Date of filing 22/09/2017
Judgement dt.27-03-2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Dilip Kumar Banerjee alleging deficiency in service on the part of the opposite party (referred as OP hereinafter) namely Punjab National Bank. Case of the Complainant in brief is that being an account holder in respect of a/c no.1427000100144749 under OP Bank, Behala Branch, the Complainant deposited an amount of Rs.55,000/- on 6/7/2013 between 10.15 to 10.20 A.M. but the cashier to whom he deposited the said sum informed him that there was a shortfall of Rs.19,000/-. It is alleged by the Complainant that he is very much sure that the said cashier had stolen the said amount of Rs.19,000/- . It is further stated by the Complainant that being informed regarding shortfall of the said amount he rushed to the Bank Manager and informed him regarding the said incident and thereafter lodged an F.I.R with the Behala P.S. in respect of which case of theft under section 379 of IPC had been registered on 6/7/2013. The Complainant has also stated that he informed the said incident as well as made correspondences with the OP authority so that he might get refund of the lost amount of Rs.19,000/- but no avail. Accordingly the Complainant has prayed for direction upon OP to refund Rs.19,000/- along with interest of 18% p.a. to pay Rs.1,00,000/- for penalty for negligence and dereliction of duty, to pay Rs.1,00,000/- as to compensation for harassment, mental agony, sufferings etc, and to pay the cost of litigation.
The OP has contested the case by filing written version denying disputing all the material allegations made out in the petition of complaint stating inter alia, that it was a case of ‘Capemary’ committed by some unknown outsider miscreants as it appeared from CCTV footage dt.6/7/2013 and there is no involvement of any of the members of staff of the concerned bank as alleged by the complainant. It is further stated by the OP Bank that CCTV footage of the entire episode and 13 still photographs have been submitted by the Bank with the Behala P.S. for further investigation in the matter of the criminal case being Behala P.S. Case No.338/13 filed before Alipore Criminal Court which is still pending and therefore this Forum cannot decide the matter. Accordingly the OP has prayed for dismissal of the complaint with exemplary cost.
Both parties adduced evidence. The OP files questionnaire to which the Complainant filed reply. The Complainant instead of filing questionnaire filed objection under caqption “humble objection on behalf of the Complainant”.
In course of hearing Ld. Advocate for the Complainant submitted that since the incident took place inside the counter of the Bank, therefore, the Bank is liable to compensate the Complainant. Ld. Advocate for the OP submitted that the Complainant had suppressed the material fact and it is a case of capemary committed by unknown outsider.
Points for determination :
- Whether the case is maintainable
2) Whether the Bank is deficient in providing service
3) Whether the Complainant is entitled to the relief as prayed for.
Decision with reasons
All points are together for comprehensive discussion and decision. The Complainant has specifically stated that he deposited a sum of Rs. 55,000/- with the OP Bank on 6/7/2013 but after depositing the said amount he was informed by the cashier to whom he handed over the said amount informed him that there was a shortfall of Rs.19,000/- . The Complainant in his petition of complaint and in the letters dated 5/2/2015, 24/4/2015, 3/8/2015 and 21/12/2015 to the OP Authorities specifically stated that the cashier to whom he handed over the said amount of Rs.55,000/- had stolen Rs.19,000 therefrom. The Complainant has stated that on 6/7/2013 being informed by the cashier that there is a shortfall of Rs.19,000/- . He lodged FIR with the Behala P.S. It appears from the photocopy of the said FIR that the Complainant Mr. Dilip Kumar Banerjee lodged complaint against accused as described “unknown miscreants”. The FIR contains runs as “the brief fact of the case is that on 6/7/2013 at in between 10.52 hours and 10.55 hours when Complainant had been to Punjab National Bank, Behala Branch to deposit the money amounting to Rs.55,000/- (having notes of Rs.1,000 x 45 pcs., Rs.500 x 18 pcs & Rs.100x 10 pcs respectively) after drawing it from SBI, Behala Branch today. At the time near counter No.1 in the Punjab National Bank, Behala Branch some unknown miscreants committede theft in respect of Rs.19,000/- (Rs.1000 + 19 pcs from the Complainant) by applying tricks”. A Case under section 379 of IPC initiated by the P.S.
It is very much evident from the aforesaid state of affairs that there is discrepancy in the versions made by the Complainants in his FIR and the complaint petition is filed before this Forum. Moreover, no documentary evidence has been adduced wherefrom it would have been evident that he had deposited a sum of Rs.55,000/- with the bank through the said cashier.
In such view of the matter we are of opinion that the Complainant failed to prove deficiency on the part of the OP Bank and as such no relief can be awarded in favour of him.
Hence,
O R D E R E D
That CC/262/2017 is dismissed on contest but without any order as to cost.
