BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 58 of 2014

            Sri Himu Dey, ……………………………………………………….        Complainant.  

                                                                        -V/S-

1.         Allahabad Bank, (Represented by Regional Manager,

            Regional office, Guwahati.                                                                           O.P No.1.

2.         Regional Manager,

            Allahabad Bank, Guwahati, Assam.                                                           O.P No.2.

3.         Branch Manager,

            Allahabad Bank, Jalalpur Branch

            P.O. Jalalpur, Dist. Cachar.                                                                         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 O.Ps.

                         Date of Evidence………………………..    20-03-2015, 17-04-2015

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

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

                         Date of judgment……………………….     14-09-2017

                                          JUDGMENT AND ORDER

                                          Sri Bishnu Debnath,      

1. This case is brought by Sir Himu Dey, the holder of SB A/C No. 2192 (Old) and New A/C No. 22475795593 of Allahabad Bank, Jalalpur Branch, because on withdrawal of Rs.50,000/- on 01-09-2012 balance remained Rs.1,19,926/- in his Pass Book which was manually maintained but when received computerized statement of account found the balance remained after withdrawal of the aforesaid amount of Rs.50,000/- on 01-09-2012 of Rs.57,468/-. Thus he found Rs.62,458/- was less than the actual balance. Hence, he brought this case for relief of compensation and correction of balance amount.

2. The O.P No.3 in his W/S denied the allegation and stated that the said W/S is to be treated the W/S of 2 (two) other O.Ps i.e. Allahabad Bank and Regional Manager, Allahabad Bank.

3. The complainant adduced evidence as P.W and exhibited Pass Book both Old and New vide Ext-1, and Ext-2, and computerized statement of Account vide Ext-3. The O.Ps also examined Mr. Liankhankhup Hangzo, the Branch Manager of the Allahabad Bank of Jalalpur Branch and exhibited the statement of Account. After closing evidence both sides counsels submitted their written argument. We have heard oral argument and clarification of the Ld. Advocate of the complainant.

4. It is admitted fact that the complainant had withdrew Rs.50,000/- from his SB A/C No.2192 (Old) and New A/C No. 22475795593  on 01-09-2012. Withdrawal of the said amount is also reflected in Ext-1, Ext-2 and Ext-A. In the Ext-1 Pass Book it is reflected that balance remained after withdrawal of Rs.50,000/- is Rs.1,19,926 but in the Ext-2 and Ext-A the balance reflected Rs.57,468 as on 01-09-2012. The Ext-1 Pass Book is admittedly issued by the O.P No.3 which was maintained manually but when new computerized Pass Book bearing new SB A/C No. 22475795593 issued vide Ext-2 it is reflected that balance after withdrawal of Rs.50,000/- as on 01-09-2012 was Rs.57,468. So it is the burden of the O.Ps to clarify the anomalies. But nothing convincingly adduced in evidence.                                             
5. Hence, in our considered view the O.P.No.3 has maintained the SB A/C of the complainant very carelessly for which the complainant is to suffer mental agony for maintaining record by the O.P No.3 with less amount than the actual balance.

6. So, the O.Ps are both jointly and severally liable to make correction of balance amount in the S.B A/C No. 22475795593 by adding Rs.62,458/- since 01-09-2012 with prevailing interest on that period and also liable to pay compensation for mental agony and disservice of Rs.15,000/-(Rupees Fifteen thousand) only and to pay proceeding cost of Rs.2,000/-(Rupees Two thousand) only. They are directed to satisfy the aforesaid awarded amount within 45 days from today. In default, the total awarded amount to be charged with interest @ 10% per annum till realization of full amount.

7. With the above, this case is disposed of on contest. Supply free certified copy of the judgment to the parties. Given under hand and seal of this District Forum on this the 14^th day of September, 2017