Case Record taken up today for hearing. Complainant  as well as Opp.Party No.3 are  absent on call.  Learned Counsel for Op No.1 & 2 is present.

        It is found that the complainant is remaining absent consistently . Heard the Learned Counsel for the OP present.

                    In view of provision U/s 38(3)(c ) of C.P.Act the case is taken up to decide on merit.

                    Perused the material available on record. No evidence on affidavit  as prescribed under CP Act is filed by either party to substantiated their respective pleadings.

                    The OP 1 & 2 filed their written version admitting the fact that the complainant is maintaining one Savings Account vide No.30206554577 with a the OP 1 branch . It is further submitted that OP 3/BDO, Karlamunda issued a letter No.862 dt.13.03.2023 to the OP 2 branch informing therein that there was an excess payment of Rs.2,2,35,548/- to the complainant on 08.07.2020 and hence it has requested to examine the matter and then try to sought out the matter. After receiving of the said letter the OP 2 branch has verified the matter and then try to contact the complainant for refund of the above amount but as the complainant could not be contacted, so in order to recover the excess amount , which is nothing but government money, the OP 2 has marked “hold” of Rs.2,35,548/- on the Savings Account of the complainant.

                    The OP 3 BDO, Karlamunda in his written version contended that on verification of WODC Cash book in respect of WODC Pass Book by the local fund audit in the year 2019-20 they found that an amount of Rs.2,35,548/- was deducted twice on 08.07.2020 from the  said WODC Pass Book and credited  to Smt. Mamata Behera/complainant against the same advice letter No.1181 dt.06.07.2020. Accordingly, issued letter vide No.865 dt.13.03.2023 to Smt. Behera to release the recovery amount. As the Bank Manager, SBI, Karlamunda has wrongly paid twice to Smt.Behera /complainant the BM/OP2 is also asked to examine and sought out the matter vide office letter No.862 dt.13.03.2023.

        Admittedly, the Opposite Party   Bank
SBI Karlamunda has  debited Rs.2,35,548/- on the same day i.e.    on 8.07.2020 from the WOBC Account bearing A/c No.11842464725 and credited the same to the complainant SB Account vide No.30206554577 on  the same day i.e. on 08.07.2020 as per the advice vide letter No.1181 dt.6.7.2020 for transfer of fund of Rs.2,35,548/- only to the complainant/Mamata Behera towards execution of work “Construction of Building at Risida Degree College” which clearly proved the negligence of the concern officials of the OP2 Bank.

                    It is also proved on admission that OP 2/Bank received a letter No.862 dt.13.03.2023 from the OP 3/BDO Karlamunda to examine the matter and try to sought out the matter upon which the OP 2 tried to contact the complainant for refund of the above amount but as the complainant could not be contacted, so in order to recover the excess amount, which is not but government money, the OP 2 branch has marked “Hold” of Rs.2,35,548/- on the saving account of the complainant on the same day.

Here we found nothing material available on record to hold that the OP2 Bank has ever tried to contact the complainant before set hold of her SB account. As on digital age, it may not be hardship to OP 2 Bank to intimate the complainant/account  holder before set hold of her SB account through which she has been drawing her monthly salary.

We are of the opinion that set hold of Savings bank account of the complainant without prior intimation to the account/complainant is an unfair trade practice  and also  it amounts to deficiency in service on the part of the OP 2 Bank, certainly caused harassment and mental agony to the complainant for which she is entitle to be compensated.

The complainant has failed to prove any other injury suffered on account of holding of her SB account by the OP2 . Accordingly, we think it proper to award nominal monetary compensation of Rs.10,000/-  towards harassment and mental agony which includes cost of this litigation .

In view of  the aforesaid discussion this complaint is allowed in part against the OP1&2 on contest  and dismissed against the OP3 with the following directions:-

        The OP2 Bank is directed to lift the “hold” marked over the SB account of the complainant and set it free   to operate forthwith  on  receiving  of this order and further directed to pay Rs.10,000/- as compensation which includes cost of this litigation  to the complainant within 45 days of receiving of this order, failing which the OP 2 bank shall liable to pay Rs.200/- per day till compliance of this order.

Pronounced in open Commission today on this   10th day of August,2023 under the seal and signature of this Commission.

The order  be uploaded forthwith in the website of the Commission and  free copy of this order be supplied to the respective parties or they may download the same from the Confonet  to treat the same as copy of the order received from this Commission

Dictated and corrected by me.