| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 11 of 2015 Suma Begom Barbhuiya, Represented by her Natural Guardian, Father, Salim Uddin Barbhuiya ………………….…………………… Complainant. -V/S- 1. The United Bank of India, Represented by its Regional Manager, Central Road, Silchar – 1, P.S. Silchar Dist. – Cachar, Assam. 2. The Branch Manager United Bank of India, Arunachal Branch, P.O – Arunachal, P.S – Silchar, Dist. – Cachar, Assam……………………………….. Opp. Parties. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Sri Ansarul Hoque , Advocate for the complainant. Sri Debabrata Das, Advocate for the O.Ps. Date of evidence……………………. 05-11-2015, 15-02-2016 Date of written argument………….. 10-06-2016, 20-02-2017 Date of argument…………….......... 24-03-2017, 16-05-2017 Date of judgment…………………… 16-06-2017 JUDGMENT AND ORDER (Sri Bishnu Debnath) - The case brought U/S 12 of the Consumer Protection Act by a minor student Suma Begom Barbhuiya through her father the natural guardian against the United Bank of India, Arunachal Branch for award of compensation and other reliefs because due to deficiency of service of the said Bank her scholarship of Rs.9,300/-(Rupees Nine Thousand Three Hundred) only has not been credited to her SB A/C No. 0743010291026.
- The complainant stated in the complaint that Suma Begom Barbhuiya opened a SB A/C No. 0743010291026 in the O.P Bank on zero balance on 15-08-2014. Accordingly, her scholarship of Rs.9,300/- transfer through NEFT by the Ministry of Minority Affairs directly to her SB A/C No. 0743010291026. The O.P Bank send back the said amount to senders account on the plea that the Bank Account of the student Suma Begom Barbhuiya has been deactivated. While the matter brought to the knowledge of the complainant through Head Master A.C Memorial High School, Nizjoynagar, Cachar, he requested the O.P Bank to do needful but in vain. Ultimately, the correspondence made to Ministry of Minority Affairs but the Ministry of Minority Affairs informed the complainant that it would not be credited in the Bank Account as Public Financial Management System does not reprocess the rejected application.
- However, the O.P Bank in its W/S admitted the fact that the SB A/C No. 0743010291026 was opened by Suma Begom Barbhuiya on 15-08-2014 and Post Matric Scholarship of Rs.9,300/- send by Ministry of Minority Affairs through NEFT to the said account on 24-12-2014 but amount returned because account was inactivated due to non-operating of the account. However, the O.P Bank further stated that considering the inconvenience of the complainant, the O.P-Bank moved the Minority Affairs Department through the D.C, Cachar, vide O.M. No. ARC/DEP/NEFT/01/15, dtd. 23-03-2015 and informed the complainant.
- During hearing the complainant adduced evidence and exhibited documents including Bank Pass Book. The O.P also examined Sri. Sasanka Sekhar Dutta, the Chief Manager, Regional Office, Silchar as D.W. Both side counsels also submitted written argument. We have heard argument of both sides counsels and peruse the evidence on record.
- In this case, the crux point as whether the O.P have deactivated the Bank Account of Suma Begom Barbhuiya (Vide A/C No. 0743010291026) as per procedure established by law.
- It is admitted fact that Suma Begom Barbhuiya opened her aforesaid Bank Account to the OP- Bank on 15-08-2014 on zero balance as per Bank Rule and obtained Pass Book. It is also admitted fact that Rs.9,300/- Post Matric Scholarship send by Minority Affairs Department through NEFT directing to the above account but returned the said amount as the account was found inactive. In the Ext.1 Pass Book of the Bank does not contain any clause regarding deactivation of the Bank Account. However, the Ext.2 the admitted document exhibited by the complainant. The said document i.e. letter issued by the O.P-Bank to the Head Master, A.C Memorial High School, Cachar on 17-03-2015. In that document the O.P-Bank mentioned inter alia that the account of Suma Begom Barbhuiya has been activated. If this is the fact, it is the burden of the O.P-Bank to clarify as when the Bank account deactivated due to non-transferred and for which scholarship amount returned then how the same Bank Account activated. The O.P examined witness but nothing made clear in that aspect as how the Bank Account activated in view of Ext.2.
- Thus, it is appeared that the O.P-Bank has power to activate suo moto a deactivated Bank Account. If this is the ground reality then why the Bank authority did not act judiciously to activate the Bank Account of Suma Begom Barbhuiya for the sake of accepting the amount of Rs.9,300/- as scholarship money. Nothing explained by the O.P. It is also not revealed from the record that any notice is given to the holder of the account to make transaction within a stipulated period to keep the aforesaid Bank Account activate.
- Hence, in our considered view, deactivation of the Bank Account without prior notice to the holder is deficiency of service. Thus, the O.P-Bank is liable for deficiency of service. Hence, to compensate the loss of Rs.9,300/-(Rupees Nine thousand three hundred) only, the O.P-Bank is to pay compensation of Rs.14,000/-(Rupees Fourteen thousand) only, and proceeding cost of Rs.1,000/-(Rupees One thousand) only. The above awarded amount of Rs.15,000/-(Rupees Fifteen thousand) only to be paid to the Bank Account No. 0743010291026 of Suma Begom Barbhuiya within 45 days from today. In default, interest @ 10% P.A. will be paid on awarded amount till realization of the full amount.
9.With the above, this case is disposed of on contest. Supply free certified copy of this judgment to the parties. Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 16th day of June, 2017. | |
