IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: SUNDARGARH-I

CONSUMER COMPLAINT CASE NO. 24/2014

Md. Ashadullah ( 26 Yrs.),

S/O: Md. Kalimuddin,

RO/PO: Rajgangpur, PS: Rajgangpur,

Dist: Sundargarh, Odisha. ...................................................Complainant.

Versus

         1. Secretary,

         Sundargarh District Central Co-Operative Bank Ltd.,

         At/Po/PS/Dist: Sundargarh, Odisha.

         2. Managing Director ,Kukuda, LAMPS (Mini Bank),

         AT/PO: Rajgangpur, PS: Rajgangpur,

         Dist: Sundargarh. Odisha.....................................................Opp.Parties.

Counsel for the parties:-

For the Complainant                  -:  Shri K.C.Naik,Adv. & Associates.

For the Opp .Party No. 1& 2     -:  Self ( M.D.Lamps Kukuda).

            O R D E R                          Dated : 27.03.14

SRI ARUN KUMAR PATEL, PRESIDENT:

        1.       Deficiency in service, against the opposite parties is the grievance of the complainant.

         2.       The case of the complainant is that, he had his Saving Bank Account with the O.P.No.2.  The O.P.No.2, Lamps Kukuda (Mini Bank) provided cheque facility to the complainant in the aforesaid account.  Once the complainant on verification of statement of account as supplied by the Lamps Kukuda found that, an amount of Rs. 39,009/- has been illegally withdrawn from his account. Immediate the complainant reported the matter to the O.Ps. in different time, but they remained silence and hence this case was filed before this forum with a prayer for direction to pay the illegally withdrawn money to the complainant with interest and  compensation.

          3.       Opposite party entered in appearance, filed their written version and contested the case.  This forum earlier on dated 01.08.2011 by the          than president, Sundargarh has passed his final order by directing the O.Ps. to pay Rs.39,009/- as illigal withdrawal money to the complainant already withdrawn from his S.B Account No.121/45.  The O.Ps. being aggrieved with the aforesaid order of this forum preferred appeal before the State Commission at Cuttack.  The honourable commission on dated 11.12.2013 in F.A No. 664 of 2011 finding this case, just and proper has set aside the order of this forum and remand back the case, so that, the appellant would be able to file documents if any to justify the alleged withdrawal of Rs.39,009/- from the account.

                                The order of the honourable commission was received by this forum on dated 17.01.2014 and immediately issued notice to the parties for their appearance and filling documents for hearing the case afresh subject to payment of Rs. 1,000/- to the complainant.

4.       During course of hearing of the case, the Ops. filed documents annexture- 'A' Ledger Book and annexture- 'B' counter part of cheque no. 288244 having sign of the drawee to disprove the case of the complainant. Where the complainant has admitted the facts by filling an affidavit vide annexture-1 to withdraw his case as compromise. As the complainant through his father Md. Kalimuddin has withdrawn the disputed amount with other withdrawal amount from the lamps of Op.No-2.

        In view of the above affidavit of compromise, we dismiss the complaint petition with no cost to eitherparties.

                                       The order is pronounced in the open court today the 27^thMarch, 2014 under the signature and seal of the forum. Copy of order be communicated to the parties as per rule.

                        The  case  is disposed off accordingly.                                                                                

Typed to my dictation                                 A. K. Patel          

and corrected by me.                                     President.

A. K. Patel                                                                    

President.                      I agree                        

                                Member(w)