C.F. CASE No. : CC/2011/71
COMPLAINANT Salehar Chowdhury,
W/o Late Md. Quased Ali
of Vill. Charmahatpur,
P.O. Rupdaha, P.S. Dhubulia
Dist. Nadia
OPPOSITE PARTIES / OPs: 1) Branch Manager,
United Bank of India
Dhubilia Branch,
Vill & P.O. Dhubulia,
P.S. Dhubulia, Dist. Nadia
2) Regional Manager,
United Bank of India,
Nadia Region at L.K. Maitra Road
P.O. Krishnagar,
P.S. Kotwali, Dist. Nadia
PRESENT : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT
: SMT REETA ROYCHAUDHURY MALAKAR, MEMBER
: SHRI SHYAMAL KUMAR GHOSH, MEMBER
DATE OF DELIVERY
OF JUDGMENT : 17th February, 2014
: J U D G M E N T :
This is a case under Section 12 of the Consumer Protection Act, 1986 the facts of the case, to put, in a nutshell, are as below:-
The complainant, Salehar Chowdhury is a bonafide consumer of the United Bank of India, Dhubulia Branch with her Savings Bank Account No. 9805. On 01.03.11 Rs.20,000/- was withdrawn without her knowledge by someone else. The cause of action arose on 01.03.11 when OP United Bank of India debited Rs. 20,000/- from her account . The complainant has prayed for a direction to the OP to pay Rs. 20,000/- and compensation of Rs. 50,000/- along with the cost of the suit.
The written objection was filed by OPs on 18.11.11 challenging the contentions of the petitioner. It has been admitted by the OP that the complainant, Salehar Chowdhury has her Pension Account with the OP bank. After following the regular official procedure on the basis of a withdrawal slips given by the complainant money amounting to Rs. 20,000/- was allowed to be withdrawn.
POINTS FOR DECISION
- Point No. 1: Has the complainant put her LTI on the withdrawal slip and
made a false complaint before this Forum?
- Point No. 2: Is the complainant entitled to get any relief as a consumer?
REASOND DECISIONS
For the purpose of brevity and convenience all the points are taken up together for discussion.
We have heard the arguments of ld. Advocate of both sides. We also meticulously went through the documents showing withdrawal of Rs. 20,000/- on 01.03.11. Withdrawal slip along with a subsequent LTI was sent to fingerprint expert for ascertaining the fingerprint of Salehar Chowdhury. After comparison it has been found by the expert that the ‘Exhibit – X’ of the fingerprint of Salehar Chowdhury taken before the President, District Consumer Forum on 04.04.12 does not tally with the fingerprint of the withdrawal slip of the exhibit – FP41-16P-2012. There is clear interpolation on the date of withdrawal on the withdrawal slip. So it is clear that the OP United Bank of India should not have handed over the money to the cheat who falsely represented as Salehar Chowdhury before the Bank in order to misappropriate the amount.
After considering the documents on record and the report of the fingerprint expert, we are inclined to hold that the OP, United Bank of India should compensate the complainant for Rs. 20,000/- as the pensioner. Hence, we hold that the complainant has no fault at all. She did not put LTI on the withdrawal slip. It was done by fraudulently by a cheat.
Hence, the complaint is not a false one. As the complainant succeeds she is entitled to get compensation of Rs. 2,000/- and cost of the suit Rs. 1,500/-.
Hence,
Ordered,
That, the case CC/11/71 be and the same is decreed on contest. The OP No. 1, United Bank of India, Dhubilia Branch is directed to pay Rs. 20,000/- as refund money along with compensation of Rs. 2,000/- and cost of Rs. 1,500/- to the complainant within a period of one month from this day, in default, the payment shall carry interest @9% per annum from this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
