Sri Shyamal Gupta, Member

Challenge under this Appeal is the Order dated 02-04-2018, passed by the Ld. District Forum, Kolkata-I (North) in CC/349/2017.  Incidentally, by such order, the complaint case was allowed, albeit in part.

Aggrieved with the inaction on the part of the Respondent Bank to refund the amount of Rs. 5,522/- that was incorrectly debited from the account of the Appellant towards locker rent, the instant complaint case was filed.  Notwithstanding the said case was allowed, as the compensation awarded did not satisfy the Appellant vis-à-vis the harassment faced by him, he moved this Appeal.

Undisputedly, the Appellant did not avail of locker facility from the Respondent Bank.  Admittedly, the disputed amount was deducted by mistake by the Respondent Bank. 

It appears that the disputed amount was deducted from the account of the Appellant on 27-07-2017.  Allegedly, due to such goof up on the part of the Respondent Bank, the Appellant could not make a Fixed Deposit of Rs. 93,000/-.

As it further appears, the Appellant vigorously chased the matter with all concerned officials, but till the date of filing of the complaint case, there was no positive development.  Only after the complaint case was filed, the charge debited earlier was reversed. 

Though the Respondent bank attributed the delay to technical hindrance and official procedure, let me empathically make it clear that it is not the concern of a hapless customer.  As the wrong was done by the Respondent Bank, it was incumbent on its part to swing into action expeditiously and effectively to undo the wrong.  It is hardly believable that despite the best intentions on its part, the Respondent could not sort out such trifle matter in 5 months. There was definite laches on the part of the Respondent Bank.

It is also unfortunate that, the Respondent Bank did not pay any interest for the intervening period between 27-07-2017 and 28-12-2017.

Considering all aspects, I am inclined to enhance the compensation amount to Rs. 5,000/- from Rs. 1,000/-, as awarded by the Ld. District Forum and accordingly, direct the Respondent No. 2 to credit the differential amount to the savings account of the Appellant within a period of 40 days from this day, i.d., simple interest @ 9% p.a. shall be payable on the sum of Rs. 4,000/- for the entire period of default.

The Appeal, thus, stands allowed in part.