Ld. Advocate(s)
For Complainant: Mukbul Rahaman
For OP/OPs : none
Date of filing of the case :06.07.2020
Date of Disposal of the case :10.04.2023
Final Order / Judgment dtd.10.04.2023
Complainant Ranojit Sen son of Sudhir Sen files present case under section 12 of CP Act 1986 against OP no. 1 alleging deficiency in service and prayed for Rs. 13,195/- interest @ 15% per annum upon 13,195, Rs. 20,000/- as compensation and cost of the case.
He alleged that he has an account under OP no.1.On 8.11.2019. 08.01.2020, 10.02.2020, 09.03.2020 amount @ Rs. 3225 have been deducted from his account without cogent reasons. He also deducted Rs.295/- on 09.04.2020 from the account of the complainant.
Hence, the complainant files this case.
In spite of service of notice upon OP no.1 and pro OP no. 1 on 10.09.2020 they not yet appeared in this case.
Case is running ex-parte vide order no. 15 dtd. 29.06.2022.
TRIAL
During trial complainant filed affidavit-in-chief.
He also filed BNA. He also filed certain documents.
DOCUMENTS
He filed certain documents which are mentioned below.
- Statement of account of State Bank of India (Xerox copy) dtd. 11.06.2020 (six sheet) Annexure :1
- One letter issued by Ranojit Sen addressed to The Branch Manager Bethuadahari S.B.I. (Xerox copy ) Annexure: 2
- One letter issued by Ranojit Sen addressed to The Branch manager Bethuadahari S.B.I. (Xerox Copy) Annexure :3
BNA
Complainant filed BNA.
DECISION WITH REASONS
It is the allegation of complainant that OP no. 1 without any valid reasons deducted the sum of Rs. 3,225/- on 4 occasion and Rs. 295/- on one occasion without any valid reasons.
He prayed for direction upon OP no. 1 to refund the same in his account i.e Rs.13,195/- OP is not contesting the case as such we did not get any opportunity to hear his explanation as to why he deducted aforesaid amount from the account of the complainant .
On perusal of the account vide no. 1127,6922350 of complaint we find that same is lying with the OP no.1.
We also find from the statement of said account that complainant deducted aforesaid sum of Rs. 13,195/- on 5 dates i.e 08.11.2019, 08.01.2020, 10.02.2020, 09.03.2020 and 09.04.2020.
It was the duty of the OP no. 1 to explain the matter but he did not turn up to contest the case. His such type of silence is very much suspicious.
OP no. 1 could explain as to why he deducted the aforesaid amount from savings account of the complaint but OP No. 1 did not turn up nor sent any W/V .
As complainant had on oath stated before this commission that he did not take any loan or did not issue any direction to the OP no. 1 to deduct the aforesaid amount from his aforesaid account.
Evidence of complainant is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
Placing reliance upon the evidence of the complainant i.e affidavit in chief of the complainant and documents, we find that OP no 1 deducted aforesaid amount to Rs. 13,195/- without any valid reasons .
Having regard to the aforesaid discussion we are of the firmed view that complainant is entitled to return the aforesaid amount of Rs. 13,195/- from the OP no.1.
In the result present case succeeds.
Hence,
It is
Ordered
That the present case be and the same is allowed ex-parte against OP no.1 and Pro- OP no. 1 with cost of Rs. 3,000/- to be paid by OP no. 1 in favour of the complainant.
OP no. 1 is directed to refund Rs.13,195/- in favour of the complainant within 1 month from this date failing which aforesaid account shall carry interest @ 9 % per annum from this date to till the date of actual payment.
OP no. 1 is further directed to pay Rs. 5,000/- in favour of the complainant as compensation for his harassment, mental pain and agony. OP no. 1 is directed to comply the aforesaid order within one month from this date failing which complainant shall have liberty to put the order into execution.
Let a copy of this order be supplied both the parties free of cost.
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
(NIROD BARAN ROY CHOWDHURY)
