Content of the complaint petition is that the complainant borrowed money from the OP PARANPUR ARAIDANGA FARMERS SERVICE CO- OPERATIVE SOCIETY LTD. respondent Bank against Vehicle bearing Registration No. WB - 66R-9032. On 19.09.2016 the complainant deposited amount Rs.5,00,000/- only to her bank account being No. MT/B/839/14 for repayment of outstanding amount but later on she found that entire sum was not deposited in her account. The manager of Paranpur Araidanga Farmers Service Co- operative society Ltd. assured complainant that money would be returned within the couple of days but not yet returned the Sum liable to be returned by OP Bank. That due to deficiency in service and unfair trade practice caused by the opposite party, complainant is suffering from acute mental agony beside hefty financial loss that complainant had field a written complaint before the DAD consumer affairs and F.B.P Malda regional office. On 26.05.22 dropped the matter after mediation. Hence the complainant approached before this commission with a prayer to order the OP to return his money to pay the complainant Rs.5,00,000/- forthwith and order directing the opposite party to pay to the complainant Rs.50,000/- for causing mental agony an harassment and litigation cost 50,000/- and another order the complainant is entitled too.
OP did not appear hence the instant case was fixed exparte.
In order to substantiate the claim of complainant she examined herself and files the documents which marked as exhibit 1 to 7.
DECISION
This commission carefully perused all the exparte oral evidence and documents as filed by. From the complaint petition, affidavit we, the commission found that the OP Branch Manager did not deposit the sum in her account. As per documents it is clear that complainant deposited rupees 5,00,000/- on her account on 19.09.2016 but there is no whispering in ledger book. Consequently on perusal of documents such as Loan Pass Book, deposited slip and the complaint are unchallenged evidence or testimony of complainant. This commission has no alternative but to hold that there is deficiency in service on the part of OP and complainant thereby is entitled to get relief as asked for a moderate manner.
HENCE ORDER
that the complainant petition is allowed. The OP is directed to deposit Rs. 5,00,000/-(five lakh only) to her loan account for repayment of the said loan and OP is also directed to pay 30,000/-(thirty thousand only) to the complainant for mental agony and harassment.
Let a copy of this judgment be given to the Complainant/ O.P free of cost on proper application.