BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No.59 of 2014

            Mr. Mustufa Ahmed, …………………………………………………….      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.                                            

                                                            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.

None for O.P.No.1 & 2.

                           Date of Evidence………………………..      17-04-2015, 29-04-2015

                         Date of written argument………………         04-07-2015, 10-08-2015

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

                         Date of judgment……………………….          27-12-2017

                              Sri Bishnu Debnath,

JUDGMENT AND ORDER

1. Mustufa Ahmed brought the case against the Allahabad bank and its 2 (Two) more officer, including branch Manager, Allahabad Bank, Jalalpur Branch for award of compensation etc. for making anomalies in his SB A/C No. 587 (old) and corresponding new A/C No. 22475791906.

2. He stated inter alia that on 11/11/2013 he deposited Rs.32,000/- to his aforesaid bank A/C but the said amount has not been credited by the bank to his account for reasons best known to the O.P. Not only that but also he made allegation that on 02/08/2013 he did not withdraw Rs.20,000/- but the bank debited the said amount from his aforesaid account. Similarly, he did withdraw Rs.50,000/- on 19/10/2013 but Bank debited the said amount from his Bank A/C. He also stated that on 03/08/2013 he did not withdraw Rs.90,000/-  but the bank debited Rs.90,000/- from his bank account.

3. Accordingly, notice issued to the Bank and its officers. The O.Ps in their joint W/S denied the allegation. Rather stated that some anomalies detected after verification regarding the transaction dated 03/08/2013, 07/08/2013 and 08/08/2013 for Rs.60,000/- which has been rejected and in that aspect the Complainant submitted affidavit to the effect that he has no further claim about the said amount of Rs.60,000/-. The O.P. also stated that on verification detected another anomalies of Rs.65,000/- regarding transaction dated 04/04/2014 and 08/06/2011 and the said anomalies has been rectified and on that aspect another affidavit submitted by the Complainant to the effect that he has no further claim on that amount, but the instant case brought for illegal gain.

4. Anyhow during hearing the Complainant deposed on oath and exhibited his pass book and deposit slip regarding deposit of Rs.32,000/-. The O.P. also examined its Branch Manager Mr. Liankhankhup Hangzo and exhibited not only the bank statement but also the affidavits of the Complainant. After closing evidence both sides’ counsels submitted written argument.

5. We have heard argument of both sides’ counsels and perused the evidence on

6. In this case, it is clear that the Complainant made affidavit vide Ext. A and Ext. B regarding his intention not to claim further in respect of transaction dated 03/08/2013, 07/08/2013 and 08/08/2013 for Rs.60,000/- and transaction dated 04/04/2014 and 08/06/2011 for Rs.65,000/-. But on careful perusal of the Complaint and evidence it is clear that the present complaint brought against the O.P. bank not for claim of above mentioned transaction but other transaction. That is why, the above affidavit cannot made any estopel to the Complianants claim.

7. Anyhow, in this case the Complainant alleged that he deposited Rs.32,000/- on 11/11/2013 to his SB A/C mentioned here-in-above but the said amount has not been credited to his account. In that aspect he exhibited his pass book and deposit slip. As per pass book vide Ext. 1 no such amount has been entered into the bank pass book but Ext.3 deposit slip revealed that he deposited Rs.32,000/- on 11/11/2013 to his SB A/C No. 587. The statement of account vide Ext.C does not reflect that amount. The O.P. also did not clarify as why the said amount has not been entered into the account of the Complainant. Moreover, the said transaction of Rs.32,000/- is outside the transaction dates mention in the Ext. A and Ext. A affidavit.

8. Thus, in our considered view, the Complainant has genuine claim of the said amount of Rs.32,000/-. As such the O.Ps are liable to credit the said amount of Rs.32,000/- to the SB A/C aforesaid of the Complainant.

9. The Complainant stated that he did not withdraw Rs.20,000/- on 03/08/2013 but the statement of account showed the said amount has been debited from his account. In that aspect the O.P. submitted the relevant withdrawal slip dated 02/08/2013. In that withdrawal slip amount has been written as Rs.20,000/- and signature of the Complainant is available. I have compared the signature on withdrawal slip with the signature on the Complaint and opined that both the signature are given by one and same person. Thus, the plea of the Complainant that he did not withdraw Rs.20,000/- on 03/08/2013 is not accepted. So, he is not entitled to refund of said amount of Rs.20,000/-.

10. However, the Complainant again stated that he did not withdraw Rs.50,000/- on 19/10/2013 but in the pass book vide Ext.1 the said amount has been shown on debit column. I have perused the Ext. 1 and found entry of Rs.50,000/- in the relevant column on 19/10/2013. Thus, it is the onus of the O.P. to establish the fact that the Complainant has withdrawn the said amount. But no withdrawal slip is submitted. No evidence is available on behalf of the O.P. to justify the said withdrawal. It is also clear that said transaction is outside the transaction dates mention in the Ext. A and Ext. B. Thus, in my considered view, the above withdrawal entry made in the Ext. 1 is an anomalies. So, the O.Ps are liable to credit the said amount to the SB A/C No. 22475791906 of the Complainant.

11. So far as allegation of withdrawal of Rs.90,000/- on 03/08/2013 is concern the Complainant deposed that he did not withdraw the same but the amount has been reflected in the statement of account. The Ext. C Bank statement reflected the said amount but date is not 03/08/2013 but 05/08/2013. In that aspect asked the advocate of the parties to clarify the matter but no clarification submitted. Hence, I have gone through the record very meticulously. The Complainant stated in the complaint and in the deposition that after debit of Rs.90,000/- on 03/08/2013 balance has been shown in the bank statement as Rs.80,225. On careful perused of Bank statement I find that after debit of Rs.90,000 on 05/08/2013 the balance shown as Rs.80,225/-. Thus, it is clear that the Complainant has mistakenly stated the transaction dates on 03/08/2013 instead of 05/08/2013. Nevertheless, the O.Ps have failed to show any documents in support of the withdrawal of the said amount of Rs.90,000/-. Moreover, the Ext. A and Ext. B are not concerned with the above transaction because transaction date mentioned in Ext. A and Ext. B on outside the transaction date 05/08/2013. As such the O.Ps are liable to credit the said amount to the SB A/C of the Complainant.

12. From, the above discussion and finding, it is further concluded that due to negligence of the O.P the above anomalies made in the SB A/C of the Complainant. So, the O.P.s are both severally and jointly liable to pay compensation of Rs.50,000/- to the Complainant and also liable to pay cost of the proceeding of Rs.2,000/- in addition to make credit entry of Rs.50,000/- for transaction dated 19/10/2013, Rs.90,000/- for transaction dated 03/08/2013 and Rs.32,000/- for transaction dated 11/11/2013.The O.P.s are directed to make credit the above amount to the SB Account of the Complainant and to pay compensation either cash or to credit to the Bank Account aforesaid along with proceeding cost within 45 days from today. In default interest will be charge with aforesaid awarded amount at rate of 10% per annum with effect from the date of defaulter. With the above the case is disposed of on contest. Supply free certified copy of this judgment to the parties. Given under hand and seal of this District Forum on this the 27^th day of December, 2017.