Orissa

Cuttak

CC/41/2015

Ashok Kumar Haldar - Complainant(s)

Versus

Branch Manager,UCO Bank - Opp.Party(s)

B P Bal

28 Jul 2016

ORDER

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

C.C No.41/2015

 

Sri Ashok Kumar Halder,

At:Laxmanpur,PO:Jagatpur,

Dist:Cuttack.                                                                         … Complainant.

 

Vrs.

  1. Branch Manager,

UCO Bank,College Square Branch,

At/PO/Dist:Cuttack.

 

  1. Zonal Manager,

UCO Bank,Kanika Chhak,

Tulasipur,Cuttack.                                                               … Opp. Parties.

 

Present:               Sri Bichitra Nanda Tripathy,Presiding Member.

               Smt. Sarmistha Nath, Member.

 

Date of filing:  06.04.2015

Date of Order: 28.07.2016

 

Mr. Bichitra Nanda Tripathy,Presiding Member.

 

                This is a dispute wherein the complainant has alleged deficiency in service and also unfair trade practice on the part of the O.Ps.

  1. The complaint in short is as follows:-

It is alleged that on 10.7.2014 the complainant deposited a sum of Rs.60,000/-in cash with O.P.1 Bank in his loan A/C No.2450610004753 and obtained required receipt(counter foil) from O.P.1.  On the same date even if a credit of Rs.60,000/- was given in his loan A/c a debit of Rs.10,000/- was also given in the said loan a/c of the complainant  by the O.P.1 Bank without his knowledge.    The complainant  came to know this on 7.8.2014 and made several representations to the O.P Bank to credit a sum of Rs.10,000/- which was debited as on 10.7.2014- but in vain.  On 16.12.2014 the complainant served a notice on O.P.2 to look into the matter and to refund the above amount of Rs.10,000/- and it also yielded no result.  Again on 5.2.2015 the complainant served another notice on O.P.2 but in vain.  Finding no other way, the complainant took shelter under this Hon’ble Forum.  He has prayed for refund of Rs.10,000/- with interest and another sum of Rs.10,000/- towards litigation expenses, mental agony and harassment.

2.Observations:

  1. We have gone through the case carefully and also gone through the papers/documents as submitted by the complainant and the reply and written version as submitted by O.P Bank.  We observe that on 10.7.2014 the complainant has filled up the pay-in-slip to deposit a sum of Rs.60,000/- in his loan A/c No.2450610004753 – but he had tendered a sum of Rs.50,000/- for the purpose as per the denomination of notes as tendered by him as detailed below and as per pay-in-slip as submitted by the complainant vide Annexutr-2.

                       Denomination                       No.                           Amount

                                Rs.1,000/-                    x  6                 Rs.6000/-

                                Rs.     500/-                  x 76                                Rs.38,000/-

                                Rs.     100/-                  x 60                                Rs.  6,000/-

                                                                                                             Rs.50,000/-

 

It is clear that the total money tendered to be deposited with the O.P Bank was wrongly stated in the pay-in-slip as Rs.60,000/- whereas the exact amount tendered was Rs.50,000/-.  The counter foil was also filled as Rs.60,000/- by the complainant.  The receiving cashier has inadvertently also put his signature and seal on the deposit slip of Rs.60,000/-.  In the reply given by O.P.2 to the complainant on 31.12.14 they have intimated the complainant that a sum of Rs.50,000/- was actually deposited by the complainant whereas the pay-in-slip was filled up as Rs.60,000/-. O.P.2 had also given the details of denomination of notes as tendered by the complainant which was as per the pay-in-slip filled up by the complainant. In their written version dt.3.6.15 the O.P.1 has also stated that the complainant has deposited a total sum of Rs.50,000/- but the amount was filled up in the pay-in-slip as Rs.60,000/- instead of Rs.50,000/-.  By mistake, the concerned employee of the Bank has made endorsement regarding acceptance of Rs.60,000/- instead of Rs.50,000/-.  When the O.P.1 found such mistake they have rectified the said error on the same day.

  1. We know that when a deposit is made with the Bank, the required pay-in-slip is filled up for the purpose.  The cashier in the counter uses to check the pay-in-slip and also the counter foil attached to the pay-in-slip. He counts the cash tendered for the purpose.  After the cashier is satisfied that the exact amount of cash tendered is filled up in the pay-in-slip/counter foil he puts his signature and seal as a token of acceptance and hands over the counterfoil to the depositor.  Here the cashier has failed to detect the mistake between the amount written in the pay-in-slip and amount tendered when the amount was received on the counter.  The same has been detected afterwards - may be at the time of the cash was tallied/closed at the end of the day. The O.P.1 has found the mistake with the pay-in-slip filled up by the complainant where Rs.50,000/- was tendered but amount was shown as Rs.60,000/- and since they have already credited the loan A/c for Rs.60,000/-,they have  adjusted Rs.10,000/- as a debit to the loan A/c of the complainant .  As a result of which a net balance of Rs.50,000/- was credited to loan A/c.
  2. In view of the observation of Appellant Forum in 2015(1) CPR-834(N.C) as stated below:

“Bank employees are supposed to be vigilant and prudent in discharge of their duties”.

We are of the opinion that the cashier who accepted cash worth Rs.50,000/- vide pay-in-slip which was wrongly prepared as Rs.60,000/-, should have been vigilant and prudent on the matter.  Again a suitable written reply should have given to the complainant by the O.P.1 Bank soon after detection of such facts since the complainant was a regular customer of the Bank.

  1. Hence basing on the facts and circumstances, we are of the opinion that a sum of Rs.50,000/- was actually tendered by the complainant for deposit in his loan A/c but the pay-in-slip and counter foils were wrongly filled up as Rs.60,000/- which was also wrongly accepted by the cashier.

ORDER

  1. Since UCO Bank, College Square Branch has received a sum of Rs.50,000/- from the complainant as per the exact amount tendered by the complainant , the question of refund of Rs.10,000/- by O.P.1 does not arise.
  2. No order as to costs.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 28th day of July, 2016 under the seal and signature of this Forum.

 

                                                                                                                      (Sri B.N.Tripathy )

                                                                                                                       Presiding Member.

 

 

                                                                                                                        (Smt. Sarmistha Nath) 

                                                                                                                            Member(W).

 

 

 

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