C.F. CASE No. : CC/09/50
COMPLAINANT : Sisir Basak,
S/o Late Gokul Basak
Vill. Bethuadahari Station Road,
P.O. Bethuadahari, P.S. Nakashipra,
Dist. Nadia.
OPPOSITE PART/OP : Manager,
Sahara India Financial Corporation,
Vill. Meerabazar, P.O. Plasey,
P.S. Kaliganj, Dist. Nadia.
PRESENT : KANAILAL CHAKRABORTY PRESIDENT
: KUMAR MUKHOPADHYAY MEMBER
: SMT SHIBANI BHATTACHARYA MEMBER
DATE OF DELIVERY
OF JUDGMENT : 19th January, 2010
: J U D G M E N T :
In brief, the case of the complainant is that he opened an account bearing No. 16129864363 on 13.06.05 with the OP Sahara India Financial Corporation and the number of his pass book is 29300. From the entry of the pass book it is available that he deposited Rs. 4,200/- and he withdrew Rs. 1,800/- on 02.09.08. So there Rs. 2400/- is still in his credit. At the time of opening the account the OP told that the petitioner could deposit money and could also withdraw the same as and when required. On 21.05.09 he demanded Rs. 24,00/- from the OP at which the OP declined to pay the said amount. So having no other alternative he has filed this case praying for the reliefs as stated in the petition of complaint.
OP appeared in this case and prayed for time to file written version. Accordingly, several dates were allowed to him to file the same, but he neither filed the written version nor took any step to contest this case. So it is fixed for exparte hearing.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
On the side of the complainant several documents were filed along with the original pass book bearing No. 29300/- opened on 13.06.05 and the account No. is 016129864363. From the entry of this pass book it is available that since 13.06.05 to 12.03.08 he deposited Rs. 2,700/- in total though in the petition of complaint it is claimed that he deposited Rs. 4,200/-. Regarding this amount no document is filed by him. As per the statement of the complainant he already withdrew Rs. 1,800/- from this account. From the document, secured loan account it is available that on 02.09.08 Rs. 1,800/- was debited from his account vide voucher / receipt No. 670126788473. So considering the documents filed by the complainant, specially pass book and the statement made by him in the petition of complaint, we find that actually this complainant deposited Rs. 2,700/- in his bank account under the OP up to 12.03.08 out of which he already took Rs. 1800/- as secured loan. Thus, we find that the net amount stood in his credit in the above cited pass book amounting to Rs. 900/- only which is still lying in the custody of the OP. He can claim this amount only which he is entitled to get also. Besides this, no where in the petition of complaint is stated that he tried to withdraw that amount at which the OP raised any objection nor any document is filed to that extent. So considering the nature of this case, we find no merit in allowing any compensation to this complainant. As the complainant is entitled to get Rs. 9,00/-, so the case succeeds.
Hence,
Ordered,
That the case, CC/09/50 be and the same is allowed exparte against the OP with cost of Rs. 5,00/-. The complainant is entitled to get Rs. 9,00/- from the OP which is still lying deposited in him. Thus, he is entitled to get Rs. 9,00/- + Rs. 5,00/- i.e., in total Rs. 1400/- from the OP. The OP is directed to pay the decretal amount to this complainant within a period of one month since this date failing which the complainant is entitled to get the interest @ 9% per annum upon the decretal dues since this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
