ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                 JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite party to deposit of Rs.1,67,677/- with interest from 25.4.2012 till date of payment to the complainant or deposit the same in the S.B. A/c and pay Rs.10,000/- towards mental agony and suffering and cost of litigation”.

            The brief fact of the case is that the complainant opened a Savings Bank Account bearing A/c No.5786 (I.F No.281284) before the opposite party and deposited Rs.1,70,000/-. The opposite party never issued any cheque book to the complainant but it is found that on 30.4.2012 a sum of Rs.1,70,000/- has been withdrawn from his account through cheque and when the fraud came to the knowledge of the complainant he put forth his grievance in writing before the opposite party and the opposite party assured to the petitioner the money withdrawn again deposited in his account after due scrutiny and accordingly, the opposite party on 22.5.2017 deposited a sum of Rs.2,323/- in his account but the opposite party refused to deposit the balance sum of Rs.1,67,677/-.  

            Opposite party filed written version stating as under;

            At no point of time the opposite party mis-appropriates the deposited money of the complainant. As per the withdrawal slip of the complainant and abstract of pass book it reveals that the complainant withdraw the alleged amount of Rs.1,70,000/-. As such no wrong has been committed by bank. If so then why the complainant file complain on 22.9.2014 and the abstract of pass book going to show that the complainant withdrawn the alleged amount through cheques and the signatures appended in the cheque are belong to the complainant.

            It is alleged by the complainant that fraud is committed in his account and thereby Rs.1,70,000/- taken from his SB Account No.5786 standing at Cuttack central Cooperative Bank, Raghunathpur.

            It is the specific case of complainant is that no cheque has been issued in his account No.5786 but Rs.1,70,000/- has been withdrawn by cheque No.009913 which is totally a forging by the opposite party. Opposite party did not file any objection or written version devourers the allegation. After the complain of complainant before the opposite party, the opposite party deposited Rs.2,323/- but still Rs.1,67,677/- is still to be deposited by bank but neither it has been refunded/credited to the account nor any explanation to the effect denying the allegation.

            In such circumstances we held that opposite party is liable for deficiency in service when they failed to credit the entire amount which alleged to have been withdrawn through cheque, when cheque has not been issued.

            We therefore direct the opposite party to credit Rs.1,67,677/- and pay interest as applicable to S.B. A/C as if the account was balance of Rs.1,70,000/- as on 30.4.2012 and we impose of cost of Rs.10,000/- for deficiency in service and Rs.5,000/- towards cost of litigation. With the aforesaid observation and direction the consumer complaint is dispose of.