Orissa

Kendujhar

CC/24/2017

Subir - Complainant(s)

Versus

Branch Maneger (SBI) - Opp.Party(s)

P.Sahu

15 Sep 2017

ORDER

             

 IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

                                                            KENDUJHAR

                                                   CONSUMER COMPLAINT CASE NO 24 OF 2017

 Subir Sankar Sahoo,

            At/Po-Atopur, P.s- Town,

 Dist- Keonjhar,

 Pin -758002……………………………………………………………………………..…………………………..Complainant

 

                            VRS

1.The Branch Manager,

State Bank of India,

Main Branch,Keonjhar

 At/Po- Keonjhargarh,

2. The Branch Manager,

Keonjhar Evening Branch,

S.B.I, Keonjhar………………………………………………………………………………………………………………..O.P Parties

  Present:

  Shri Purusottam Samantara,President.

              Smt. B.Giri Member(W).

              Sri B.B Das Member (M).

              Advocate for complainant-Self.

              Advocate for O.P1   -        None.

              Advocate for OP2   –     Himanshu sekhar Malllick & associate.

 

 

 

  Date of filing  - 20.05.2017                                                                          Date of order- 15.09.2017

 

 

 

1. Sri Purusottam Samantara  -  Succinctly put, the complainant submitted, he holds a SBI Account           No- 32202719371 in Keonjhar Evening Branch, Keonjhar since 22.02.2012 and used to transact regularly.

 

2. It is averred, without assigning any reason, the bank has set hold an amount of Rs 6,000/-( six thousand only) for which in visiting the branch, no respond is available nor set hold is vacated to “free hold” in allowing the withdrawal.

 

 

 

 

 

3. The manner  of performance and  inconvience  caused harassment and mental agony. So made the case. Relied on photocopy of passbook and Aadhar card.

 

 

4. Prayed, In interest of justice and a grant of relief of  Rs 20,000/- be passed as per the Consumer Protection Act.

 

5. On notice, the O.P appeared and made the version in contesting the claim that the complainant is trickster/ scamster and runs after swindle the public money in adaptation of fraudulent means.

 

6. Also submitted the titbit of the complainant does not make a sense. The allegation & claims advanced is fictitious & concocted. Although it is admitted, the complainant holds a SBI Account No- 32202719371 and made no transaction since dt 25. 1 .2017.

 

 

7. Further submitted the petitioner filed the case on dt 19^th may 2017 and on the said date of statement of account speaks the last transaction was effected on 25th jan 2017 and the available balance in the account was Rs 91/-.

 

 

8. Further stated the ATM card bearing No- 4591510034616362 going to expired on feb 2017 issued on dt 23.02.2012. And in rendering of hassles free service issued a ATM card bearing No- 4591150089204366 in Jan 2017, one month before expiry of earlier card and the complainant misuse the facility using old ATM card and secondly the new ATM card within interval of 24 hours on dated 24.01.2017 and 25^th   jan 2017 willfuly to defraud the public money, which come to surface after days reconciliation so it is safely said that the complainant is trickster or scamster.

 

 

 

9. The complainant is intimated forthwith on his account and also playing devils game. It is also communicated the amount set hold is not his amount rather a debt so same is put on hold. The fact over drawn of amount of Rs 6,000/- surfaced in the audit, the complainant was advised to make good the amount, although the complainant agreed but did not take any steps. Demand notice was sent in consequences institute the case against this O.P.

 

 

 

 

 

10. As no transaction made in the account genuinely so no deficiency of service arises rather the facts and circumstances speaks the image of the Institution has been tarnished by fallacious & vexatious complaint, the petitioner is liable to pay compensation and complaint be rejected  in limine for ends of justice and equity. Relied on statement of account, demand notice of statement ATM withdrawal.

 

 

11. Heard the complainant and O.Ps counsel at length & perused the record.

 

12. On  Out set, the complaint of the complainant is too poor & bad in precise in concealment of facts, and since institution the complainant is consecutively absent.

 

 

13. Further observation says, no information or document or proof has been adduced  by  the petitioner that the amount credited on dt 23.01.2017 to the SBI Account No-32202719371 either deposited or transferred from other accounts in availing present modes of operation. Hence the amount of Rs 6,000/- coming to the credit of the above SBI Account is a fact of software failure or inadvertent posting or CDM error. No impeachable evidence has been adduced by the OPs that the error has been happened or be committed under technical error leading to software failure.

 

 

14. However it is cannot be rebutted that the complainant has issued with new debit card for hassles free transaction and the petitioner acted maliciously 2 times under old debit card and new debit card to withdraw money as the statement exhibits card tracking system evidenced with  and as produced before this forum. Thus proceeded u/s 13 2 (b) & (c) of C.P Act to settle on merit & material substance as on the record.

 

 

15. Again it is on the record, That debit card no-4591510034616362 ( TXN No-7644) and debit card no-451150089204366( TXN No-8227) has been used in consecutive days to withdraw money being with knowledge that the account rest with a balance of Rs 91.95 paisa only. Hence it augurs a malicious and defrauding motive to defraud  others, Thus in view of the attempt & committing of withdrawal beyond the balance, no way adduced deficiency of service on part of O.Ps to note.

 

 

16. Hence, the above made allegation by the petitioner is  neither proved nor supported  with any  token of evidence rather  we observe the petitioner made a frivolous case killing valuable time of the forum in reckless manner having not an iota of truth on factum thus we ordered in underline terms.

O-R-D-E-R

 

1. The petitioner is hereby directed to repay/refund the O.Ps an amount of Rs 6,000/- only along with Rs 3,000/-(three thousand only )  in addition towards compensation and cost raising a frivolous case against the O.Ps within 40days of this order, failing @ 10% interest  per annum will accrue from the date of this order on same till realization.

 

2. The O.Ps reserves the right to sue against the petitioner to recover the amount.

 

 

3. The O.Ps also reserves the right to lodge a police case. If opted for.

 

4.  Set-hold status on the account will continue till the complete refund is made by the petitioner.

 

   Copy of the Order be made available to the parties as per rule.

               File be consigned to record room.

     Pronounced, 15^th  Sept 2017     

                I agree                                       I agree

                                    

                                    

  (Smt. B. Giri)                            ( Sri B.B Das  )                                            (Shri Purushottam Samantara)

    Member (W)                                Member(M)                                                                      President                    

    DCDRF, Keonjhar                      DCDRF,Keonjhar                                                          DCDRF, Keonjhar  

 

 

 

 

 

                                                                   Dictated & Corrected by

 

 

 

                                                                     (Shri Purushottam Samantara)

                                                                           (President)

                                                                    DCDRF, Keonjhar