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

CASE No.  CC /167/2014.

 Date of Filing:            02.12.2014.                                            Date of Final Order: 29.01.2016.

 Complainant:             Md. Abdus Sabur, Vill. Sargachhi(Beri Para), P.O. Sargachi (Ashrampara),

                        Dist. Murshidabad. Pin-742408.

-Vs-

Opposite Party: 1. Branch Manager, State Bank of India, Seikhpara Br, Sheikh Para,

                        P.S. Raninagar, Dist. Murshidabad.

                        2. The Chief General Manager, SBI, Bengal Circle, Samrddhi Bhavan,

                        1, Stand Road, Kolkata-700001.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                                        Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

 This case has been filed by the complainant u/s 12 of the C. P. Act, 1986 praying for refund of Rs.4,875/- plus interest, compensation of Rs.10,000/- for mental pain and agony.

The case of the complainant, in brief, is that the complainant has a Bank Account No. 31839771501 with the OP Bank and he deposited a cheque No. 072278 issued on 19.02.2014 amounting to Rs. 4875/- on 27.02.14 at OP No.1’s branch. After a few days, on verification, it was found that the said cheque was not clear and the amount has not been credited in his savings account. Then the complainant rushed to the OP No. 1’s branch and the OP No.1 gave assurance to solve the problem but no result. Then the complainant on 1.7.14 submitted an application with a request to resume his missing cheque and he also wrote the same to Op no.2. On 19.11.2014 the complainant went to the OP No.1 and requested to refund his money with interest but the Manager of OPNo.1 deliberately denied the same and behaved roughly. Thereafter, the complaint filed this complaint. Hence, the instant complaint case.

The written version filed by the OPs, in brief, is that the statement of the complainant that a cheque for Rs.4875/- was deposited on 19.02.2014 at Seikhpara Branch but the said statement has not been supported by any valid proof. The Ops denied the allegation of the complainant as to the complaint with a malafide intention. There is no negligence or deficiency in service on the part of the OP and for that the complainant is not entitled to get any relief. The complaint is liable to be rejected.

Considering the pleadings of both sides the following points have been framed for the disposal of the case.

Points for consideration:

1. Whether the case is maintainable in its present form and law.
2. Whether there is any cause of action to file the present case?
3. Whether the complaint is barred by law of limitation?
4. Whether the case is bad for defects of parties
5. Whether the complaint is entitled to get relief as prayed for?
6. To what other relief/reliefs the complainant is entitled to?

                                                                 Decision with Reasons.

            Point Nos. 1 to 6.

            All the points are taken up together for the sake of convenience.

            The complaint has prayed or refund of missing cheque amount of Rs.4875/- plus interest and compensation of Rs.10,000/- .

            The complainant’s case, in brief, is that the complainant deposited a cheque for Rs.4875/- on 19.02.14 but the same was not clear. Ultimately, the same was found missing but the OP refused to repay the same and for that the complainant has filed this complaint.

            On the other hand, the OP has denied the allegation of the complainant and claimed there is no deficiency in service on their part and for that the complainant should be rejected.

            In this case though the complainant has been given opportunity to file evidence but the same has not been filed. He filed some documents at the time of filing of the case and the same were d uly served upon the OP.

            The main case is that the complainant deposited a cheque for Rs.4875/- with the Bank of OP No.1 and to prove the same the complaint has filed counter-part of paying slip as to the deposit of the impugned cheque in his savings Bank.

            There is no rebuttal evidence on the part of the OP as to the deposit of the impugned cheque supported by the counter-foil of the paying slip as to the deposit of said cheque. For absence of any rebuttal evidence we have no other alternative but to conclude that the complainant is entitled to get relief of Rs.4875/- and compensation as well as litigation cost of Rs.2500/-.

            On the basis of the above discussions , we dispose of the case in favour of the complainant in part ad such the complainant is entitled to get Rs.(4875.00 + 2500.00) = Rs.7,375/- in total .

            Hence,

                                                                    Ordered

that the Consumer Complaint No. 167/14 be and the same is hereby disposed of on contest in part.

            The complaint is entitled to get Rs.7, 375/- from the Op No.1.

            The OP No.1 is directed to pay Rs.7375/- to the complainant within 30 days from the date of this order, failing which the OP No.1 is to pay Rs.100/- as fine for day’s delay and the amount so accumulated shall be deposited in Consumer Legal Fund Account.

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