West Bengal

Bankura

CC/35/2019

Sri Debasish Ganguly - Complainant(s)

Versus

Branch Manager, State Bank of India, Kotulpur ADB Branch - Opp.Party(s)

Jayanta Kumar Mukharjee

01 Feb 2024

ORDER

                       IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA 

  Consumer Complaint No. 35/2019

                                                     Date of Filing:  11-07-2019                                                   

 

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P.:  Ld. Advocate Ashim Kr. Mondal

Complainant  

Sri Debasish Ganguly, S/o Ashok Kumar Ganguly, Resident of Kotulpur (Near Panchayat office), P.O. & P.S.-Kotulpur, District Bankura, Pin – 722141.

 

Opposite Party 

Branch Manager, State Bank of India, Kotulpur ADB Branch, P.O. & P.S. – Kotulpur, District Bankura, Pin – 722141.

 

FINAL ORDER / JUDGEMENT

Order No.34

Dated: 01-02-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he is the Customer of O.P./Bank having ATM Card No. being 4591150165222902 linked to his S.B. A/c No.11052958187. On 13/04/2019 he deposited a sum of Rs.11,000/-   in the said S.B. A/c through CDM-2 of O.P./Bank located at SBI, Kotulpur but no receipt was generated against the said deposit and the amount was also not credited to his Account. The matter was reported to the O.P./Bank on 16/04/2019 who recorded the same and assured of return of the money but the O.P./Bank did not return the money to the Complainant and hence this case.

O.P./Bank contested the case by filing a written version contending inter alia that no excess amount was found in the Troller of CDM-2 on the next day i.e. 14/04/2019 and the O.P./Bank is not liable for refund of the money after such delayed intimation.   

                                                                                                                                                                                   Contd……p/2                                                      

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that the Complainant could not produce any receipt of the deposit of Rs.11,000/- at CDM-2 and there is also no proof of transaction on 13/04/2019 by producing the relevant Pass Book entry. There is no material on record to establish the deposit in question at CDM-2 and even if the deposit is accepted to be true the Complainant has lost the right of refund of money if any due to delayed intimation to the O.P./Bank. O.P./Bank could have ascertained the transaction if intimation was given in time preferably on the next day i.e. 14/04/2019 and the O.P./Bank cannot be held liable for failure of such transaction.

Hence it is ordered……..

That the instant case be and the same is disposed of on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.

 

____________________                 _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER