In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 324 / 2010 .
1) Sri Amalendu Chakraborty,
Vaijyanti, Block-B, Flat No.19,
162/B/203, Lake Gardens,
P.S. Lake, Kolkata-45. ---------- Complainant
---Versus---
1) The General Manager,
State Bank of India, Samridhi Bhawan,
1, Strand Road, Kolkata-1.
2) The Branch Manager,
State Bank of India, Lake Gardens Branch,
Kolkata-45, P.S. Lake. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 20 Dated 16/11/2012.
The petition of complaint has been filed by the complainant Sri Amalendu Chakraborty against the o.ps. State Bank of India. The case of the complainant in short is that complainant has a savings bank account being S.B A/C no.10548715773 at the branch of o.p. no.2. Since 1968 he has been operating the said savings bank account. In the month of May 2009 complainant had regularized the said savings bank account and after going through the account and on inspection complainant detected that one person Sub rata has withdrawn the sum of Rs.4500/- on 5.7.08 vide cheque no.262038, Rs.42000/- on 7.3.09 vide cheque no.262049 and Rs.35,000/- on 23.4.09 vide cheque no.262043 from complainant’s savings bank account. After going through the cheque book issued by o.p. no.1 in the name of complainant, it had also detected that the said three cheques along with other three cheques bearing no.262040, 262044 and 262050 have also been missing from the cheque book of complainant. Complainant has stated that he never put his signature on the blank cheques and he used to put his signature at the time of withdrawing money.
Complainant sent a letter dt.8.7.10 through his ld. advocate to o.p. no.2 requesting therein to send a photo copy of fraudulent encashed cheques vide cheque no.262038, 262049 and 262043 to complainant within 15 days from the date of received of the letter failing which appropriate legal steps will b e taken. The said letter was sent through registered post with a/d. In spite of receiving the said letter o.p. has not yet been made any reply of the said letter. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that in the month of May, 2009 complainant regularize his S.B. A/C no.10548715773 in o.p. no.2 bank and found that Rs.81,500/- was withdrawn through cheque no.262038, 262039, 262043 on 5.7.08, 7.03.09 and 23.4.09 for Rs.4500/-, Rs.42,000/- and Rs.35,000/- under his signature by one Subrata. But we find that complainant is the custodian of the cheque book and it is nobody’s case that the signature appearing on the said three cheques under the signature of the complainant. In that even how it is possible that o.ps. are held responsible for such incident and complainant cannot shirk off his responsibility of the safety and security of the cheque book being custodian of the same whilst in particular the signatures of the complainant appearing thereon the three cheque leafs in question.
That being the position we are constrained to hold that we cannot appreciate the case of the complainant in the context of the facts and circumstances disclosed on record and o.ps. cannot be held responsible for such incident and as such, we hold that the complainant is not entitled to relief.
Hence, ordered,
That the instant case stands dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
