| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 44 of 2014 Sri Birendra Nath, ………………………………………………. 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……………………….. 11-02-2015, 20-04-2015 Date of written argument……………… 08-07-2015 Date of argument………………………. 03-05-2017, 10-08-2017 Date of judgment………………………. 31-08-2017 JUDGMENT AND ORDER Sri Bishnu Debnath, - Sri Birendra Nath (Complainant) brought this complaint U/S 12 of the Consumer Protection Act 1986 against Allahabad Bank, Jalalpur Branch and 2 (two) others for award of compensation and other reliefs for disservice.
- He brought the following facts:-
He is holder of SB Account No. 729 (old) No. 22475792183(New) of Allahabad Bank, Jalalpur Branch. In his account he deposited Rs.90,000/- on 11/05/2011, Rs.54,988/- on 25/05/2012, Rs.27,549/- on 06/08/2012, Rs.60,000/- on 04/2013, Rs.55,000/- on 27/01/2013, Rs.1,00,000/- on 20/05/2010 but the said amount have not been credited to his account. Accordingly, he lodged a written complaint to the Branch Manager, Allahabad Bank, Jalalpur Branch on 23/04/2017 stating inter alia that as on 21/04/2014 when he check the account at Computer at the Bank Branch noticed that the said deposited amount did not credit to his account. But the O.P.NO.3 i.e Branch Manager, Allahabad Bank, Jalalpur Branch did not take any action. - The O.P.No. 3 on receiving notice of the instant Complaint submitted W/S on behalf of 3(three) O.Ps i.e Allahabad Bank, Regional Manager, Allahabad Bank and Branch Manager, Allahabad Bank. In the W/S stated inter alia that as per bank Statement deposition of Rs.90,000/- , Rs. 54,988/- and Rs. 27,549 have been reflected in the Bank Statement but denied the deposit of Rs.60,000/- on 4/2013, Rs.55,000 on 27/01/2013 and Rs.1,00,000/- on 20/05/2010. The O.P also denied the deposit slip for aforesaid 3 (three) transactions.
- Accordingly, the Complainant deposed as P.W-1 and exhibited deposit slip vide Ext. 1 series, Written Complaint to O.P.No.3 dated 23/04/2014 as Ext.2, Bank pass book proved in original, vide Ext.3 and Newspaper cutting vide Ext.4. The O.P examine Mr. Liankhankhup Hangzo, the Branch Manager, Allahabad Bank, Jalalpur Branch as DW and exhibited statement of account of the Complainant vide Ext. A. After closing evidence both sides counsels submitted their written argument. Perused the Complaint, W/S, Written argument and evidence on record.
- In this case 1st 3(three) deposits are admitted by the O.Ps and by adducing evidence and producing Ext.A statement of account established the fact that the deposit of Rs.90,000/- on 11/05/2011, Rs.54,988 dated 25/05/2012 and Rs.27,549 dated 06/08/2013 are credited to Bank account. So, there is no disservice for those 3 (three) transaction.
- However, the O.Ps denied the deposit of Rs.60,000 dated 4/2013, Rs.55,000/- dated 27/01/2013 and Rs.1,00,000/- dated 20/05/2010. Accordingly, the Complainant exhibited deposits slips vide Ext. 1(1), Ext. 1(2) and Ext.1 respectively. But the O.P in the W/S denied the reliability of those deposit slips. The DW deposed that the above exhibited deposit slips are fake.
- From the evidence on record we do not find any adverse material on record to opine that the Complainant created those deposit slip for wrongful gain. Hence, the Exhibited deposit slips bearing Bank Seal, Signature of the employee of bank, treated as genuine documents and believed that the Complainant deposited the aforesaid amount to his SB A/C No. 729 (old) No.2247579218 (New) but the Ext.A does not reflect the said deposit credited to his account.
- In that aspect it is pertinent to refer the decision of Supreme Court in State Bank of India Vs Shyama Devi AIR 1978 SC 1263. In that case Supreme Court held that if a customer of the Bank gives some amount or cheque to the bank employee ( in his capacity as a friend) or being deposited in the account, without obtaining any receipt for the same, the Bank employee is not deemed to be acting within the scope of his employment. If such an employee misappropriates the amount or proceeds of the cheque for his personal gain the Bank cannot be made liable for the same, because the act of the servant in this case has been done outside the course of employment. But in the instant case the Complainant produced the deposit slip of amounts. So, the bank employee who dealt with those transactions and issued the deposit slip with sign and seal acted within the course of employment. For which, the Bank is liable for disservice.
- Therefore, the O.Ps are jointly and severally liable to make credit entry of aforesaid deposited amount of Rs.60,000/- + Rs.55,000/- + Rs.1,00,000/- to the SB account of the Complainant with interest at the rate of 10% per annum with effect from the respective date of deposit of the amount till today and also to pay compensation of Rs.50,000/- (Rupees Fifty thousand) only for disservice and cost of proceeding of Rs.2,000/- (Two thousand) only.
- The O.Ps are to satisfy the aforesaid awarded amount within 45 days from today. If fail, further interest on awarded total amount to be charged @ of 10%.p.a till realization of the full amount.
- With the above, the case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 31st day of August, 2017.
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