Order No:14

Today is fixed for delivery of judgment/final order.

Final order is ready. It is sealed, signed and delivered in open Forum/Commission.

Smt. Sangita Paul, Member

This is a case filed by Sri Bholanath Nashkar S/o. Late Abhimunna Nashkar of Village–Teurhat, P.O. – Nabagram, P.S.-Baruipur, Dist.-24 Pags (South),
 Pin – 743372 against Branch Manager, Bank of India, Sarberia Branch, P.O. – Sarberia, P.S. – Joynagar, Dist. – 24 Pgs (South), Pin – 743372 with a  prayer for a direction to the O.P. to credit the entire maturity amount of Rs.10,000/- only in favour of complainant which have been withdrawn fraudulently from the A/C. of complainant with interest, to pay compensation to the tune of Rs.30,000/- only.  OP is Branch Manager of Bank of India, Sarberia Branch, P.O. – Sarberia, P.S.- Joynagar, Dist- 24 Pgs (S), Pin – 743372.  It is Govt. of India undertaking organisation.  Complainant by filing this case states that he is a consumer under Section 2(7) of Consumer Protection Act, 2019.  OP has committed serious deficiency in service and unfair trade practice.  Complainant has a saving Bank Account in the Bank of the OP.  The S/B A/C. No. of complainant is 424810100007118.  On 22.08.2018, complainant received a message from the OP that a sum of Rs. 10,000/- only has been withdrawn from the above mentioned A/C of complainant.  But the complainant never withdrew the same, nor he authorized any body to withdraw the same on his behalf.  Complainant never shared any information regarding his A/C. to anybody else.

On the next day, complainant along with his son visited the office of the Opposite Party and informed the above mentioned situation, also told the OP that a fraud has been practiced upon him.  OP told the complainant to submit a written complaint regarding the fraudulent transaction.  In spite of being informed the OP always took time one pretext or the other.  And till 29.12.2020 no amount was credited to the A/C. of the complainant.

The son of the complainant namely Sri Gayaram Nashkar approached the office of the Assistant Director of Consumer Affairs and Fair Business Practice, the Regional Office situated at 24 Pgs (S).  The office issued a memo to the OP but the OP did not turn up and the problem remain the same. 

That the cause of action of the instant complaint case arose on 22.08.2018 and is still continuing. 

Hence, complainant prays for directing the OP to credit the entire maturity amount of Rs.10,000/- in favour of complainant, the amount which was fraudulently withdrawn from the A/C. of the complainant along with interest.  Complainant also prays for giving a necessary order to pay compensation to the tune of Rs. 30,000/- only.

The case was admitted on 19.01.2021.  Notice was sent to the OP.  OP received the notice on 17.02.2021.  On 30.03.2021 OP did not turn up to contest the case.  So, the case proceeded exparte against the OP.  On 01.02.2022 complainant prays for expunging the name of OP No.2.  The name of OP No.2 has been expunged  after hearing.  On 02.06.2022 argument was heard and we proceeded for giving judgement. 

Points of Consideration

1. Is the complainant a consumer?
2. Is the OP guilty of deficiency in service and unfair trade practice?

03.Is the complainant entitled to get relief as prayed for?

Decision with Reasons

1. On perusal of records and document, it appears that the complainant has an Account at Bank of India, Sarberia Branch. The Saving Bank A/C. No. is 424810100007118. Complaint is a regular customer of the said Bank. Still an abnormal incident happened.  On 22.08.2018, complainant received a message that an amount of Rs.10,000/- only has been debited from his Account, the no. of which has been mentioned above.  The A/C. of complainant is an active account.  Complainant always operates this account, sometimes he received money, sometimes he withdraws.  Money is also transferred to his A/C. through NEFT.  Complainant always uses this account.  Complainant is very much aware of each and every operation.  As complainant is an A/C. holder of the said Bank.  He is a consumer under Section 2(7) of Consumer Protection Act, 2019.  So, the first point is settled in favour of complainant. 
2. As complainant is a consumer he operates the account every now and then.  From the record, it appeared that complainant operates the account regularly.  So, he is aware of the details of the operation.  The pass book shows that there was no operation of account no. mentioned over here.  Still it is mystery how the amount of Rs.10,000/- only has been debited from the said account.  But no amount was debited by complainant.  Complainant fell in great trouble.  As Rs. 10,000/- only is not a negligible amount.  On 22.08.2018 the amount disappeared from complainants account.  The name of branch is Sarberia Branch.  On Saturday, November, 2019 the Assistant Director of CA&FBP instructed the officials of the Bank to come and resolve the matter.  The OP did not take any step.  The complaint was lodged on 29.12.2020 at the Commission.  Till today no step was taken by the OP.  The OP does not feel it important to answer.  OP received the notice on 08.02.2021.  In spite of receiving notice of the Commission, the OP failed to appear.  Complainant appeared on several dates at the Commission but neither the OP nor his representative cared to appear.  The activity of the OP reflects utter negligence and deficiency in service.  As soon as the fraud was detected, complainant visited the OP Bank and also submitted a written complaint.  No positive step has been taken by the OP. Hence, it is clear that the OPs have deficiency in service.  Bank does not attend the customers when they fall in problem.  Their activity is unfair.  Hence, the second point is settled in favour of complainant.  
3. An amount of Rs.10,000/- is debited from complainants account.  Complainant informed the OP Branch Manager, Bank of India.  No action has been taken by the Bank.  Complainant had very little knowledge of the Banking system.  Still he took steps and informed the OP.  Complainant expected that OP would solve the problem since the account lies in the OP Bank.  But complainant was totally disappointed.  The OP, Branch Manager of Bank of India, did not appear to contest the case.   Complainant went to the Bank, but he was not attended by the Branch Manager, Bank of India.  Their absence at the Ld. Commission proves the statement firmly.  The Bank is reluctant to solve the problems of complainant, though it can be easily solved by the Bank.  Due to negligence and reluctance of the Bank, complainant is suffering loss.  No remedy has yet been made by the OP.  Due to loss of Rs.10,000/-, complainant suffers mental pain and agony. Due to deprivation and harassment complainant is entitled to reliefs as prayed for.

In the result, complainant succeeds.

Hence, it is,

ORDERED

that the complaint case be and the same is allowed against the OP with cost of Rs.10,000/-.

That the OP is directed to credit the amount of Rs.10,000/- only to the S/B A/C. No:424810100007118 along with interest @ 10% per annum w.e.f. 29.12.2020 till realization within 60 days from the date of this order.

That the OP is also directed to pay compensation to the tune of Rs.25,000/- only to complainant for harassment and mental agony within the stipulated period.

That the complainant is at liberty to put the order into execution if the orders are not complied with within 60 days from the date of this order.

Let a copy of the order be supplied free of cost to the parties concerned. 

The final order will also be available in the following website www.confonet.nic.in.

Dictated and corrected by me. 

                                   (Sangita Paul)

                                          Member