West Bengal

Birbhum

CC/97/2019

Kanai Lal Biswas - Complainant(s)

Versus

Branch Manager, SBI, Rampurhat Brnach - Opp.Party(s)

17 Aug 2023

ORDER

Smt. Saswati Saha. Member.

            The complainant has filed this petition of complaint Under Section 35 of the Consumer Protection Act, 2019.

            The fact of this case in brief is that, the complainant is a resident of Rampurhat SD Hospital Para, P.O. and P.S. Rampurhat, Dist. Birbhum which is under the jurisdiction of this District Commission.

            The OP is a public sector bank having its branch office at Rampurhat, Dist. Birbhum, under the guideline of RBI and within the jurisdiction of this Commission.

            The complainant is a customer under the OP Bank having a S/B accounts (A/C No. 31063104070) in its Rampurhat branch.

 On 07/06/2019 at about 2.00 a.m. the complainant noticed though a phone call of an unknown person, Habibur Sekh of Malidanga Murshidabad that a sum of Rs. 75, 000/- (Seventy five thousand only) has been credited to that person’s account from that of the SBI account of the complainant.

            Thereafter, on the same date the complainant met the Branch Manager of SBI-Rampurhat and submitted a written complaint about the same.

            Also the complainant filed a written complaint before the I.C. Rampurhat Police Station being GDE No. 348/19 dated 07/06/2019 stating the fact.

            On, 10/06/2019 the complainant met the OP again and informed him that the amount deducted from his own S/B account had not been returned back, but the OP did not take any initiative for said matter.

           

 

 

Thereafter the complainant visited the Office of the OP, repeatedly with prayers for proper adjudication of the matter and to get back his amount of Rs. 75,000/-(Seventy five thousand only) but all in vain.

On 12/06/2019 complainant issued a legal notice though his Ld. Advocate for recovery of the amount that was wrongly debited from account of the complainant.

            The OP Bank received the said legal notice but not took appropriate action for the recovery of the amount debited from the account of the complainant.

            The complainant also lodged a complaint before the higher authority of SBI, in respect of the said fraudulent transaction vide later dated 10/07/2019 and 20/07/2019. But the OP Bank paid no heed to the complainant.

            This act on the part of OP Bank is illegal, high handed and amounts to unfair trade practice.

            The cause of action arose on and from 07/06/2019 when the illegal transaction took place from the account of the complainant.

            The complainant having no other alternative pray before this Commission for following relief/reliefs:

1. To pass an order directing the OP Bank to pay the amount of Rs. 75,000/- (Seventy five thousand only) to the complainant.
2. To pass an order directing the OP Bank for correction of statement of account of the complainant.
3. To pass an order directing the OP Bank to pay a litigation cost, amounting of Rs. 25,000/- (Twenty five thousand only).
4. To pass an order for the OP Bank to pay a cost of Rs. 60,000/- (Sixty thousand only) for the mental agony and harassment of the complainant.
5. Any other relief or reliefs of this complainant is entitled to.

It appears from the case record that the OP Bank filed W/V, questionnaires and W/N/A, but for the argument the OP was not present on several dates. So, the argument was heard only from the side of complainant.

            In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the case maintainable in the eye of Law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 2019?
4. Is there any deficiency of service on the part of the OP?
5. Is the complainant entitled to get the relief as prayed for?
6. To what other relief or reliefs is the complainant entitled to get?

 

 

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

The complainant stated that he is a resident under the jurisdiction of this Commission.

The complainant has a S/B Account Vide A/C NO. 31063104070 at SBI-Rampurhat branch.

Hence, the complainant is a Consumer under the OP-SBI, Rampurhat and OP-SBI, Rampurhat is the service provider.

OP-SBI, Rampurhat wrongly debited Rs. 75,000/-(Seventy five thousand only) from the S/B account of the complainant.

The complainant visited the OP Bank with requests to get back his amount of money, repeatedly but the OP Bank did not pay any heed to him.

On 12/06/2019 the complainant sent a legal notice to the OP Bank that was also of no effect.

On 10/07/2019 and on 20/07/2019 the complainant lodged complaint before the higher authority of the OP Bank, regarding the matter but he did not get back his fraudly debited amount.

In W/N/A the OP claimed that they had already credited the total amount of Rs. 75,000/-(Seventy five thousand only) of the complainant that had not been debited willfully or on part of their negligence from the account of the complainant.

It is necessary to mention that after the receiving of notice/summon the OP-SBI paid the said amount of Rs. 75,000/-(Seventy five thousand only) to the complainant.

Also for the period from 07/06/2019 to 08/04/2020 due to the deficiency in service of the OP Bank the complainant had to pass a phase of harassment and mental agony.

Complainant filed all the relevant documents as P.W.1.

So, from the discussion made above it is clear that the OP Bank did not pay any heed to the request of the complainant until the complainant filed a case before this Commission and also did not pay interest amount to the complainant. Such conduct of the OP Bank amounts to deficiency in service and they would be liable to compensate the complainant for this deficiency in service.

Under such circumstances it is held by the Commission that the complainant could be able to prove his case beyond reasonable doubt and he is entitled to get relief as prayed for.

            The case is properly stamped.

            All these issues are thus decided accordingly.

Hence, it is

                    O R D E R E D,

  that the instant C.C. Case No. 97/2019 be and same is  

allowed in contest with cost.

           

           

 

The OP is directed to pay the interest only @ 9% p.a. on Rs. 75,000/- (Seventy five thousand only) the amount which was debited from the account of the complainant by the OP calculating on and from the date of 01/10/2019 to 08/04/2020.

The OP is also directed to pay a sum of Rs. 4,000/- (Four thousand only) as litigation cost to the complainant.

The OP is further directed to pay a sum of Rs. 2,000/- (Two thousand only) as against the harassment and mental agony to the complainant.

The entire decree will be complied by the OP within 45(Forty five) days from this date of this order, in default the complainant is at liberty to put this order to execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.