Judgment : Dt.25.1.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by (1) Prof. Jayanta Mitra, (2) Mrs. Kakoli Mitra, (3) Mrs. Chhabi Mitra against the opposite party State Bank of India, Deshpriya Park Personal Banking Branch represented by the Chief Manager (mentioned as OP hereinafter).

            Case of the Complainant in brief is that the Complainant No.1 being an academician use to stay abroad but his wife and 80 year old mother, reside together in Kolkata and all of them three are joint holder of a savings bank account being No.10066185934 with the opposite party State Bank of India and they used to pay EMI to car loan and other expenses from the said account regularly. It is stated by the Complainants that on 5.8.2017 when the Complainants tried to operate the ATM they came to know that their account was on hold and realizing the situation Complainant No.2 approached to the Bank Manager for taking necessary action but the Branch Manager paid no heed to her. Further, the Complainant (No.1) stated that on 17.8.2017 he filed an application to the Branch Manager to make him aware about the reasons behind keeping the said account on hold and the OP Bank on the same day informed the Complainants that the opposite party were not in a position to clarify the matter. Therefore, finding no other alternative, the Complainants have filed this complaint praying for a direction upon the OP to allow the Complainants to operate the Savings Bank Account, to pay Rs.5,00,000/- towards compensation and Rs.50,000/- towards cost of cost of litigation.

            Notice was served upon the OP  in the way of paper publication, but the OP did not appear, so the case was fixed for ex-parte hearing vide order No.8 dt.19.12.2017.

            A petition was filed on behalf of the Complainant for treating the petition of complaint as affidavit-in-chief. Prayer was allowed. The Complainant annexed letter dt.17.8.2017 issued by the Complainant to the Chief Manager, State Bank of India, Deshapriya Park Personal Branch and another letter dt.17.8.2017, reply to the Complainant by the Branch Manager of the same branch.

Decision with reasons

            On perusal of affidavit-in-chief, it appears that the Complainants have stated that they are joint holders of the Savings Bank Account No.10066185934 which the OP Bank had put on hold. Further, the Complainants have stated that the matter was brought before the authority for redressal but  the OP did not take any step.

            On scrutiny of documents on record, it appears that no documents, like photocopy of said account, etc. have been filed before us to show that the Complainants are joint holder of the said account. Further, no statement of accounts have been brought before us showing that how many transactions have been made or how much amount the Complainants had in their credit in respect of the said account. Photocopy of letter dt.17.8.2017, which is reply to the Complainants’ letter dt.17.8.2017 by the OP Bank, show that the OP Bank requested the Complainant No.1 to take up the matter with the concerned branch. It is not clear whether the Complainants have taken any step regarding the request. Moreover, the Complainants have neither filed any document nor stated in the petition of complaint on which branch of the State Bank of India the said account bearing No.10066185934 exists .

            It is evident that an account was kept on hold by the Bank but that does not necessarily mean that the Bank is deficient in providing service because the OP Bank without wasting time advised the Complainant through its letter dt.17.8.2017 for taking further step.

            In such state of affair, we are of opinion that the Complainants have failed to prove the allegation regarding deficiency in service on the part of the OP.

            In the result, the petition does not succeed.

Hence,

ordered

            That CC/510/2017 is dismissed ex-parte but without any order as to cost.