The instant case was instituted on the basis of a written complaint which was filed by one Bhadru Sekh S/o. Late Patanu SK. Vill. Kalikapur, Thakurpara P.O. & P.S.  Kaliachak Dist. Malda Pin 732201.(W.B.) which was registered as Consumer Case No. 37/2018.

The fact of the case in brief is that the complainant having his Savings Bank Account at State Bank of India, Kaliachak Branch bearing A/c. No. 3374321729 as a Joint A/c with his wife Asenur Bibi. On 19/01/2018 the complainant withdrew Rs.4,000/- (Rupees Four Thousand Only) and the remaining balance was Rs. 17,976.04P (Rupees Seventeen Thousand Nine Hundred Seventy Six and Four Paise Only).

The further case of the complainant is that the complainant went to the Kaliachak Branch in the month of June, 2018 to withdraw some money but the bank officials told him that he has no balance in his account. So the complainant informed the same to the concerned Branch Manager but ultimately he got no fruitful result. So the complainant has come to this Forum to file the case praying for an order for immediate credit of Rs. 17,976/- (Rupees Seventeen Thousand Nine Hundred Seventy Six Only), Rs. 70,000/- (Rupees Seventy Thousand Only) for compensation of mental agony and harassment and for the cost of litigation.        

The case has been contested by O.P. Nos. 1 and 2 by filing written version denying all the material allegations contending inter alia that the case is not at all maintainable according to law and the case is barred by law of limitation and whatever the complainant mentioned in his petition of complaint is false and baseless.  

The definite defense case is that the complainant filed a complaint case to the Assistant Director, Consumer Affairs and Fair Business Practices, Malda R.O. They repeatedly gave him two dates for mediation and the O.P. appeared on the both dates but the complainant did not appear on both of the dates.

The further defense case is that the complainant filed the case before this Forum, with a letter addressed to the Manager, State Bank of India, Kaliachak Branch stating that he is withdrawing the complaint against the bank as such he received all his money with acknowledgement through Bank. Lastly the complainant also informed the matter to Assistant General Manager, Reserve Bank of India, i.e. the Banking Ombudsman and he also settled the matter on 29.12.2018 by transferring the money to the complainant’s account. So dismissal of the case has been prayed for.

In order to prove the case the complainant was examined as P.W.-1 and cross-examined by the O.Ps. One Md. Khabirudding Momin has also been examined on behalf of the complainant. No other witness has been held from O.P. side.

          Now the point for determination: Whether the complainant is entitled to get any relief as prayed for.

::DECISION WITH REASON::

At the time of argument the Ld.Lawyer of the complainant submitted that the documents filed by the O.P. to show that he has no allegation against the bank cannot be relied upon as because the Branch Manager under pressure compelled the complainant to put his signature in the document. He further argued that the body of the document was not written by the complainant Bhadru Sk.  The handwriting differs with the writing of the body of the document. So it cannot be relied. It is not understood why the complainant did not lodge any complaint either to the Police Station or any Higher Officer of the State Bank of India to show that under pressure of the Bank Manager he has compelled to put his signature in the document. For the argument sake if we held that the complainant was compelled to put his signature in the document but in his cross-examination before this Forum he has categorically admitted that “I have no allegation against the Branch Manager, SBI Kaliachak Branch as I have received the entire amount. So the argument raised by the Ld.Lawyer of the complainant that the document in which the complainant put his signature was done by the force of the Branch Manager is not acceptable as because the complainant before this Forum has stated that he has no allegation against the Branch Manager.

On the other hand the Ld.Lawyer of the O.P. State Bank of India argued that the complainant also filed a complaint before the Ombudsman and before the Assistant Director of Consumer Affairs and Fair Business Practices Malda R.O. and the matter was settled by the banking Ombudsman on 29/12/2018. The Ld.Lawyer of the O.P. further argued that the statement of accounts in respect of the account of the complainant has been filed by the O.Ps from which it is clear that the amount has been credited. Perused the statement of account where it is found that the amount has been duly credited. So on perusal of the record it is found that there is no deficiency of service on the part of the bank as the amount was credited.

So on considering such facts and circumstances the instant case is liable to be dismissed.

C.F. paid is correct.

Hence, ordered that

the case be and the same is dismissed on contest without any  cost.

Let a copy of this order be given to the parties free of cost.