JUDGEMENT.
DATED :13-02-2015.
It is a complaint case for deficiency of service.
The case of the Complainant, in short, is this that the Complainant is a retired person from Police Force on 31-12-1988 and he opened one Pension A/c No.7414 (Savings) before the O.P. No.1 on 27-12-1988 and informed the same to the superior authorities. When the Pension started, Bankura Treasury sent directly pension benefit on the said A/c no.7414 to the O.P. no.1 Bank. For withdrawing money as per application the O.P. no.1 issued 25-pages Cheque Book in the name of the Complainant mentioning the said A/c Number. The Complainant did not make the pass book upto date in bank and he attended the Bank lastly on 10-07-2012. On 28-01-2013 for want of money the Complainant like previous manner handed over one cheque being number 028146 for Rs.5,000/- but the O.P. no.1 returned the same saying that only Rs.160/- is lying in the account. After making the Pass Book up to date it is noticed that since 24-01-2010 to 28-01-2013 from time to time money has been withdrawn through ATM Card from the said Pension A/c no.7414 though there was no ATM Card against the said account. As the O.P. no.1 refused to accept his grievances, finding no other alternative he filed an application on 04-02-2013 narrating his grievances to this effect that Rs.1,36,936/- has been withdrawn fraudulently from his said Pension A/c and he also made an
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Consumer Complaint No.19 of 2013.
appeal to the O.P. no.2 for enquiry into the matter. But finding no result the Complainant has filed this case praying for direction upon the O.Ps. for crediting fraudulently withdrawal total cash amount to Rs.1,36,936/- to his Pension A/c, Compensation and Litigation Cost.
The O.P. no.1 has contested this case by filing written version denying allegations of the Complainant contending inter alia that it is not true that the Complainant had no ATM Card in A/c no.7414. The Complainant himself used the ATM Card and a sum of Rs.1,36,936/- has been withdrawn through his said account by him. So, the case is not maintainable and is liable to be dismissed with cost to the O.Ps.
On the basis of pleadings of both the parties now the question is as to whether the Complainant is entitled to get the relief as prayed for.
Decision with reasons.
The Ld. Lawyer for the Complainant has not filed any written notes of argument but has made same submissions as stated in the complaint.
The Ld. Lawyer has further submitted that as per the circular of the Office of Account General, W.B. vide Circular no.pen.co-ordn/4 vol.X/193 dated 16-02-2007 that the Pensioner will not use any ATM Card. Moreover, the Complainant does not admit his signature appearing on the true copy of the name of A/c Holder and also on the copy of Application for ATM Card but in spite of order the O.P. no.1 did not produce the original document bearing specimen signature of the Complainant. So, the O.P. no.1 cannot raise any question regarding the alleged signature appearing on the said documents.
The Ld. Lawyer for the O.P. no.1 has not also submitted any written notes of argument but has made same submissions as stated in the written version. The Ld. Lawyer has further submitted that in this case the main question is as to whether the Complainant had any ATM Card in respect of his Pension A/c no.7414.
The Ld. Lawyer has further submitted that the O.P. no.1 has submitted true copy of statement duly attested by the Bank Authority to show that this Complainant received ATM Card by putting his signature on 24-05-2007 in respect of his Pension A/c and the copy of application for ATM Card in respect of Pension A/c signed by the Complainant has been filed by bank in this case. The Ld. Lawyer has further submitted that this Complainant has filed an application on 29-01-2013
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Consumer Complaint No.19 of 2013.
addressing to the O.P. no.1 with request to cancel the ATM Cards in respect of his Pension A/c no.7414 and another A/c no.1586 and accordingly the O.P. no.1 Bank cancelled the said ATM Card in respect of the Pension A/c of this Complainant on receiving this application on 30-01-2013 from the Complainant. So, it will be clear that before submitting the said application dated 29-01-2013 praying for cancellation for ATM Card in respect of his Pension A/c, the Complainant very cleverly withdrew the said questionable amount from his Pension A/c by using his ATM Card. So, this case is liable to be dismissed with costs.
After going through the pleadings of both the parties and the documents on record produced by them we find that if it is presumed that the signature of this Complainant appearing on the Xerox copy of application for ATM Card and the document for acceptance of ATM Card on 24-05-2007, are not the signature of the Complainant, but the Complainant has not given any satisfactory explanation regarding his own application dated 29-01-2013 submitted before the O.P. no.1 praying for cancellation of the ATM Card in respect of his Pension A/c no.7414. Moreover, there is no denial on the part of this Complainant regarding his signature appearing on the application dated 29-01-2013 praying for cancellation of ATM Card for his Pension A/c no.7414.
In the aforesaid circumstances we have no hesitation to hold that this Complainant had ATM Card in respect of his Pension A/c no.7414 and he withdrew the said questionable amount from 2010 to 28-01-2013 gradually. So, the Complainant fails to prove his case and is not entitled to get any relief as prayed for.
In the circumstances the above point is answered against the Complainant.
In the result the complaint fails.
Hence, it is
Ordered
That the Complaint Case no.19 of 2013 is dismissed on contest against the O.Ps.
Let a copy of this Judgement be supplied to the parties free of cost as per Rule.
