Ld. Advocate(s)
For Complainant: Safikul Alam
For OP/OPs : None
Date of filing of the case :13.02.2020
Date of Disposal of the case :04.05.2023
(2)
Final Order / Judgment dtd.04.05.2023
Complainant No.1 is the administrator of New Dingel Primary School and complainant No.2 is the Assistant Teacher of the said school. They filed this case u/s 12 of the Consumer Protection Act, 1986 against the aforesaid OP praying for direction to transfer Rs.10,000/- to the savings bank account of the said school, not to deduct any money, and to pay Rs.30,000/- as compensation.
They alleged in the petition of complaint that aforesaid school has a savings bank account with the OP vide no.37691521852 and complainants being the representative and authorised person of the said school operating the said savings bank account. We also find from the record that as per resolution of the school authority said savings bank account was opened. But OP wrongly opened one current account vide no.37662916710in the name of the said school. School authority did not make any request or did not file any application to open the current account OP without the permission of the complainants all on a sudden transferred Rs.10,000/- from the aforesaid savings bank account to the aforesaid current account. Hence the complainant filed this case.
On perusal of order no.15 dated 23.09.2022, we find that the case is running ex-parte against the OP.
Trial
During trial complainant filed affidavit in chief.
They also filed certain documents at the time of filing this case.
They also filed some other documents during trial.
They also filed one resolution book and original pass book of savings bank account before this Commission.
Documents
Details of documents have been produced on behalf of the complainant are mentioned below :-
- Xerox copy of Meeting Resolution Book dtd.03.04.2018.........(One sheet).......(Annex-1)
- Xerox copy of letter issued by New Dingel Primary School to OP dtd.06.03.2019..........(One sheet)........(Annex-2)
- Xerox copy of letter issued by New Dingel Primary School to OP dtd.06.03.2019..........(One sheet)........(Annex-3)
- Xerox coy of Account statement of SBI CC A/C No.37662916710......(One sheet)........(Annex-4)
(3)
- Xerox copy letter issued by OP to complainants........(One sheet).......(Annex-5)
- Xerox copy of letter issued by State Project Director.........(One sheet).....(Annex-6(1))
- Xerox copy of letter issued by State Project Director.........(One sheet)......(Annex-6(2))
- Xerox copy of letter issued by State Project Director.........(One sheet)......(Annex-6(3))
- Original copy of Pass Book of savings Account No. 37691521852........(One Book)
10)Original Register of Meeting Resolution...........(One no. Register)
Brief Notes of argument.
Complainant filed BNA on 20.04.2023.
Decision with Reasons
We have carefully gone through the petition of complaint, affidavit in chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant.
We have carefully considered those documents.
It is the allegation of the complainant that OP wrongly opened one current account in the name of the New Dingel Primary School. We have carefully gone through resolution book which has been filed before this Commission. We find that School Authority took one resolution on 03.04.2018 for opening a savings bank account before the OP. They did not take any second resolution for opening any current account before the OP.
Complainant no.1 in his affidavit in chief alleged that they did not request the OP to open any current account and OP wrongly opened the current account.
We also find from the original pass book that on 29.03.2019 OP deducted Rs.10,000/- from the aforesaid savings bank account of the complainant no.1 and transferred the same in a current account vide no.37662916710, we find that OP deducted Rs.579.33 on 10.06.2019, he also deducted Rs.590/- on 10.06.2019 and he also deducted Rs.590/- on 10.06.2019. We also find that on 11.07.2019 OP deducted Rs.590/- from the said current account. We also find that on 11.08.2019 OP also deducted Rs.590/- from the said current account. We also find that on 10.09.2019 also deducted Rs.590/- from the said current account on 11.10.2019 and OP
(4)
also deducted Rs.590/- from the said account. OP mentioned that due to minimum balance those amounts have been deducted.
Affidavit in chief of complainant no.2 is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
Placing relating to upon the aforesaid affidavit in chief and aforesaid documents we find that OP whimsically, without any prayer of complainants opened the aforesaid current account in the name of the school /complainants. We also find that OP whimsically deducted Rs.10,000/- from the account of complainants which was savings bank account and was running account of the complainants. We find that OP has no authority to deduct the aforesaid sum of Rs.10,000/- from the savings bank account of the complainants and to transfer the same to the current account of the school.
We also find OP whimsically deducted amounts on different dates in total Rs.3529.33 in the current account which was opened without the permission of the complainants.
From the aforesaid discussion it is clear before us that complainants are entitled to refund the aforesaid sum of Rs.10,000/- which the OP deducted from the savings bank account of the complainants.
From the documents on record it is clear before us that the complainants are a consumer and OP is the service provider.
Having regard to the aforesaid discussion it is clear before us that complainants have established their grievance by sufficient documents and accordingly, they are entitled to relief as per their prayer.
In the result present case succeeds.
Hence,
it is
Ordered
that the present case be and same is allowed ex-parte against the OP with cost of Rs.3,000/- (Rupees three thousand) to be paid by the OP in favour of the complainants.
OP is directed to pay Rs.10,000/- (Rupees ten thousand) in favour of the complainants and he is further directed to deposit the said amount in the savings bank account of the complainants vide no.37691521852 that is where from he deducted the said amount.
OP is further directed to close the aforesaid current account which he opened without the permission of the complainants.
(5)
OP is further directed to pay compensation amounting to Rs.5,000/- (Rupees five thousand) in favour of the complainants for their harassment mental pain and agony.
OP is further directed to comply the aforesaid order within one month from this date failing which aforesaid amount shall carry interest @ 9% per annum from this date till the date of actual payment and complainants shall have liberty to put the order into execution.
Let a copy of this final order be supplied to the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
