| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 47 of 2014 Anam Uddin Barbhuiya, …………………………………………. Complainant. -V/S- 1. Allahabad Bank, (represented by Regional Manager) Regional office, Guwahati. O.P No.1. 2. Regional Manager, Allahabad Bank, Regional Office, Guwahati. O.P No.2. 3. Branch Manager, Allahabad Bank, Jalalpur Branch, P.O. Jalalpur, Cachar. O.P No.3. 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 Prasenjit Bhattacharjee, Advocate for the complainant. Sri Santanu Nandan Bhattacharjee, Advocate for the O.Ps. Date of Evidence 20-04-2015, 30-07-2015 Date of written argument 15-03-2017, 20-04-2017 Date of oral argument 30-12-2017 Date of judgment 12-01-2018 JUDGMENT AND ORDER Sri Bishnu Debnath, - Md. Anam Uddin Barbhuiya brought this case under the provision of Consumer Protection Act,1986 against the Allahabad Bank and its Branch Manager of Jalalpur Branch for award of compensation etc. because his deposited amount of total Rs.4,30,000.00 did not credit to his SB A/C No.9525 (old) corresponding to New A/C No.2247585690.
- He stated inter-alia that he deposited Rs.30,000.00 on 01-11-2012, Rs.1,50,000.00 on 12-04-2013, Rs.1,00,000.00 on 17-06-2013 and Rs.1,50,000.00 on 26-11-2013 but the said amounts have not been credited to his aforesaid bank account. Accordingly, asked the Branch Manager on 26-05-2014 to credit the said amount to his bank account but the Branch Manager did not make credit entry. Accordingly, in this respect criminal case lodged vide Katigorah P.S Case No. 148/2014. During investigation of the said case, investigation officer seized the deposit slips dated 12-04-2013, 17-06-2013 and 26-11-2013. The Allahabad Bank Authority and its Branch Manager submitted joint W/S. In the W/S admitted the fact that aforesaid amount were not credited to the bank account of the complainant. But the plea of the O.Ps are that such amount had been deposited by the complainant and the deposit slips in respect of alleged transaction were fake.
- During hearing the complainant deposed as P.W and exhibited seizer list in respect of seizer of deposit slip dated 12-04-2013, 17-06-2013 and 26-11-2013. He also exhibited deposit slip for Rs.30,000.00 dated 01-11-2012 and the letter wrote to the Branch Manager of the Allahabad Bank vide Ext-1, Ext-2 and Ext-3 respectively. He also exhibited copy of his pass book and bank statement. The O.Ps also examined Mr. Liankhankhup Hangzo, the Branch Manager and exhibited bank statement vide Ext-A. After closing evidenced both sides’ counsels submitted written argument.
- I have perused the evidence on record, written argument and heard oral argument of the Ld. Advocate of the complainant but none has appeared on behalf of the O.P for oral argument. The status report of the Katigorah P.S Case No.148/2014 (corresponding to the G.R Case No.1645/2014) was called for. As per status report, the case has been investigated and charge-sheet submitted against Rabindra Chandra Das the employee of Allahabad Bank, Jalalpur Branch but the said employee has been expired. Of course, as per that report police seized the deposit slips vide MR No.117/14.
- In this case the O.P denied the alleged fact of deposit. That is why the complainant by adducing both oral evidence and documentary evidence vide Ext-1 ad Ext-2 tried to establish that he deposited the aforesaid amount. Ext-3 the letter also reflected the said fact that after deposit he obtains counterfoil of deposit slip and copies of deposit slip submitted to the bank along with Ext-3. The seizer list vide Ext-1 also disclosed the fact of obtaining counterfoil of deposit slips. I have also perused the C/D of the G.R Case No.1645/14 corresponding to the Katogorah P.S Case No.148/14. As per the said C/D the deposit slips have been seized by the police and after investigation police submitted charge-sheet against a bank employee Rabindra Chandra Das for misappropriation of money deposited by the bank customer including the complainant and accordingly he was charge-sheeted U/S 406/420 IPC. Of course, the criminal case is pending before the Court of Judicial Magistrate, Silchar. But as per provision of Section 3 of Consumer Protection Act, the reliefs sought for a in this District Forum is nothing but the additional relief then the relief sought for in the criminal case. Hence, this District Forum can exercise jurisdiction.
- Keeping in mind the above provision of law this District Forum is of opinion that when the complainant is able to establish the fact in view of Ext-1 and Ext-2 and Ext-3 that he deposited the amount to the bank, so he is entitled relief for direction to the bank to credit the aforesaid amount of Rs. 4,30,000.00 to his bank account No.2247585690. As the banks employee alleged misappropriated the said deposited amount and the complainant is able to establish the fact of deposit, so the banks is liable for disservice as well as unfair trade practice.
- So the O.Ps are jointly and severally liable to credit Rs. 4,30,000.00 to the bank account of the complainant and also liable to pay interest at the prevailing rate with effect from the date of each deposit. The O.Ps are also liable to pay compensation of Rs.50,000.00 for disservice/unfair trade practice which includes the compensation for mental agony and cost of the proceeding. The awarded amount to be credited to the bank account of the complainant within 45 days from today. If fail, interest at the rate of 10% per annum on awarded amount to be charged from the date of defaulter.
- With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 12th day of January,2018.
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