Orissa

Jajapur

CC/113/2019

Eswaran Kandasamy. - Complainant(s)

Versus

Branch Manager,HDFC Bank,Jajpur Road Branch. - Opp.Party(s)

07 Aug 2020

ORDER

                                         C.C.Case No.113 of 2019

Eswaran kanda samy  , 1003

Aisina  plot ,Dhabalgiri ,

P.O. Jajpur Road ,

Dist.Jajpur.                                     ………………………….. Complainant.                                                                                                                                    (Versus)

Branch Manager,HDFC Bank ,Jajpur Road Branch ,At/P.O. Jajpur Road ,

Dt. Jajpur                                                           ……………..Opp.Parties.                                                                                                                                             

                                                                                                                                                                                                                                                                        

For the Complainant:                               Sri P.K.Dhal, Advocate.

For the Opp.Parties : SriM.K.Panda,D.K.Bantha,M.Sahu ,R.K.Panda,Advocates

           

                                                                 Date of order:   07 .08.2020.

MISS  SMITA  RAY, LADY MEMBER  .           

Deficiency in banking service is he grievance of the petitioner   .

            The fact of the  petitioner’s case in short is that the petitioner is an account holder  of O.P.no.1  for credited his salary  vide A/C No. 0706114001698 .  The petitioner stated that an amount of  Rs. 18.015 and Rs. 32,084 was illegally deducted by the O.P without any reason  which was credited by the employer for payment of salary. Hence his account  shown as zero balance .Thereafter  the petitioner  contacted to the B.M of O.P but the O.P  did not responded about his grievance. For which the petitioner  suffered financial and mental stressed  to meet the expenditure day to day life. Accordingly finding no other way  the petitioner has filed this dispute  in  this commission  and pray to direct the O.Ps  to return  the deducted amount  along with compensation of Rs.  1,00,000/

            After notice  the o.ps appeared through their learned advocate  but did not choose to file any written version  or objection  against the petition  filed by the petitioner. Hence  this commission has set exparte   the O.P  vide order dt .06.04.20 .

            On the date of hearing the petitioner himself is present  and heard the argument from the side of the petitioner  .

            After perusal of the record and documents in details ,  it is observed that it is undisputed fact that there is an salary account  of the petitioner  vide A/C No.0706114001698  before the O.P                      It is also undisputed fact that there  is so many transaction of the petitioner  of the said  account but regarding the grievance of the petitioner ,the O.Ps  appeared through their learned advocate  but did not choose to file any objection  against the grievance /  allegation of the petitioner . Hence finding no other alternative this  commission is bound to accept the uncontroverted  statement   mentioned in the complaint petition  as per observation  of Hon’ble Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

“In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

“In case written version not filed after several opportunity,       it has no defence on merit.”

Hence this order

The dispute is allowed against the o.ps  on expate.  The ops are directed to return the illegal deducted amount as per complaint petition  of the petitioner   within one month  from the date of this order,  failing which ,  the O.P is  liable  to pay compensation of Rs.   10,000/-  ( ten thousand ) along with deducted  amount  . The petitioner is at liberty to recver the same through due process of law  ,in case the order is not complied by  O.Ps within the above stipulated time.

                        This order is pronounced in the open Forum on this the 7th  day of August,2020. under my hand and seal of the Forum.