IN THE COURT OF DISTRICT CONSUMER REDRESSAL COMMISSION

WEST SINGHBHUM AT CHAIBASA

                         Present: - 1. Sri Vijai Kumar Sharma, President,

                                        2. Sri Rajiv Kumar, Member.

                                        3. Smt. Aparna Mishra, Member,

 C. C. Case No. 20/2018

Chaibasa, Dated: the 6^th May of 2022

Md. Yajdani son of Late Kamrul Hassan resident of Retire Colony Ward No.17, At+P.O. + P.S. Chakradharpur, West Singhbhum, Jharkhand…...Complainant

Vs.

1.  Manager, Bank of India at Main Road Chakradharpur West Singhbhum, Jharkhand.
2.   Manager, HDFC Bank at Chakradharpur West Singhbhum, Jharkhand………Opposite Party

               Advocate for Complainant……………Sri Adikanda Sarangi, Advocate

Advocate for O.P……………………. None (Ex-parte)

Judgment (ex-parte)

    This case has been filed for an award of Rs.425130.00 including cost of litigation and compensation against the O.P Manager of Bank of India Chakradharpur Branch and Manager of HDFC Bank Chakradharpur Branch West Singhbhum for deficiency of service.

Briefly stated case of the complainant Md. Yajdani son of Late Kamrul Hassan resident of Retire Colony Ward No.17, At+P.O.+ P.S. Chakradharpur, West Singhbhum, Jharkhand is that he is holding saving Bank account in the Bank of India Chakradharpur Branch vide Account No.451210100010585 along with customer ID No.017230007.  Further that O.P No.1 is Nationalised Bank where complainant is having his Savings Bank Account and O.P No.2 HDFC Bank is also banking company and complainant used ATM of the above HDFC Bank for verifying his available balance in Saving Bank Account on 19.05.2018 and after using the ATM he came to know that Rs.472261.00. only is available in saving bank account as balance amount.  Further on 04.07.2018 at 7.42 hours again he verified his account from the ATM of HDFC Bank and found that his available balance is only 472261.00 but after some time his account was blocked by the Bank on this complainant rushed to branch and after meeting with concerned Manager he raised grievance in writing for unblocked his account and on 10.07.2018 again complainant verified his account and found that in his savings bank account available balance is only 47139.00.  Further that complainant again visited BOI Chakradharpur branch and demanded for Bank Statement but no any statement was given by the Bank nor was any proper step taken regarding correction of his balance of Saving Bank Account.  Further on 13^th July 2018 complainant sent a legal notice to the Branch Manager through lawyer which was duly served and received by the manager.  In compliance of legal notice Manager issued a letter on 1^st August 2018 along with statement of account addressing Complainant and when complainant perused the statement of account he found that amount shown on 19.05.2018 and 04.07.2018 in his Savings Bank Account has not been mentioned in the statement furnished by the Manager then complainant has got strong suspicion regarding misappropriation and manipulation by the concerned Bank staffs as despite several requests his balance was not updated as per the shown by the ATM.

     Further that due to such activities of authority complainant has sustained loss of Rs 425130.00 and accordingly instant case has been filled by the complainant for an award of Rs 425130.00 along with interest @18% per annum and Rs.100000.00 as litigation cost.

     After admission of the case notice was issued to the O.P. and after issuance of notice, when O.P. did not appear in this case after passing of several dates then vide order dated 24.09.2019 ex-parte proceeding stood started against the O.Ps and complainant was directed to adduce oral and documentary evidences in support of his case.

     Complainant has adduced his affidavited evidences and affidavited evidence of Firoz Ansari and photocopy of Saving Bank Account statement of the Savings Bank Account and ATM Slip of HDFC Bank regarding available balance of complaints saving bank account on 04.07.2018. After that argument was heard in this case on behalf of complainant and case was fixed for judgment.

     Since proceeding of this case is ex-parte against the opposite party so, whatever evidence has been adduced on behalf of the complainant case will be decided on the basis of those oral and documentary evidences.

FINDING

     Complainant has adduced his affidavited evidences which goes to show that there is a Savings Bank Account of Complainant in the Bank of India Chakradharpur Branch maintaining Account No.451210100010585 along with customer ID No.017230007.  Further that on 19.05.2018 he used ATM to know his available balance from HDFC ATM and found that Rs.472261.00 has been shown as credited amount and again on 04.07.2018 there was available balance in his savings bank account shown Rs.472261.00 only but after some time he found that his account has been blocked then he made contact with the Bank of India Chakradharpur Branch and reported the matter in writing and on 10.07.2018 when he verified his Savings Bank Account he found that only Rs.47139.00 is shown as available balance and after that he went to branch demanded Savings Bank Account statement from the Bank but same was not provided by the Manager nor any action was taken by the bank authority on his written complaint regarding correction of his available balance then he sent a legal notice to the Branch Manager and then Branch Manager replied and sent Statement of Bank Account along with information that his Savings Bank Account has never been credited more than Rs.100000.00 and further Statement of Account sent by the Manager doesn't mention available balance in his savings account Rs.425130.00 and accordingly he has prayed for an award of Rs 425130.00 only with interest and Rs.100000.00 for compensation and mental harassment.

     P.W.2 Md. Firoz Ansari who is nephew of the complainant has corroborated the affidavited evidence of the complainant and given his evidence in toto as has been given by the complainant.  Further on perusal of the documentary evidence it transpires that Savings Bank Account in running in the Branch of Bank of India Chakradharpur Branch in the name of complainant and Statement of Account regarding above Savings Bank Account goes to show that from 25.01.2017 to 08.05.2018 available balance which has been shown as credited is not more than Rs.50000.00 shown as balance.

     Further ATM Slip regarding balance enquiry on 04.07.2018 goes to show that available balance has been shown as Rs.472261.00 only since proceeding of the case is going on exparte and O.P. is not present to rebut the evidence of the complainant so in such circumstances burden of the complainant is heavy to prove his case by producing convening oral and documentary evidences.  During argument it was asked several times that what was source of depositing the claim amount Rs.472261.00 by the complainant meaning thereby complainant was asked to produced deposit slip if any or disclose the source regarding online transaction done in his Savings Bank Account to prove the claim balance but the same was not complied with by the complainant and learned counsel for the complainant fairly concluded conceded during argument that complainant has got no any chit of paper regarding any deposit of money in his Savings Bank Account as claimed nor complainant is in a position to disclose any online transaction in his Savings Bank Account regarding claim amount Rs.472261.00

       On the basis of above discussion and finding we are of the view that complainant must have disclose source of depositing money / crediting money in his Savings Bank Account to prove his case and the Bank Statements of Savings Bank Account from 25.01.2017 to 08.05.2018 clearly shows that his Savings Bank Account balance has never exceeded Rs.48000.00.  In such circumstances we are of the view that complainant has not proved his case by adducing convincing oral and documentary evidence.  Further that despite several queries and demand complainant has not produced any chit of paper regarding money depositing or any online transaction made in his Savings Bank Account for claiming amount.

     So finally we arrived at the conclusion that complainant has not proved his case and he is not entitled for any relief as claimed rather instant case is fit for dismissal.

     According it is therefore.

ORDER

     The case of the complainant is hereby dismissed.  Let a copy of this judgment be furnished to complainant free of cost for his information.

                                   (Rajiv Kumar)       (Aparna Mishra)                   (Vijai Kumar Sharma)

                                   Member                           Member                         President