| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 46 of 2014 Sahar Uddin Barbhuiya , …………………………………………. 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, - Sahar Uddin Barbhuiya (Complainant) brought the Complaint U/S 12 of the Consumer Protection Act 1986 against Allahabad Bank, Regional Manager, Allahabad Bank and Branch Manager, Allahabad Bank, Jalalpur Branch with following allegations:-
- The Complainant is holder of S/B account No. 5741 (Old) and corresponding to new account No. 22475819221 of Allahabad Bank, Jalalpur Branch. He deposited Rs.5,000/- on 22/03/2014, Rs.5,000/- on 27/09/2012 and Rs.13,000/-on 18/05/2011 but on update of the passbook it is revealed that the said deposited amount were not credited to his account. Moreover he did not withdraw the said amount but updated pass book shows several withdrawals. Hence, he requested the O.P.No.3 vide petition dated 29/04/2014 but the O.P.No.3 i.e Branch Manager, Allahabad Bank, Jalalpur Branch did not take any action.
- The notice of this Forum received by the O.Ps and submitted joint W/S. In the W/S stated inter alia that allegation regarding not credited of Rs.37,000/- on 04/04/2012 is false because the statement of account as well as pass book showed the credit entry of the said amount. However, the plea of the O.Ps are that the Allahabad Bank did not receive any amount allegedly deposited on 22/03/2014, on 27/09/2012 and on 18/05/2011 respectively and if the Complainant handed over the said amount to an unauthorized person, the Bank is not liable. Moreover, the O.Ps took plea that the deposit slips produced by the Complainant was fake. The particulars inserted in the impugned deposit slips are insufficient, defective, inadequate and illegal, Name of the depositor with dates are particularly quite embarrassing.
- During hearing the Complainant deposed as PW and exhibited deposit slip, including statement of account, Bank pass book and complaint petition addressed to Branch Manager, Jalalpur Branch. The O.P also examined Mr. Liankhankhup Hangzo, the Branch Manager and exhibited statement of account. Both the Ld. Advocate of the O.PS submitted their written argument. Perused the evidence on record and written argument, we have also heard the Ld. Advocate of the Complainant in respect of clarification of some material facts.
- The Complainant deposed that he deposited total amount of Rs.60,000/- in 4(four) occasion but the said amount has not been credited to his account. Accordingly, exhibited statement of account vide Ext.4 and pass book vide Ext.3. In the above documents credit entry of Rs.37,000 is available. Moreover, the O.P by adducing evidence convinced this Forum that the deposited amount of Rs.37,000/- credited to S/B account of the Complainant. So, the allegation regarding non-entry to the credit of the Complainant S/B account is not true.
- However, the Complainant deposed that he deposited Rs.5,000/- on 22/03/2014, Rs.5,000/- on 27/09/2012, and Rs.13,000/- on 18/05/2011 but his pass book and in the statement of Account did not show the credit of the said amount. To established the deposit he exhibited deposit slip vide Ext.1(2), Ext. 1(3) and Ext. 1(1). The Ext. 3 passbook and Ext. 4 statement of account as well as Ext. A statement of account did not reflect credit entry of the said deposit.
- In that above aspect the O.P stated that the deposit slip are fake. But on careful perusal of the exhibited document and consulting other material available in the evidence on record we do not find any adverse materials to conclude that the exhibited deposit slips are fake. Moreover, above deposit slips reflected the relevant particulars in favour of the Complainant.
- Hence, it is concluded that the Complainant deposited Rs.5,000/- + Rs.5,000/- + Rs.13,000/- = Rs.23,000/- and obtain counter fail of the deposit slip from the Bank bearing sign of bank employee and seal of the Bank.
- However, the O.P took a defense plea that if the Complainant handed over the money to any unauthorized person of the bank to deposit, the Bank is not liable for not depositing of the said amount.
- 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 slips of amount. So, the bank employee who dealt with those transactions and issued the deposit slips 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 the aforesaid deposited amount of Rs.5,000/- + Rs.5,000/- + Rs.13,000/- to the S/B account of the Complainant with interest at the rate of 10% p.a with effect from the respective date of deposit of the amount till today and also to pay compensation of Rs.15,000/- for disservice and cost of the proceeding of Rs.2,000/-
- 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 at the rate of 10% per annum till realization of the full amount.
With the above, the case is disposed of on contest. Supply free 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. | |
