BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 56 of 2014

            Sri Pabindra Sutradhar, …………………………………………..       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.    

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.Ps.

                         Date of Evidence………………………..    19-03-2015, 13-04-2015,

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

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

                         Date of judgment……………………….     17-10-2017

                                                 JUDGMENT AND ORDER

                  Sri Bishnu Debnath,                                                      

1. This complaint lodged as per provision of Consumer Protection Act,1986 by Pabindra Sutradharr against Allahabad Bank, Lalalpur Branch and its Officer on the allegation as below:-

2. He is holder of SB A/C No. 1829 (old) and SB A/C No. 22475794271 (new). His passbook was kept by O.P No.3 for long time to issue new passbook. However, on request the O.P No.3 supplied statement of account for the period from 17-12-2010 to 28-02-2014. On perusal of statement he did not find many deposited amount in the Bank account. He detected there is anomalies of Rs.80,000/- in the statement of account. Accordingly, lodged complaint on 24-04-2014 to Branch Manager of O.P No.3 but O.P No.3 did not give any effective action. However, on 01-09-2014 he received his new passbook but did not satisfy with entries. Hence, brought the instant case.

3. The O.P No.3 submitted W/S. In the W/S stated inter-alia that the transaction made in various dates as mentioned in the ledger of the complainant are quite correct and there is no mathematical error or miscalculation occurred in the ledger. 

4. The complainant deposed as P.W and exhibited relevant documents. The O.P also examined Mr. Liankhankhup Hangzo the Branch Manager of the O.P-Bank and exhibited statement of account. Perused the written argument of both the parties, heard oral argument of the Ld. Advocate of the complainant and also perused the evidence on record.

5. During hearing the complaint deposed on oath and exhibited copy of passbook. Copy of complaint dated 24-04-2014, and series of deposit slips vide Ext-1,2,3,3(1) to 3(5), Ext-4, 4(1) to 4(2). The complaint also deposed that Rs.10,000/- dated  Nil, Rs.20,000/- dated Nil, Rs.4,000/- dated Nil, Rs.2,000/- dated Nil,  Rs.25,110/- date Nil, and Rs.5,105/- dated Nil have not been shown credited in the passbook deposit slips vide Ext-3, Ext-3(1) to Ext-3(5). The contesting O.P by adducing oral evidence of Manager of Allahabad Bank Jalalpur Branch Mr. Liankhankhup Hangzo denied the above deposits and accordingly exhibited statement of account vide Ext-A.

6. We have also perused the Ext-1 passbook and Ext-A statement of account. Both are identical to each other, but no such amount is fount entered into the account. The exhibited deposit slips also did not bear date to verify the statement of account for any other period. Of course, a transaction of Rs.20,000/- has been shown on statement of account against the date on 19-12-2011 but it is not confirm in view of evidence on record as whether the said transaction is entered in view of Ext-3(1). Moreover, the complainant has not disclosed in his evidence the dates of deposits of above amount. For which, only on the basis of Ext-3, Ext-3(1) to Ext-3(5), it is not justifiable to conclude that the O.P-Bank did not enter the deposited amount to the Bank account of the complainant. If the complainant by adducing reliable evidence to establish the actual date of deposit, it would be possible to verify the account to conclude as whether the deposited amounts have been entered in to the statement of account of the complainant.

6. As such in our considered view, the evidence adduced by the complainant is inadequate to establish his plea. So, this District Forum is not in a position to grant any relief to the complainant.

7. With the above, this case is dismissed on contest without any cost. Supply free certified copy of judgment to the parties.

    Given under hand and seal of this District Forum on this the 17^th day of October, 2017.