IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

                            Case no. CC/190/2016

Date of filing: 29-12-2016                                                                                       Date of disposal: 08-02-2018

Complainant  - Bablu Shaikh, S / o Abdul Wahab, Village – Jagaddal,  PO + PS – Sagardighi,                             District – Murshidabad, Pin Code – 742226, West Bengal.   

                                                             VS.

Opposite Party –  The Branch Manager, SBI, Sagardighi Railway Stn., Branch Code – 14044, PO + PS – Sagardighi, District – Murshidabad, Pin Code – 742226, West Bengal.

                                 Present :     Sri Manas Kumar Mukherjee- Member

                                                   Smt. Chandrima Chakraborty – Member / President – in -Charge

FINAL ORDER

 Sri Manas Kumar Mukherjee, Presiding Member

This case has been filed by the complainant U/S 12 of C P Act’1986, praying for refund / payment of an amount of an amount of Rs. 33,000/-, alongwith interest and compensation, for cost of litigation and for mental pain and agony, alongwith harassment,  faced / undertaken, by the complainant.

The case of the complainant, in brief, is that, the complainant, is an employee of CRPF, vides personnel no. 041592721 and is posted in Srinagar, for performance of his official duties. The complainant, maintains / runs an a/c, with the OP bank, where, an amount of Rs. 32,800/- was deposited / credited on 30. 09. 2016, the account being a joint a/c, opened with the wife of the complainant, his wife being the co /                            2^nd applicant, the a/c no. being 11771779701.

Thereafter, the wife of the complainant, went to the OP bank for updating her bank passbook and came to know, that a sum of Rs. 33,000/- had been withdrawn from the a/c, in question, on 30. 09. 2016, from an ATM, in Faridabad Railway Station, though the ATM debit card, was under their possession.

Subsequently, the matter was referred to the OP bank, with the prayer to return the amount and an FIR, was also lodged at Sagardighi P. S., which has been registered by the P.S., as Case no. 584 /2016 dated             01. 10. 2016, U/S 379 / 420 of IPC and the matter was informed to the OP on 03. 10. 2016.

As the OP bank, had not initiated any steps, the case has been filed, before this Forum.

The W/V filed by the OP, stated that that the complainant is not maintainable in its present form, along with, some other observations.

The OP further stated in its’ W/V, that the complainant withdrew the money, with the help of the debit card, kept in their possession and lodged this complaint, with malafide intention.

All of the parties have recorded their presence, in the matter, when the matter was referred to this Forum, for adjudication and submitted documents, in support of their submission (s). Complainant and OP, argued the matter.

Point  to be considered

1. Whether the complainant is entitled to get relief, as prayed for.

Decisions with reasons

To prove the case, the complainant, has filed copies of relevant documents, along with evidence – in –chief, in support of his complaint. The OP has also filed W/V, in support of its’ statements.

Heard, complainant and OP, in full.

It is observed, that the complainant, who is posted at Srinagar, deposited the amount and informed her wife regarding deposition of the same, who is a resident of Sagardighi, in District – Murshidabad, West Bengal. It is quite unbecoming, that she would arrive at Faridabad Railway Stn. ATM, to withdraw the amount.

Simultaneously, the matter was referred to the OP bank, for redressal of grievance and an FIR was also lodged, with the same caused of action, which has been registered by the concerned P.S. The OP bank did not furnish a reply to the letter, submitted by the applicant.

Hence, ordered that the Consumer Complaint no. 190/2016 is allowed in part.

The OP is hereby directed / ordered to credit an amount of Rs. 33,000/- in the a/c of the complainant, within 30 days, from the date of receipt of this order, along with simple banking rate of interest, to be calculated, for the period, on and from 30. 09. 2016, to the actual date of releasing the payment, in default, the OP, will have to pay an amount of Rs. 50/-, per day’s delay and the amount, so accumulated, shall be deposited to Consumer legal Aid account.

Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.