DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 12_ OF ___2015
DATE OF FILING : 9.1.2015 DATE OF PASSING JUDGEMENT: 1.2.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Ruby Pal Chowdhury, Santoshpur Govt. Colony, Block-New, Kolkata -142.
O.P/O.Ps : State Bank of India, Batanagar Branch, (06699), BBT Road, P.O Batanagar, P.S Maheshtala, Kolkata – 140.
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J U D G E M E N T
Sri Ananta Kumar Kapri, President
This provides a glaring example of how temptation becomes the source of destruction to a man.
The facts of the case may be epitomized as follows.
The complainant all on a sudden received a message on 29.7.2012 in her Vodaphone Mobile Set that she won some prizes. On 10.8.2012 one representative of Nokia Company also called her, as stated by her in her complaint , and asked her to deposit a sum of Rs.18,950/- in SBI Account no.32374636442 on 11.8.2012. Accordingly she i.e the complainant deposited the above sum in the O.P Bank on 11.8.2012.Thereafter she waited and waited, but the prizes remained a far cry. On enquiry she came to learn that the account in which she deposited the money lies in the Mumbai Branch of SBI. She also came to further learn on enquiry that the said account is a benami account and that is not updated by KYC information. Hence, this case.
The Batanagar Branch of SBI is contesting the case by filing written statement, wherein it has mainly contended inter alia that this Forum has no jurisdiction to entertain this case and that the O.P Bank is not liable for any deficiency in service as alleged. According to it, it is the complainant who is liable for her own negligence and that the instant case should be dismissed in limini.
Upon the averments of both the parties, following points are formulated for consideration.
POINTS FOR DETERMINATION
- Is any consumer dispute involved in this case?
- Is the complainant entitled to get any relief as prayed for?
Evidence of the Parties:
Both the parties have filed their affidavit in chief and the same are kept in the record. They have also filed brief notes of arguments which are also kept in the record.
DECISION WITH REASONS
In the instant case, it is found that the complainant was attempted by a message from an unknown caller which provided that she would get some prizes ,provided a sum of Rs.18,950/- was deposited in any branch of State Bank of India in the account no.32374636442. Accordingly complainant deposited the same ; but she did not get any prize. On enquiry it has been learnt by her that the account number provided to her for depositing the money lies in Mumbai Branch of State Bank of India. From this facts and circumstances it is clearly discernible that the complainant had been cheated by someone. The O.P Bank did not provide any services to the complainant ; it only took the deposit from the complainant and as per direction of the complainant transferred the money to the account in which she wanted to deposit it. The facts of the case clearly establishes that the complainant has been cheated by an unscrupulous person. This Forum has no jurisdiction to deal with the case of fraud or cheating ; it is not a consumer dispute and , as such, the case appears to be not maintainable before this Forum . In the result, the case fails.
Hence,
ORDERED
That the complaint case be and the same is dismissed on contest against the Bank , but without any cost.
Let a free copy of this order be given to the parties concerned at once.
President
We / I agree.
Member Member
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is dismissed on contest against the Bank , but without any cost.
Let a free copy of this order be given to the parties concerned at once.
Member Member President
