C.F. CASE No. : CC/10/21
COMPLAINANT : Biswajit Pal,
S/o Anil Pal,
Vill. Khidirpur, Madhyapara,
P.O. Bethuadahari, P.S. Nakashipara,
Dist. Nadia.
OPPOSITE PARTY/OP : Manager,
State Bank of India,
Khidirpur Branch,
Vill. Khidirpur Bethuadahari,
P.O. Bethuadahari, P.S. Nakashipara,
Dist. Nadia.
PRESENT : KANAILAL CHAKRABORTY PRESIDENT
: KUMAR MUKHOPADHYAY MEMBER
: SMT SHIBANI BHATTACHARYA MEMBER
DATE OF DELIVERY
OF JUDGMENT : 23rd August, 2010
: J U D G M E N T :
In brief, the case of the complainant is that he is an account holder along with his mother at SBI, Khidirpur Branch bearing No. 01150065296. It is his further case that in November, 2009 he applied for one ATM Card which he did not get till 08.02.10. On 08.02.10 he went to the Bank to withdraw money when he learnt that through ATM Card Rs. 2,19,000/- was already withdrawn on different dates. He intimated the Bank that he had no ATM Card, so no question of withdrawing money does arise on his part. Rather someone withdrew the money from his account. On 14.02.10 the OP Bank intimated him that the withdrawn amount was deposited by someone at which he became astonished. The OP did not lodge any F.I.R. at the P.S. for withdrawing money from his account by the third person. As he is engaged in making idols, so he had to purchase articles due to which he went to the Bank on 08.02.10 to withdraw money of Rs. 30,000/-. As there was no money in his account, so it was not possible for him to purchase articles, as a result of which he had to suffer financial loss. So having no other alternative, he has filed this case praying for the reliefs as stated in the petition of complaint.
OP State Bank of India has contested this case by filing a written version / written objection, inter alia, stating that the case is not maintainable in its present form and nature. It is his contention that the complainant is an account holder of this Bank and there is another Biswajit Pal of the same village who is also a SBI A/c holder bearing No. 11803505816. He further submits that this complainant and another Biswajit Pal both account holders submitted application for obtaining ATM Card and one ATM Card in the name of the complainant was issued from the appropriate authority of the SBI which was sent by Registered Post. But the said ATM Card was delivered by the postal authority to another Biswajit Pal whose father received the ATM Card of the complainant from the postal peon on 20.01.09. This OP further came to learn that the said Biswajit Pal withdrew Rs. 2,19,000/- from the account of the complainant by using the said ATM Card in spite of knowing fact that he had no money for withdrawing the same from his own account. When this matter came to the knowledge of the OP he made an enquiry and found that the said Biswajit Paul withdrew the amount being Rs. 2,19,000/- from the A/c of the complainant by using the ATM Card and said Biswajit Paul acknowledged his guilt and thereafter he deposited the money along with interest in total Rs. 2,20,240/- in the account of the complainant and gave a written acknowledgement to the effect before the Bank. So everything happened due to mis-delivery of the ATM Card by the postal peon and this OP has no negligence in this case. The postal authority is the necessary party in this case. Hence, the complainant has no cause of action to file this case and the same is liable to be dismissed against him.
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 a careful perusal of the petition of the complaint along with annexed documents and the written version filed by the OP and after hearing the arguments advanced by the ld. lawyers for the parties it is available on record that this complainant is an A/C holder under the OP Bank and at the same time it is also available that another Biswajit Pal of the same village is the A/C holder in the OP Bank and both of them applied for obtaining ATM Card. ATM Card was issued by the SBI in the name of the complainant Biswajit Pal which was mis-delivered to another Biswajit Pal of the same locality by the postal peon. That Biswajit Pal knowing fully well that the card belonged to the complainant withdrew Rs. 2,19,000/- from the account of the complainant without his knowledge by using that ATM Card on several dates which is undoubtedly a criminal offence. From the written version filed by the OP it is available that though the said Biswajit Pal acknowledged his guilt in withdrawing the money from the account of the complainant who subsequently deposited the said amount along with interest. The total amount being Rs. 2,20,240/- was deposited in the account of the complainant and that Biswajit Pal gave a written acknowledgment to that effect before the Bank. Bank has filed a copy of the written acknowledgement filed by the said Biswajit Pal on 14.02.10 in which he categorically admitted regarding withdrawing of Rs. 2,19,000/- from the account of the complainant and subsequent deposit of Rs. 2,20,240/- in that account. In that letter he has stated regarding withdrawing the money by using the ATM Card of the complainant. But the bank authority did not take any legal step against that Biswajit Pal, rather the bank authority excused him for doing a criminal offence which is a great deficiency in service on the part of the OP Bank. It is the duty of the OP Bank to file a criminal case against the offender as soon as it comes to his notice. In the instant case we find that Bank Authority was reluctant to file any criminal case against the said Biswajit Pal who committed a serious offence. The Bank Authority cannot ignore his liability being a public institution. The complainant suffered financial loss as he failed to withdraw money on 08.02.10 in order to purchase articles for making idols and suffered mental pain also when he learnt that a third person withdrew Rs. 2,19,000/- from his account. In view of the above discussions our considered view is that the complainant has become able to prove his case. So he is entitled to get the reliefs as prayed for. In result the case succeeds.
Hence,
Ordered,
That the case, CC/10/21 be and the same is allowed on contest against the OP. The OP is directed to issue a fresh ATM Card in favour of the complainant within a period of one month since this date. The complainant is also entitled to get compensation amounting to Rs. 5,000/- for harassment and mental anxiety caused to him + litigation cost of Rs. 1,000/-. The OP also is directed to pay the decretal amount of Rs. 6,000/- to the complainant within a period of one month since this date of passing this judgment, in default, the decretal amount will carry interest @ 9% per annum 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.
