Orissa

Jajapur

CC/75/2018

Kirtan Bihari Sahoo - Complainant(s)

Versus

Branch Manager,Cuttack Central Co-operative Bank,Binjharpur Branch. - Opp.Party(s)

Paresh Kumar Dhal

31 Jan 2020

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Sri Pitabas Mohanty, I/C President,

                                                                            2.Miss Smita Ray, Lady Member.                                

                                                     Dated the 31st  day of  January ,2020.

                                                      C.C.Case No. 75  of 2018

Kirtan Bihari Sahoo, S/O Late Ekadasi Sahoo

Vill.Naupal, P.O.Balamukuli

P.S.Binjharpur, Dist. Jajpur  

                                                                                                                  ……....Complainant .                                                                                                      

                                                  (Versus)

1. Branch Manager, Cuttack Central Co-operative  Bank

Binjharpur Branch,At/P.O.Binjharpur, Dt.Jajpur .

2. Manager,Cuttack Central Co-operative Bank Ltd, Nimchouri ,

             Dt.Cuttack .                                                                                                                                                                                                                                                                ……………..Opp.Parties.                                                                                                                                                                                                                                                                                         

For the Complainant:                              Self  .

For the Opp.Parties :no.1                       Sri Srinibas Barik, Advocate.

For the Opp.Parties ;No.2                        None( Exparte)

                                                                                                     Date of order:  31 .01. 2020.

MISS  SMITA  RAY, LADY MEMBER .    

            Deficiency in  banking  service is the grievance of the petitioners. 

            The  case of the petitioner  shortly  is that  the petitioner had deposited a sum of Rs.10,000/- on dt. 11.12.2008 in the name of his minor grand son namely Chinmay Ku.Sahoo under Indradhanu deposited scheme before O.pno.1  bank. The  due date of maturity was 11.03.2016 and the maturity amount was Rs.20,108/- That the account of O.p.no.1 name Bijaya Samal took whole charge of the money deposited by the petitioner  because he is the inhabitant of neighbor village of the petitioner . During deposit of money the accountant took many signatures in different official papers and handed over a money receipt bearing No.034281 along with challan to the petitioner but the accountant did not give any original copy of the said scheme  bond . That in this way two years of the maturity was passed away . Thereafter the petitioner went to the bank the said accountant  told him the maturity money had not come from the head office ,so some time is required for disbursement of the maturity amount.  That believing the version of the accountant the petitioner came back from the bank.  That on dt. 25.07.2018  the petitioner informed the bank manager (O.P.no.1)  and prayed for inquiry  and the branch manager told that the maturity money already paid .The petitioner became astonished that he had not received the  money , he prayed the O.p.no.1 to investigate the matter  but the O.P.no.1 refused to take any action. Thereafter the petitioner sent a legal notice on dt.18.09.2018  to O.P no.1 and 2 to investigate the matter regarding payment of maturity money to the petitioner . But both the O.Ps have failed to give any reply against the lower notice .

            Accordingly finding no other alternative   the  petitioner    has  knocked the door of this  fora with the prayer  to direct the  O.Ps to pay the maturity money and compensation of Rs.40,000/-  for harassment .

            After notices the O.P .no.2 did not choose to file written version . Accordingly he has been set-exparte dt.02.01.19.  The O.p.no1 appeared through their learned  advocate and filed their written version  taking following stand

That the consumer case as laid at the instance of petitioner  is not maintainable in the eye of law. The  averments made by petitioner in his petition are all false, baseless,imaginary and created for the purpose of this case. The petitioner was not the depositor and he has no saving account with our branch, it is not possible to tress out the identify and where about of the petitioner in the premises of our bank.  That as Branch manager this O.P.no.1 joined in this Binjharpur branch on dt. 01.07.2018 and alleged transaction is much before the joining of this O.P no.1 Sri Bijay ku.Samal who has been retired from this branch is not made party in this case . He is the best person to reply against the allegations made by the petitioner. As Branch Manager of the Branch, it is not possible on my part (O.P.no1) to personally inquiry into the matter .If happened in between the petitioner and Bijay Samal moreover after getting this notice I made through search regarding the allegation and ascertained from my branch  that neither the petitioner nor his alleged grand son Sri Chinmay Ku.Sahoo had or have any saving bank Accountant with our branch ,so nothing can be replied to the version of the petitioner.

            The petitioner has never come to me to alleged about the transaction if made earlier without any documentary proof it is not possible to know the actual facts in case happened earlier to my joining in this branch. Under the above circumstances the case being devoid of merit and the same be dismissed without cost.

            On the date of hearing we heard the argument from the side of the petitioner. No step is taken on behalf of O.P .

            After perusal of the record and documents in details  it is observed that the petitioner alleged that he had deposited a sum of Rs.10,000/-  on dt.11.12.2008  before O.P.no.1  and the said amount was matured on 11.03.2016  and the maturity amount was Rs.20,108/- . The petitioner also alleged that the accountant of O.p.no.1 named  Bijay ku. Samal handed over the money receipt of deposited amount but did not provide the original fixed bond  to the petitioner . On the other hand the O.P.no.1taken the stand that the petitioner was not a depositor nor  he has saving account with our branch  and it is not possible to tress out the identity and where about of the petitioner in the premises of our bank . The B.M ( O.p.no.1  ) taken the stand that he has joined in this branch dt.01.07.18 and the accountant of branch has retired from this branch  which has is not been made a party  in this case  and he is the best person to reply against the allegation made by the petitioner.As branch mananger of the branch , it is not possible in his part to personally inquiry into the matter and the petitioner has never come to this office of O.P.no.1 to alleged about the transaction if made earlier without any documentary proof ,it is not possible to know the actual facts in case happened earlier after  joining in this branch.  In the above factual aspects the dispute is disposed of as per order below :-                                                                                                                         

                                                                                                     O R D E R

The dispute is disposed of with direction to the petitioner to file second dispute within the period of limitation impleading Bijay ku. Samal ,the ex-account Central Coperative, Bank ,Binjharpur along with the present O.Ps ,if he so likes . No cost.

This order is pronounced in the open Forum on this the 31ST  day of January,2020. under my hand and seal of the Forum.