IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                          CASE No.  CC/82/2019.

 Date of Filing:                    Date of Admission:                    Date of Disposal:

   03.07.19                                    10.07.19                                    03.01.23

Complainant: Geetshree Saha

             D/O Gour Gopal Saha, 9/C Exibition Bagan Road,

            Gorabazar, PO&PS- Berhampore, Pin-742101

-Vs-

Opposite Party: 1. Manish Chandra Jha, Senior Branch Manager,

               Bank Of India, Berhampore Branch

               PO&PS-Berhampore, Pin-742101  

             2. Branch Manager, SBI, Barrackpore Branch

             PO&PS-Barrackpore, Pin-700123

Agent/Advocate for the Complainant             : Jagannath Bhattacharjee

Agent/Advocate for the Opposite Party No.1 : Joydeep Mishra.

Agent/Advocate for the Opposite Party No.2 : None

   Present:   Sri Ajay Kumar Das………………………….......President.    

                     Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   Sri. Ajay Kumar Das, Presiding Member.

    This is a complaint under section 12 of the CP Act, 1986.

     One Geetshree Saha (here in after referred to as the Complainant) filed the case against Manish Chandra Jha, Sr. Branch Manager & Anr. (here in after referred to as the OP) praying for compensation alleging deficiency in service.

    The material facts giving rise to file the complaint are that:-

            The Complainant is a consumer of Bank of India, Berhampore Branch having her saving A/C No.430810110005027 of this Bank. She has done upi transaction through BHIM UPI app of amount Rs.13,000/- Finacle transaction id S41853006 dated 10.12.18, UPI reference No. 834215389792 dt. 08.12.18 and amount of Rs.10,870/- Finacle transaction id S48011816, UPI reference No. 834417249623 dt. 10.12.18, total Rs.23,870/- in two Finacle transaction id S41853006 and S48011816 dt. 10.12.18. The transaction was made to SBI, Ranaghat Branch, account No. 118089958980, IFSC SBIN0001770(through BHIM UPI neft). Though this SBI, account No. 118089958980, IFSC SBIN0001770 is an invalid account but the amount got debited from the aforesaid account of the Complainant and no reversal has been done till today.

            The Complainant repeatedly requested the OP to refund the amount but the OP never answered properly. The whole matter was reported to the higher officers of the concern bank and raised complaint in OCRM but no fruitful result. In spite of repeated request the banking authority never gave any answer properly or clarification properly. So, there is a deficiency of service on the part of the OP and as such the Complainant have been compelled to move before the Hon’ble Forum.

            OP No.1 is contesting the case by filing written version stating, inter alia, that the case is not maintainable as there is no deficiency of service on the part of the OP No.2.

            OP No.2, Branch Manager, SBI, Barrackpore Branch wrote a letter to this District Commission to the effect

‘’ Dear Sir

            CONSUMER PROTECTION CASE NO: CC/82/19

          WRONG ACCOUNT NUMER (118089958980) AND IFSC CODE (SBIN0001770)

     In context of above, it is hereby informed to you that the said account is wrong account number as it is of 12 digit rather it should have been 11 digit and IFSC Code mentioned in your letter does not pertains to our Branch. Our Branch IFSC code is SBIN0000029.

     Hench it is returned to you for the necessary action at you end.

     Regards.

    Yours faithfully

     Branch Manager

     State Bank of India

     Barrackpore Branch’’

On the basis of the complaint and the written versions the following points are framed for proper  adjudication of the case :

   Points for decision

1. Is  the Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

All the points are taken up together for the sake of convenience and brevity of discussion.

The record shows that the Complainant has not been taking steps for long period. Such being the position, the instant case is required to be disposed of on merit.

             It is the case of the Complainant that the Complainant is a consumer of Bank of India, Berhampore Branch having his saving A/C No.430810110005027 of this Bank. She has done upi transaction through BHIM UPI app of amount Rs.13,000/- Finacle transaction id S41853006 dated 10.12.18, UPI reference No. 834215389792 dt. 08.12.18 and amount of Rs.10,870/- Finacle transaction id S48011816, UPI reference No. 834417249623 dt. 10.12.18, total Rs.23,870/- in two Finacle transaction id S41853006 and S48011816 dt. 10.12.18. The transaction was made to SBI, Ranaghat Branch, account No. 118089958980, IFSC SBIN0001770(through BHIM UPI neft). Though this SBI, account No. 118089958980, IFSC SBIN0001770 is an invalid account but the amount got debited from the aforesaid account of the Complainant and no reversal has been done till today.

            From the letter of OP No 2, we find that the OP No.2, Branch Manager, SBI Barrackpore Branch has been wrongly made party to this case. From the written version of OP No.1, Senior Branch Manager, Bank of India PO&PS-Berhampore, we find that they debited Rs. 23,870/- from the account number of the Complainant and sent the same to the account No. 118089958980 of SBI Ranaghat Branch as per instruction through BHIM UPI App of the Complainant. Such being the position, it appears to us that we find no deficiency of service on the part of the OP No.1. In view of the matter discussed above, we are of the view that the instant case is liable to be dismissed.                 

Reasons for delay

The Case was filed on 03.07.19and admitted on 10.07.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case fails.

     Fees paid are correct. Hence, it is

                                                            Ordered

that the complaint Case No. CC/82/2019 be and the same is dismissed on merit against the OPs without costs.

        Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

President

 Member                                                                                             President.