This is a case under section 12 of Consumer Protection Act, 1986.
Brief facts of the complainant’s case is that, the complainant had a savings accounts being no. 3913475218, with the O.P. No. 1 Bank having I.F.S.C. Code: CBIN0280997. The complainant had been regularly depositing and withdrawing amounts from the above account for her personal use. But on 11.07.2019 the O.P. No. 2 and some other officials of O.P. No. 1 Bank, did not allow her to withdraw any amount, from the above account. Thereafter, she went to her Lawyer, who issued a notice under Registered Cover on 17.07.2019, requesting the O.P.s to allow the complainant to operate the above account. In reply the O.P. No. 2 by a letter intimated the complainants Lawyer, that there were two (2) persons by the name of Gita Kujur and both of them had been issued, the same account no. being 3913475218 and the same was being verified and advised her to produce the photo copy of the receipts of amounts, deposited by the complainant. The Lawyer of the complainant vide letter dt. 11.09.2019, gave all the available photo copy of the receipts of the amounts, deposited by the complainant in the above account. But the complainant was yet to be permitted to withdraw the amounts from the above account. Hence this case.
The O.P’s. appeared in this case to contest their claim but failed to file Written Version and finally abandoned their claims.
Ultimately the complainant, also failed to appear and the case is taken up for disposal on merits. The complainant’s complaint is supported by an affidavit and therefore, she has been able to establish the case, that she had a savings account being no. 3913475218 with the O.P. No. 1 Bank and has corroborated her affidavit by filing a number of deposits slips, which clearly go on to prove that she had an active Savings Bank Account No. 391347521 with the O.P. No. 1. The Lawyer notice dt. 17.07.2019 and the bank letter by the O.P. No. 2, further establishes, that the complainant had been prevented from operating the above Savings Bank Account. It is further enhanced by the letter dt. 11.09.2019, sent to the O.P. NO. 2 wherein the photo copies of the deposit slips had been sent. The very fact, that the complainant, had to file this case and the O.P’s. having failed to submit their Written Version indicates that the complainant was still prevented from operating her Savings Bank Account. This not only proves that the O.P.’s are guilty of deficiency in service and the prayer of the complainant, thereby needs to be allowed. As a result, the O.P’s. be directed to permit the complainant to operate her Savings Bank Account No. 391347521, without any hindrance and for such deficiency in service, they are liable to compensate the complainant with an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) and Rs. 5,000/-(Rupees Five Thousand) for cost of the litigation.
It is therefore,
O R D E R E D
That the case be and the same is allowed on merit with costs against the O.P. No. 1 & 2.
The O.P’s. are directed to deposit Rs. 25,000/- (Rupees Twenty Five Thousand Only) in the Savings Bank Account bearing no. 391347521 belonging to the complainant.
The O.P’s. are also directed to deposit Rs. 5,000/-(Rupees Five Thousand) for cost of the litigation in the Savings Bank Account bearing no. 391347521 belonging to the complainant.
Copy of the Judgement/ Final Order be handed over to the parties free of cost.