DATE OF FILING                    :     17.09.2014.

DATE OF S/R                            :      05.12.2014.

DATE OF FINAL ORDER      :     21.04.2015.  

Sri Shiv Shankar Pandey,

son of late Ram Prasad Pandey,  

residing at 36, Panchanantala Road,  

District Howrah,  

PIN 711101. ………..………………………………………………….. COMPLAINANT.

• Versus-

  Branch Manager,

  Central Bank of India,

  Howrah Maidan Branch,

  situated at 18A, G.T. Road (  South ),

  District Howrah,

  PIN 711101. ………….………………………………………………OPPOSITE PARTY.

   

                                                  P   R    E     S    E    N     T

   

  Member       :     Smt. Jhumki Saha.

      Member       :     Shri Subrata Sarker.

   

                                                   F  I   N   A    L       O   R   D    E     R

   

1. Complainant, Shiv Shankar Pandey,by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to refund or credit the sum of Rs. 15,000/- with interest from 23.01.2013 till the date of realization of the amount, to pay Rs. 70,000/- as compensation and Rs. 10,000/- as litigation costs alongwith other relief or reliefs as theForum may deem fit and proper.

2. Complainant is a savings bank account holder of the o.p. bank being A/c no. 1168027763 since 2004 and using ATM facility since 2009. It is stated by the complainant that for his personal use he withdrew Rs. 15,000/- on 23.01.2013 by using ATM Card from Mallickfatak ATM Counter of o.p. And from the bank receipt which he got from that ATM Counter it is revealed that after withdrawingRs. 15,000/-, a credit balance of Rs. 30,090/- stood in his account vide Annexure P/1. But within few minutes he received a message that he has again withdrawn Rs. 15,000/- which he actually did not do. So he sent e mail to o.p. narrating the entire fact on 26.3.2013 and lodged a complaint. But remained silent. So he again on 30.4.2013 sent a demand notice but o.p. did not pay any heed. Ultimately he sent a demand notice to the senior manager of o.p. bank on 07.5.2013 vide Annexure P/2. But no fruitful result came out. So on 2.1.2014 complainant filed a complaint before Banking Ombudsman who informed their inability to solve the problem on 21.4.2014 vide Annexures P/3 series. Being frustrated and finding no other alternative, he filed this instant case with the aforesaid prayers.
3. Notice was served. But they never appeared and filed written version. Accordingly, case was heard ex parte.

4. Two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

2. Whether the complainant is entitled to get any relief as prayed for ?

DECISION  WITH   REASONS      :

5. Both the points aretaken up together for consideration. We have carefully gone through the petition of complaint and its annexures and noted its contents.  From the Annexure P/1 it is very clear that after withdrawing Rs. 15,000/- on 21.1.2013, there was a credit balance of Rs. 30,090/- in the saving bank account held by the complainant. And also we have seen the contention of the e mail dated 7.5.2013 sent by bmkols 0113/ south Kolkata/Kolkata/cbi to atmnfs/Mmobidg/co/cbi wherefrom it is clear that the account was debited twice by Rs. 15,000/- each. And there was also an instruction for arrangement of reversal of Rs. 15,000/-. In spite of that o.p. remained totally silent on the issue which caused  severe mental agony, physical harassment and financial loss to the complainant. It was also accepted that the alleged second transaction was a failed one. O.P. should have remembered that the success of their business totally depends upon the customer satisfaction. For such meager amount of Rs. 15,000/-, complainant being a common man would not have run from pillar to post for getting the amount reimbursed if he really made two successful transactions.  Moreover, the o.p. has not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant.  O.ps. have miserably failed   to keep promise which certainly amounts to deficiency in  service coupled with unfair trade practice  on their  part which should not be allowed to be perpetuated for an indefinite period.   And we are of the candid opinion that it is a fit case where the prayers of the complainant  should be allowed. Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 505 of 2014 ( HDF 505 of 2014 )  be  allowed ex parte  with  costs  against  the O.P.  

      That the  O.P. is  directed to reimburse the amount of Rs. 15,000/- , to the saving bank account being no. 1168027763 of the  complainant within 30 days from the date of this order i.d., 9% interest shall be charged till actual payment.

       That o.p. is  further  directed to pay to the complainant an amount of Rs. 3,000/- as compensation and Rs. 2,000/-  as litigation costs within 30 days from the date of this order i.d., the aforesaid  amount shall carry an interest @ 9% per annum till full realization.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.            

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F., Howrah.