West Bengal

StateCommission

A/94/2018

The Branch Manager, Bangiya Gramin Vikash Bank - Complainant(s)

Versus

Smt. Chandana Mallick - Opp.Party(s)

Md. Mokaram Hossain

03 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/94/2018
( Date of Filing : 30 Jan 2018 )
(Arisen out of Order Dated 10/11/2017 in Case No. EA/33/2015 of District Paschim Midnapore)
 
1. The Branch Manager, Bangiya Gramin Vikash Bank
Narajole Br., P.S. - Daspur, Dist. - Paschim Medinipur, Pin - 721 211.
2. Bangiya Gramin Vikash Bank
Head Office, B.M.C. House, N.H. Chunapur, Berhampore, P.O. - Chaitia, Dist. - Murshidabad, Pin - 742 101.
...........Appellant(s)
Versus
1. Smt. Chandana Mallick
W/o Sri Gorachand Mondal, Vill. & P.O. - Narajole, P.S. - Daspur, Dist. - Paschim Medinipur, Pin - 721 211.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Appellant:Md. Mokaram Hossain, Advocate
For the Respondent: Mr. Pingal Bhattacharjee.Ms. Soumita Ghosh., Advocate
Dated : 03 Apr 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

By filing this Appeal, the order dated 10-11-2017 of the Ld. District Forum, Paschim Medinipur, passed in EA/33/2015 has been challenged by the Appellant, Bangiya Gramin Vikash Bank.

The case of the Appellants, in short, is that following due modification of the order of the Ld. District Forum by this Commission on 20-09-2016, it was found that both the accounts of the Appellant were non-KYC compliant and transactions were restricted up to a certain sum and payments could not be made to her account except the compensation amount of Rs. 25,000/-.  Therefore, a letter was issued to the Respondent on 13-02-2017 with a direction to submit copies of PAN Card, Aadhar card etc. for compliance of KYC norm to facilitate payment of the decretal sum.  Subsequently, due payment was made to the Respondent.  Accordingly, the Appellants prayed for setting aside the impugned order.

Vide Order dated 20-09-2016, this Commission directed the Appellants to ensure due compliance of the modified order within 25 days.  Evidently, the Appellants faltered in ensuring due compliance of the said order within the stipulated time being set out by this Commission.

It is though contended by the Appellants that owing to restrictions being put in place in respect of the accounts of the Respondent, they could not transfer the decretal sum in time, on due consideration of their conduct, we do not find any substance in it.  Fact remains that the vide order dated 20-09-2016 this Commission accorded 25 days time to the Respondent for due compliance of the modified order; whereas, the Appellants started making payment w.e.f. 02-02-2017.  If they were indeed sincere in their approach, they would certainly not dither to swing into action promptly. Such belated action clearly bring to fore the deficient/negligent conduct of the Appellants.  

In view of this, we find no infirmity with the impugned order.  There being no merit in this Appeal, the same is dismissed as such.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

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