DISTRICT CONSUMER DISPUTE REDRESSAL FORUM : NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 845/2015
D.No.________________________ Dated: ________________
IN THE MATTER OF:
HUKUM CHAND S/o LATE SH. RUPAL,
R/o NANGAL THAKRAN,
BAWANA, DELHI. … COMPLAINANT
Versus
STATE BANK OF INDIA,
BRANCH: NANGAL THAKRAN,
BAWANA, DELHI.
ALSO AT: REGISTERED/HEAD OFFICE. … OPPOSITE PARTY
CORAM : SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 27.07.2015
Date of decision: 25.07.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 & 14 of the Consumer Protection Act, 1986 thereby alleging that the complainant has a saving account in the OP in Nangal Thakran, Bawana, Delhi vide saving account
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no.10209483985. On 10.04.2014, the complainant visited the OP bank and filled a withdrawal slip for Rs.1,500/-. The complainant is a Senior Citizen and has problem in writing properly due to old age and filled the slip and the amount was written in numbers as well as in words and shown the slip to the dealing clerk stating that the complainant wants to withdraw the amount of Rs.1,500/- and after seeing the slip, the clerk said it is OK and released the amount of Rs.1,500/- to the complainant. The complainant further alleged that when the entry was made in the passbook he was shocked and surprised to see that Rs.10,500/- was shown as withdrawn. The complainant immediately contacted the dealing clerk Mr. Mahender and told about mishappening but the clerk did not take interest and then the complainant visited the manager but also he did not give proper response and said whatever the complainant wants he can submit in writing and despite this there is no response and the complainant was continuously visiting the bank officers but no response and on 10.09.2014, the complainant sent a legal notice through his advocate by registered post but till date no reply and no solution of his grievance. The complainant further alleged that the complainant has tired and hence decided to approach the Court. The complainant several times requested OP to provide the photo copy of the slip or show the slip so that it may be determined that the complainant filled Rs.10,500/- and show the
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video-graphy of that day that the complainant received the amount of Rs.10,500/- but the officials of the OP scolded the poor complainant. The complainant further alleged that OP has grabbed his hard earned money of Rs.9,000/-. Thereafter the dealing clerk and other officials are involved in unfair trade practice and the complainant kept on requesting and complaining to OP personally, through written letters but OP did not take a proper action on the request and complaint and hence OP’s act and omission is clearly unfair trade practice and deficiency in service.
2. On these allegations the complainant has filed the complaint praying for direction to OP to release the entire amount of Rs.9,000/- with interest @ 24% p.a. from the date of debit till the actual realization, compensation of Rs. 50,000/- for causing physical harassment and mental agony etc. and has also prayed for litigation cost of Rs.11,000/-.
3. OP has been contesting the case of the complainant and has filed reply/written statement. In the reply/written statement, OP submitted that the complainant has created a false story to extort money from the bank and further submitted that the amount of Rs.10,500/- has been withdrawn by the complainant and the same has been duly taken by the complainant on the said date and after the said withdrawal the amount has been debited from the account
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of the complainant and there is no deficiency in service on the part of OP and the complaint is liable to be dismissed.
4. The complainant filed rejoinder and denied the submissions of the OP and re-affirmed allegations in the complaint.
5. In order to prove his case the complainant filed his affidavit in evidence and has also filed written arguments. The complainant also placed on record copy of passbook of the bank showing debit of Rs.10,500/- on 02.04.2014 and copy of postal receipt.
6. On the other hand, Ms. Rashi Nijhawan, Senior Branch Manager of OP filed her affidavit in evidence which is as per line of defence taken by the OP in the written statement. The OP has also filed their written arguments. OP also filed verified copy of withdrawal slip dated 02.04.2014 for withdrawal of an amount of Rs.10,500/- by the complainant having his signatures on the front side of the slip as well as on the back side of the slip. OP also placed on record copy of “Teller Statement of Payments/Receipts”.
7. This forum has considered the case of the complainant as well as OP in the light of evidence and documents placed on record by the complainant. The documents and evidence of the parties shows that on 02.04.2014 an amount of Rs.10,500/- was withdrawn by the complainant after filling the withdrawal slip. The complainant has not placed on record copy of legal notice or any complaint or representation made to the OP as alleged in the complaint.
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Moreover, the complainant has not clarified as to when it came to his knowledge that the amount of Rs.10,500/- has been withdrawn on 02.04.2014. The complainant has been filed at a belated stage. Moreover, the ‘Teller Statement’ does not show that an amount of Rs.1,500/- was withdrawn by the complainant from his saving account. All this shows that the complainant has cooked up a story. This Forum is of opinion that the complainant has failed to prove his case by any cogent evidence. The complaint is accordingly dismissed being devoid of merits.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 25th July, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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