Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :05.04.2021
Date of Disposal of the case :31.01.2024
Final Order / Judgment dtd.31.01.2024
The brief fact of the case of the complainant is that the complainant Smt. Bulu Biswas opened a savings bank account with the OP No.1 Sri Jibon Das operator of SBI Kiosk Banking, Mukundapur, Nadia of Kiosk of SBI Bhaluka Branch having account no.33826792345. On 16.08.2016 the complainant
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deposited Rs.1,00,000/- by cash to the said account which is reflected in the pass book. On 16.08.2016 balance showed Rs.1,10,085/- in the said account. The complainant never withdrawn the said sum of money. The pass book showed that the complainant deposited Rs.5,000/- on 31.08.2016 and Rs.2,000/- on that very day but the pass book had been erroneously posted and the balance was shown Rs.17,085/- as on 31.08.2016 instead of RS.1,17,085/-. The said entry was manually done by the staff/operator of the Kiosk Banking OP No.1. However, balance column of the pass book reflects the deposit of RS.1,00,000/- and the balance of Rs. 1,10,085/- as on 16.08.2016. The complainant informed the said irregularity to the OP No.1 several times but they did not pay any heed. Thereafter, the OP No.1 bank merged with OP No.2 State Bank of India Bhaluka Branch . The complainant also informed it to OP No.2 and the Branch Manager of OP No.2 advised her to open a new account with the assurance that the said sum of Rs.1,00,000/- would be credited to her new account. But it was not so credited in the new pass book. The account no. was also changed in the new pass book bearing no.20480796183. It was informed to the OP NO.2 who assured that the said amount would be credited shortly but it was not so done. The complainant also visited to OP NO.3 Regional Manager SBI, Krishnagar but they did not entertain the matter. The complainant , therefore, filed this case. The Cause of the action for the present case arose on 16.08.2016 and on subsequent dates till the filing of this case. The complainant prayed for an award for a sum of Rs.1,00,000/- against the OPs, Rs.50,000/- towards mental pain and suffering and Rs. 10,000/- towards litigation cost and interest of all the area amount. The OPs initially decided the case but subsequently , they preferred not to contest the case and accordingly the case is decided to be heard ex-parte against the OPs.
The complainant in order to substantiate the case adduced both the oral evidence in the form of affidavit in chief and documentary evidence as under:-
No.1. SBI Kiosk, Banking account book having account no. 33826792345.
No.2. SBI Kiosk, Banking account book having account no. 20480796183.
No.3. Copy of Pass Book.
No.4. Copy of Advocate’s letter.
No.5. Voter Card of Bulu Biswas.
No.6 Aadhar Card of Bulu Biswas.
The complainant categorically stated in his pleadings and affidavit in chief that despite deposit of Rs.1,17,085 the OPs wrongly and erroneously posted Rs.17085/- instead of Rs.1,17,085/-. The
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complainant also informed about the said irregularity to the OP NO.1 several times but they did not take any positive steps.
The documents filed by the complainant reveals that the complainant deposited Rs.1,00,000/- on 16.08.2016, Rs.5,000/- on 31.08.2016 and Rs.2,000/- on 31.08.2016. The entry in the said bank document further reveals that as on 16.08.2016 the bank balance of complainant was Rs.1,10,085/- but after deposit of further sum of Rs.7,000/- on 31.08.2016 the balance has been shown as Rs.17,085/- instead of Rs.1,17,085/-.
The OPs did not challenge the said claim of the complainant in as much as the case is heard ex-parte.
The complainant also filed two pass books one relating to account no. 20480796183 and another new pass book account no. 33826792345.
The entire oral and evidence documents of the complainant stands unchallenged and undiscarded in as much as case is heard ex-parte against the OPs.
Thus having assessed the unchallenged and uncontroverted evidence of the complainant and the specific document filed by the complainant the Commission comes to the finding that the complainant successfully proved the case against the OPs upto the hilt.
Accordingly, the complaint case succeeds ex-parte against the OPs with cost.
Hence,
It is
Ordered
that the complaint case no.CC/51/2021 be and the same is allowed ex-parte against the OPs. The complainant Bulu Biswas do get an award for a sum of Rs.1,00,000/- (Rupees One lakh) towards actual deposit made by him, Rs.10,000/- (Rupees ten thousand) towards compensation for mental pain, suffering and damages along with interest @12% p.a and Rs.10,000/- (Rupees ten thousand) towards litigation cost. The OPs are directed to credit Rs.1,00,000/- (Rupees one lakh) with
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interest @12% p.a to the account of the complainant and Rs.20,000/- (Rupees twenty thousand) jointly and severally within 30 days from the date of passing the final order failing which the entire award money shall carry an interest @12 p.a from the date of passing the final order till the date of its realisation.
All Interim Applications (I.A) stand disposed of accordingly.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
