Complaint No: 345 of 2019.
Date of Institution: 27.11.2019.
Date of order: 05.12.2023.
Kishan Lal Son of Munshi Ram Village Fajjpur, Tehsil and District Gurdaspur.
.....Complainant.
VERSUS
1. Shanjothung Y Mhumtsoe S/o Yan Polumo Humtsoe R/o village Lakhuti P.O. Wokha District Wokha State Nagaland.
2. HDFC Bank near New Bus Stand Dhariwal, through its Branch Manager.
3. State Bank of India Wokha Bazar Ward No. 1 NST Colony P.O. Wokha, District Wokha, Nagaland, through its Branch Code – 15553.
.....Opposite Parties.
Complaint u/s 12 of the Consumer Protection Act.
Present: For the Complainant: Ms.Sakshi Sharma, Advocate.
Opposite parties: Exparte.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Kishan Lal, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Shanjothung Y Mhumtsoe Etc. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that the complainant is serving in Punjab Police as Head Constable and has a bright future in the department. It is pleaded that on 15.04.2019 at around 1:45 P.M. the complainant had gone to the bank of the opposite party No. 2 to transfer money of Rs.45,000/- in the account of his Brother in- Law i.e. Yash Pal S/o Om Nath R/o Amritsar having A/c No. 65085155656 IFSC Code - SBIN0051135. The complainant who is suffering from Myopia forget his spectacles home and got the form filled up for transfer of money of Rs.45,000/- from the bank customer to transfer money through NEFT to his relative Yash Pal. It is alleged that to the utter surprise of the complainant the form was wrongly filled by the customer of bank who wrote the wrong A/c No. 33079096912, SBI Branch Code 1555 in the name of Mr. Shanjothung Mhumtsoe S/o Yan Polumo R/o Wokha Bazar Ward No.1 NST Colony P.O. Wokha, District Wokha which the complainant immediately brought to the notice of the opposite parties through written complaint and E-mails. It is pleaded that money of Rs.45,000/- has been wrongly credited in the account of opposite party No. 1. It is further alleged that not only this, the opposite party No. 2 wrongly enchased the cheque dated 15.04.2019 without verifying in the account of the opposite party No. 1 which have caused irreparable loss to the complainant. It is further alleged that the opposite party No. 2 contacted the opposite party No. 3 receiver's bank to contact the wrongly credited beneficiary i.e. opposite party No. 1 through E-mails and also on telephone, who assured for reversal of credited amount of Rs.45,000/- within 31 days but all in vain. It is further alleged that the opposite party No. 1 refused to return the money of complainant wrongly credited in his Account No. 33079096912 and has withdrawn it illegally despite of stopper by the beneficiary bank i.e. the opposite party No. 3. It is pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is pleaded that there is a clear cut deficiency in service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to refund / debit the amount of Rs.45,000/- wrongly credited in the account of the opposite party No. 1 by the opposite parties No.2 and 3 on dated 15.04.2019 and Rs.1,00,000/- be paid as compensation for causing mental agony harassment to the complainant alongwith interest @ 12% per annum from the date of wrongly credited till the realization of the amount or any other order as deems fit may also be passed, in the interest of justice.
3. Opposite parties did not appear despite the service of notice and was proceeded against exparte vide order date 04.02.2020.
4. Learned counsel for the complainant has tendered into evidence affidavit of Kishan Lal, (Complainant) as Ex.C-1 alongwith other documents as Ex.C-2 to Ex.C-5.
5. Written arguments not filed by the complainant.
6. Counsel for the complainant has argued that on 15.04.2019 complainant had approached opposite party No.2 Bank for transferring amount of Rs.45,000/- in the account of his relative and since on account of myopia forget his spectacles at home and took help of another customer of the bank to fill the form. However, inadvertently account number 33079096912 branch Code 1555 was filled instead of correct account number 65085155656 IFC Code SBIN0051135 was mentioned and amount was wrongly transferred in the account of opposite party No.1 who is having account with opposite party No.3. Opposite party No.1 had illegally withdrawn the said amount from the account. Complainant had requested the opposite parties to refund the amount and failure to refund the amount amounts to deficiency in service.
7. Opposite parties remained exparte.
8. We have heard the Ld. counsel for the complainant and gone through the record.
9. Perusal of form Ex.C2 got filled by the complainant shows that account number and IFC Code were got filled by the complainant. However, even the name of Shanjothung Y Mhumtsoe has been mentioned. The account details and name are totally different than this mentioned by the complainant which clearly shows that the person who filled the form took advantage of weak eye sight of the complainant and filled details of someone else illegally and got the amount transferred in the account of opposite party No.1 and it was a clear cut case of fraud on the part of opposite party No.1 and the unknown person who filled the form. There was no lapse on the part of the bank authorities as the bank authorities had complied with whatever was mentioned in the form. Moreover, perusal of Ex.C2 shows that the disputed transaction took placed on 15.04.2019 and the complaint with the S.S.P. Gurdaspur has been lodged by the complainant on 21.08.2019 after six days and there was no document on record as to when the complainant approached the bank authorities and as such we are of view that since it is a case of fraud having been committed by opposite party No.1 and the unknown person who filled the form.
10. Accordingly, present complaint is disposed off with the directions to the complainant to approach the appropriate Court of Law for redressal of his grievances.
11. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
12. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Dec. 05, 2023 Member.
*YP*
