District Consumer Dispute Redressal Commission, West Singhbhum at Chaibasa

C.C. No.58/2016

Ghanshyam Buriuly…………………Complainant

Vrs.

Branch Manager Bank of India Majhgoan Branch Chaibasa,West Singhbhum……….O.P

Advocate of the Complainant………None (Himself)

Advocate of the Opposite Party ………None (Ex-Parte)

ORDER

     This Case has been filed by Complainant Ghanshyam Biruli/Buriuly resident of village and Post Office Parsa Majhgaon,District West Singhbhum for an award of rupees 50617.00 including cheque amount and damage caused by O.P to Complainant as mental and physical harassment, showing deficiency of service by the O.P to the Complainant.

     Briefly started case of the, above named , complainant is that he received a cheque from the postal department department against maturity of his deposit by Cheque No.718634 for Rs.25670.00 only which he deposited in his saving bank account bearing A/c No.452210100001451 which was opened in Bank of India Bank Majhgaon branch District West Singhbhum.  Further that after updating his passbook he came to know that on 25.03.2015 the above amount was posted in his saving bank account and same day the amount was returned after deducting commission of Rs.120.00 on query he did not receive any satisfactory answer from the Bank and in the meantime validity of the cheque came to an end and Bank forced him to contact chief post office Keonjhar situated in the state of Odisha by handing over a letter but concerned post master  refused to take any action on his request and in this regard he visited the post office several times along with Bank employee and false pretext was made by the Bank employee regarding missing of the Cheque and Bank did not take any active action regarding clearance of his Cheque and no satisfactory reply was given by the Bank to the complainant rather he was being misguided by the Bank employee and due to such action of the Bank complainant suffered mental, physical and economical loss and lastly he filed instant case against the O.P.

     After admission notice was issued to the O.P. through the Registered Post with A/D and acknowledgment filed in this case goes to show that the same has been received in the Bank, Bank of India Majhgaon Branch and there is seal of Bank and signature of the employee on post card.  When O.P. did not turn up after receiving the notice then vide order dated 16.08.2017 proceeding up the case started exparte debarring the O.P. from filing Show-Cause and the complainant was directed to produce oral and documentary evidence in this case.

     Complainant has adduced his affidavited evidence and witness Ghanshyam Biruly has also filed affidavited evidence in support of the complainant case.  Further complainant has filed photocopy of the Cheque bearing No.718634 for Rs.25617.00 only issued by the Post Master Keonjhar Garch Branch in favour of the complainant, deposit slip dated 19.03.2015 issued by Bank of India Majhgoan branch in which above Cheque was deposited by the complainant in O.P. Branch.  Further complainant has also filed photocopy of the Saving Bank Account along with entry made by the Bank in his saving bank account.  Photocopy of the letter dated 08.06.2016 issued by the O.P. Bank of India Majhgaon Branch in favour of the complainant regarding clearance of cheque in question.

     Since proceeding of this case has been started ex-parte so case will be decided on the basis of evidence adduced by the complainant in support of his complaint case.

     On perusal of the oral and documentary evidence we find that complainant had received a Cheque from the Post Master of Keonjhar Main Branch with respect to Rs.25617/-only.  Further a Bank slip issued by the O.P. in favour of the complainant on 19.03.2015 goes to show that above Cheque was deposited by the complainant in the branch of the O.P. for clearance mentioning his Saving Bank Account No.452210100001451.  This fact has been admitted by the O.P. in his letter dated 08.06.2016 which was addressed to the complainant and it has been mentioned in the letter that above Cheque has not been cleared and further that O.P. Bank is making effort through correspondence from the Postal Authority for actual position.

     Thus it is clear that Bank has received the Cheque and the same was sent for clearance and till 08.06.2016 the same was not cleared further photocopy of the passbook of the complainant goes to show that on 25.03.2015 above Cheque amount was credited in the account of the complainant by charging Rs.120.00 as commission and subsequently the same was withdrawn from the Saving Bank Account of the complainant.  The Bank O.P. has repeated such conduct on 29.12.2016 by posting the Cheque amount in the Saving Bank Account of the complainant and subsequently on 24.03.2017 above amount was withdrawn and it appears that such act of the O.P. has gone without explanation.

     On perusal of the affidavited evidence of complainant and witness it appears that both have supported the complaint case and above oral and documentary evidence have been adduced during the exparte proceeding so we do not think any reason to dis-believe the above oral and documentary evidence.

     Since it is also admitted fact which came to know through the passbook and correspondence between complainant and O.P. that complainant is consumer of the O.P.

     On the basis of above oral and documentary evidence adduced in this case we come to conclusion that complainant is the consumer of the O.P. and certainly there is deficiency of service of the O.P.  Further complainant is entitled to relief in this case.

     Accordingly it is therefore.

ORDERED

     That the case is decreed (ex-parte) for an award of Rs.25617.00 (Rupees twenty five thousand six hundred seventeen) only along with interest @ 9% per annum from the date of filing the case i.e, 02.08.2016 till final realisation and Rs.5000.00(Five thousand only) as cost of litigation against the O.P. Bank of India Majhgaon Branch.  Further O.P. is directed to pay the awarded money to the complainant within 30 days from the judgment communicated to him.

     Let copy of this judgment be sent to the O.P. through Speed Post or Registered Post with A/D for their information and compliance.