Date of filing: 13.09.2017

Date of Judgment: 31.8.2018

Mrs. Balaka Chatterjee, Member

This petition of complaint is filed u/s 12 of the CP Act 1986 by Mona Pore alleging deficiency of service on the part of the opposite party (refered as op hereafter) namely CANARA BANK.

 Case of the Complainant, in brief, in that the complainant being an account holder of an account being No. 3639119002304 since 24.08.2011 deposited an amount of Rs 10, 000/- with the op on 13.11.2016 , during the period of demonetization  but said deposited amount had not been credited in her account and, being worried the  the complainant contacted the op Bank on several occasions and getting assurance from the OP waited a considerable span of time but the said amount had not been credited to her account for reason unknown. Finding no other  alternative the complainant sent a legal notice through her Ld Advocate but that too yielded no fruitful result and, therefore, the complainant by filing the instant consumer complaint prays for direction upon the op to credit Rs 10, 000/- in her account, to pay  Rs 20, 000/- towards compensation and Rs 10, 000/- as cost of litigation.

Notice was served but the OP did not tun up so the case proceeded exparte against OP vide Order No 5 dt.14.06.2018.

Decision with reasons

The complainant claimed to have deposited Rs 10000/- with the op Bank. In support of such contention the complainant filed deposit slip dt 13.11.16 wherefrom it appears that the complainant deposited Rs10, 000/-with the OP. The complainant has stated that said amount had not been credited in her account. Photocopy of account being No. 3639119002304 supports such contention of the complainant. It appears from letter dt. 29.07.2017 that the complainant brought the matter to the notice of the authority of Bank.

It is, therefore, evident that the complainant deposited an amount of Rs 10, 000/- with the op Bank on 13.11.16 and said amount had not been credited to her account and on request the Bank authority took no steps to redress the grievances of the complainant. In our view, such act on the part of the OP Bank amounts to deficiency in service. Moreover, unrebutted and unchallenged evidence of the complainant proofs the allegation of the complainant and therefore, the complainants entitled to the reliefs.

The complainant had to suffer harassment and mental agony due to in action on the part of the Bank and, therefore, in our view, she is entitled to get compensation.

The op compelled the complainant to file the instant consumer complaint; they are liable to pay cost of litigation.

In the result the consumer complaint succeeds.

Hence, Ordered,

That CC/211/2018 is allowed in part exparte with cost.

 The OP is directed to credit Rs 10, 000/- to the account of the complainant being No. 3639119002304 within one month from the date of communication of this order to the op.

The op is further directed to pay Rs 2000/- towards Compensation and Rs 5000/- towards cost of litigation within aforesaid period.