established the fact that entry of amount of Rs. 50,000/-, Rs.78,000/- and Rs.20,000/- made. So, the complainant has no relief for those amounts. However, the O.P denied 4 (four) more deposit i.e. Rs.66,000/-Rs.35,000/-, Rs.50,000/- and 20,000/- because the Claimant has failed to mention dates of deposit. The Claimant exhibited deposit slips vide Ext-3, Ext-3(4), Ext-3(5), Ext-3(6). The said deposit slips are challenged by the O.P.
9. So, the Claimant has burden to prove the allegation. To prove the said deposit, the Claimant is required to bring specific fact i.e. date of deposit, person to whom the cash amount tendered etc. in her oral evidence because her deposit slips are not readable to determine dates. If she could able to disclose the dates of deposit then the account of statement vide Ext-A may be consulted to conclude as whether the bank was in fault for non-entry of the deposit. But the complainant failed to adduce sufficient evidence regarding specific dates of deposit etc.
10. Hence, this Forum is not in a position to decide in favour of the complainant only on the basis of deposit slips referred herein above.
11. Therefore, this Forum is reluctant to give any relief in favour of the complainant. Thus, this Case is dismissed on contest. Supply free certified copy to the parties.

Given under the hand and seal of this District Forum on this the 16^th day of October, 2017.