Orissa

Cuttak

CC/83/2022

Dhirendra Kumar Pradhan - Complainant(s)

Versus

Branch Manager,State Bank Of India - Opp.Party(s)

G R Pattanaik & associates

31 Dec 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. No.83/2022

 

Dhirendra Kumar Pradhan,

S/O:LateBaishnab Pradhan,

Village:Mahammadabad,P.O:Pimpal Madhab,

P.S:Tirtol,Dist:Jagatsinghpur-754138,

At present At:Haripur,H/O: Kumudini Mohapatra,

P.O:Buxibazar,P.S:Purighat,Dist:Cuttack.                                  ... Complainant.

 

                                                             Vrs.

1. Branch Manager,

State Bank of India,Main Branch,

Cuttack,At:CollectorateChhak,

P.O:Chandinichowk,P.S:Lalbag,

Dist:Cuttack.

 

2. Branch Manager,

Bank of India,MahanadiVihar Branch,

Mahanadi Vihar,Cuttack,P.O:Nayabazar,

P.S:Chauliaganj,Dist:Cuttack-753004.                                            ... Opp. Parties.

 

 

Present:    Sri Debasish Nayak,President.

                    Sri SibanandaMohanty,Member.

 

   Date of filing:     04.05.2022

Date of Order:    31.12.2022

 

For the complainant:           Mr. G.R.Pattnaik,Adv. & Associates.

For the O.P No.1.     :         Mr. P.V.Balakrishnan,Adv. & Associates.

For the O.P no.2:                   Mr S.K.Behera,Adv. & Associates.

 

Sri Debasish Nayak,President                

Case of the complainant as made out from the complaint petition in short is that he has banking accounts with the O.Ps.  He had also fixed deposit bearing bond no.100 of 1998 with them.  In the account with O.P no.2, the complainant has a term deposit of Rs.1,00,000/- bearing receipt no.170/1998.  On 17.2.2022 the bag of the complainant containing the banking documents was exchanged inadvertently with a stranger sitting near him for which he had reported the matter to both the O.Ps.  In the month of November,2020 after frequent visit by the complainant to the O.Ps, he was advised to lodge FIR with an affidavit.  Accordingly, the complainant had lodged FIR at Lalbag P.S on 10.11.20.  Thereafter, he had filed copy of the FIR alongwith an affidavit before the O.Ps and had requested both of them on several occasions in order to provide information regarding his bank accounts and his fixed deposits with them.  But the O.Ps had not cooperated with the complainant and later had denied to provide any information to him.  Thus, the complainant had filed this case before this Commission seeking direction to both of the O.Ps in order to get a sum of Rs.2,00,000/- from each of them towards compensation for their deficiency in service and for causing mental agony and harassment to him.

The complainant has filed copies of certain documents in order to prove his case.

2.            Both the O.Ps have contested this case but have filed their respective separate written versions.  According to the written version of O.P no.1, the case of the complainant is not maintainable.  O.P no.1 after going to the database came to know that the complainant had a Savings Bank account which was dormant for the past two years and thereafter had been closed.  The O.P no.1 through his written version has stated that he could only know about the complainant to have lodged FIR on 10.11.20 at Lalbag PS by perusing the complaint petition but he was not intimated about the same earlier by the complainant.  Thus, the O.P no.1 has prayed to dismiss the complaint petition as filed.

The O.P no.2 through his written version has also stated that the case of the complainant is not maintainable which is liable to be dismissed.  The complainant has no such account with the O.P no.2 as alleged by him.  Thus, he has also prayed to dismiss the case of the complainant it being not maintainable.

3.   Keeping in mind the averments as made in the complaint petition and the contents of both the written versions of O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issues no.II.

Out of the three issues, issues no.ii  being the pertinent issue is taken up  first for consideration here in this case.

Admittedly, the complainant has a Savings Bank account with the O.P no.1 which is non-operational.  The contentions of the complainant that the O.Ps had not cooperated in providing him the details of his Fixed Deposits etc even though he had filed copy of FIR and affidavit to that effect that his bag containing all the bank documents was exchanged with a stranger.  There is no single scrap of paper filed by the complainant here in this case in order to show that infact the complainant had filed the copy of his FIR together with his affidavit which were duly received by the O.Ps and that he intended to get his requiredinformations from them.  In absence of such material documents, this Commission cannot simply conclude that the O.Ps were deficient in their service by not providing the required data as intended by the complainant.  Thus, this issue goes against the complainant.

Issues no.i& iii.

From the discussions as made above, it can never be said here in this case that the case of the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 31^st day of December,2022 under the seal and signature of this Commission.   

 

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

 

                                                                                                                                                           Sri Sibananda Mohanty

                                                                                                                  Member