West Bengal

Birbhum

CC/104/2022

Pinaki Kumar - Complainant(s)

Versus

State Bank of India, Represented by The Branch Manager, Dubrajpur Branch - Opp.Party(s)

Krishnendu Goswami

18 Aug 2023

ORDER

Smt. Saswati Saha- Member.

            The case has been filed by the complainant Under Section 35 of the Consumer Protection Act, 2019.

            The fact of this case in brief is that, the complainant is a residing of Dubrajpur Station Road P.O. and P.S. Dubrajpur, Dist. Birbhum which is under the jurisdiction of this District Commission.

            That the OP, State Bank of India carries their banking business throughout India including in the District of Birbhum having their Branch Office at Dubrajpur, Birbhum within the territorial jurisdiction of this Commission.

            That the petitioner is a bonafide customer and he has a S/B account being No. 11052094930, under the OP, State Bank of India, Dubrajpur Branch, Dubrajpur, Birbhum.

            That on 12/10/2022 the petitioner updated his SBI pass book and came to now that an amount of Rs. 5,000/- each has been wrongly debited, twice from his account No. 11052094930 and transferred the total amount of Rs. 10,000/- to an account No. 98128020526.

            That the petitioner intimated the same in writing to the Branch Manager, SBI Dubrajpur on 13/10/2022 but the OP did not taken any action in this effect till date.

            That, earlier on 15/01/2021 and on 26/01/2021 an amount of Rs. 5000/- each was wrongly debited from the S/B account of the petitioner. The petitioner intimated the same to the Branch Manager, but the OP did not take any action in this effect. So the petitioner compelled to make a complaint to the Ombudsman and ultimately on 13/07/2021 the OP Bank credited Rs. 10,000/- by transaction No. 202122005004952 to the said account of the petitioner.

            That the complainant, being a businessman is suffering repeatedly with his business due to this type of conduct of the OP Bank.

 

That the whole incident took place due to the negligence on the part of the OP Bank, who did not discharge their duties and liabilities for their customers. Such act on the part of the OP Bank is tantamount to deficiency in service and the petitioner suffered irreparable loss and injury due to such deficiency in service on the part of the OP Bank.

            That the aforesaid act of the OP is illegal and high handed and the petitioner is being harassed by the OP Bank day by day and finding no other alternative the petitioner files the instant case praying following relief/reliefs:

           

1. To pass an order directing the OP to pay a sum of Rs. 10,000/- (Ten thousand only) as along with up to date interest, in favour of the petitioner and against the OP on the amount that has been illegally debited from petitioner’s S/B account No. 98128020526 on 12/10/2022 due to the negligence of OP.
2. To pass an order directing the OP to pay Rs. 50,000/-(Fifty thousand only) to the petitioner as compensation for harassment and mental agony to the petitioner.
3. To pass an order directing the OP to pay a sum of Rs. 30,000/- (Thirty thousand only) as litigation cost to the petitioner.
4. To pass any other relief or reliefs to the petitioner.

That the cause of action for the instant case arose on and from 12/10/2022 and it is continuing day by day.

It appears from the case record that the case has already been run exparte against the OP, SBI, Vide Order No. 08 dated 19/05/2023.

            In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the case maintainable in the eye of Law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 2019?
4. Is there any deficiency of service on the part of the OP?
5. Is the complainant entitled to get the relief as prayed for?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

The complainant stated that he is a resident under the jurisdiction of this Commission.

Having a S/B account the complainant is being a customer of the OP-SBI, Dubrajpur. On 12/10/2022 the total amount of Rs. 10,000/- (Ten thousand only) was wrongly debited from the S/B account of the customer  and transferred to an account, A/C No. 98128020526.

 

 

Thereafter the complainant intimated the same in writing on 13/10/2022 to the Branch manager of the SBI, Dubrajpur. But the OP did not take any action regarding the said matter which caused harassment and mental agony to the complainant.

By the Order No. 08 dated 19/05/2023 the case was already run exparte against the OP.

This Commission do not finding any reason to disbelieve the unchallenged testimony of the complainant.

Hence, it is the view of this Commission that the complainant could be able to prove his case beyond all reasonable doubts in exparte and is entitled to get relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

  that the instant C.C. Case No. 104/2022 be and same is allowed

exparte against the OP, with cost.

            The OP is directed to pay a sum of Rs. 10,000/- (Ten thousand only), that was wrongly deducted from the S/B account of the complainant along with interest @ 9% p.a. calculating on and from 19/10/2022 to till the realization to the complainant.

The OP is also directed to pay a sum of Rs. 3,000/- (Three thousand only) to the complainant as compensation as against mental agony and harassment of the complainant.

The OP is further directed to pay a sum of Rs. 3,000/- (Three thousand only) towards litigation cost to the complainant.

The entire decree will be complied by the OP within 45(Forty five) days from the date of this order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.