West Bengal

Paschim Midnapore

CC/140/2017

Sri Sujit Kumar Shit - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

Somasish Panda

29 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

    Bibekananda Pramanik, President,

    Pulak Kumar Singha, Member

and

Sagarika Sarkar, Member

Complaint Case No.140/2017

Sri Sujit Kumar Shit, S/o-Atal Behari Shit,

Vill.Jailpukur parh, P.O.Kuikota, P.S.-Kotwali,

Dist- Paschim Medinipur.

                                                               ………..……Complainant.

Vs.

                                                      State Bank of India,Represented by its Manager,

                                         Midnapore Branch,At-L.I.C.Morh,P.O.Midnapore,P.S.Kotwali,

                                                                        Dist- Paschim Medinipur.

                                                                                                         .....……….….Opp. Party.                                                    

              For the Complainant: Mr. Somashis Panda , Advocate.

              For the O.P.               : Mr. Sudip Kr.Chakraborty, Advocate.

                                                          

                                                                                         Date of filling:- 29/08/2017

   Decided on    : -29/06/2018

                               

ORDER

                          Pulak Kumar Singha, Member - Complainant files this case u/s 12 of C.P. Act.

       In brief the case of the complainant is that he is owner of Truck bearing no.WB-33C/5628, which was playing on road through national permit. For obtaining national permit from R.T.A., Paschim Midnapore, complainant through his representative deposited Rs.16,500/- through challan vide bank journal no.044416879  dated 11/04/2017 in respect of vehicle no.WB-33C/5628 and O.P. issued receipt through transaction I.D. no.170400303590204. Subsequently while complainant went to the  said R.T.A. for collection of renewal of permit but R.T.A. office disclosed no amount has been credited to

the account of R.T.A., Paschim Medinipur. Then complainant showing the bank challan

                                                                                                                                                         Contd……..P/2.

 

                                                                                              (2)

 

asked the O.P. why the deposited money was not credited in favour of R.T.A., Paschim Medinipur but O.P. did not pay heed. Subsequently complainant sent legal notice with the request to return back the deposited amount Rs.16,500/- but O.P. did not reply, for which complainant has been suffering mental pain and monitory loss. Complainant appeared before this Forum for getting relief as per prayer of his complaint.

O.P. contested the case denying the allegation stating interalia, that one Tapan Kumar Ghosh deposited Rs.16,500/- on 11/04/2017 through R.T.A. challan for payment of consolidated fee for National Permit and willfully and fraudulently deposited 4 copies of challan out of that 3 copies for vehicle bearing no.WB-33A/2249 and one copy of challan deposited for vehicle no.WB-33-C/5628 in the same amount having transaction I.D. no.1704003032590204. One bank  official after enquiry informed that no such deposit challan against vehicle no.WB-33C/5628 was submitted in the office of R.T.A., Paschim Medinipur. On 11/04/2017. O.P.-Bank never accepted any amount through R.T.A. Challan against vehicle no.WB-33C/5628. O.P. has no deficiency of service. O.P. prays for rejection of complaint.     

                                                                                

                                                                                                                                                              

                                                   Decision with reasons

                        We have travelled over the complaint, written objection, evidence and documents and considered the arguments by the parties. It is admitted fact that complainants’ representative deposited Rs.16,500/- through R.T.A. challan for credited the said amount in favour of R.T.A., Paschim Medinipur   for renewal of national permit. Complainant submits that his representative deposited Rs.33,000/- through R.T.A. challan for obtaining national permit  from R.T.A. in respect of two vehicles one bearing no. WB-33A/2249 and  WB-33C/5628. But O.P. submits that O.P. received Rs.16,500/-through R.T.A. challan in respect of  vehicle no.WB-33A/2249 and no deposit of such amount was recorded in O.P.-Bank register.

                      Complainant to prove his case adduced evidence by filing written examination-in-chief  and tendered himself as witness of P.W.-I in evidence and submitted some documents and he was cross examined by O.P.  Complainant also adduced another witness in evidence O.P. also adduced evidence by filing examination-in-chief of one Jayanta Khanra and tendered him as OPW-I who was cross-examined by complainant. Complainant’s case that he was deposited Rs.16,500/- to the O.P.-Bank through one clerk,named Tapan Ghosh(P.W.2).  P.W.2 Tapan Ghosh  stated in his evidence that on 11.4.2017 he went to O.P.-Bank and deposited Rs.33,000/- through R.T.A. challans for

                                                                                                                                                              Contd……P/3.

 

                                                                                             (3)

obtaining National Permit of two vehicles bearing Nos.WB-33C/5628 and WB-33A/2249 and O.P.Bank after receiving such amount returned four copies of challans out of six copies with Bank seal and signature in respect of said two vehicles. But O.P. admitted that O.P.-Bank received only Rs.16,500/- through challan against vehicle No.WB-33A/2249 and denied further deposited Rs.16,500/- in respect of vehicle No.WB-33C/5628.

                     From the evidence of complainant, we find that complainant while visited  R.T.A, office with two copies of money deposit challan and submitted one copy to the R.T.A. office, then said official returned back the copy of challan as no such amount of Rs.16,500/- was deposited in respect of vehicle No.WB-33C/5628, then complainant asked  the O.P. why said challan amount has not been deposited in favour of R.T.A., at that time one staff of O.P. took away said copy of challan for verification but he did not give me any receipt in that respect. P.W.1, complainant stated in cross examination of O.P. that P.W.2 Tapan Ghosh on that very day also deposited permit renewal fees of other person and he deposited renewal fees of permit of two vehicles. P.W.2 in cross examination of O.P. stated that he deposited six copies of challans in the same counter of O.P.-Bank and after receiving such challans O.P. returned four copies of challans. I submitted two copies of such challans to R.T.A.office and other two copies were handed over the respective vehicle owners.

                OPW-I, Senior Assistance of O.P.Bank in his cross examination by complainant, stated that all works in our Bank are done under C.C.T.V. coverage, he stated that our Bank seal is not available in the open market. This witness admitted that O.P. did not inform in writing to the complainant that this challan (exibit- 1) was not obtained from O.P.-Bank and the same is not genuine and in that respect O.P.did not lodge any police case regarding this challan. OPW-1 further stated in cross examination that after receiving the deposited money, we give receiving seal on the challan. OPW-2, counter clerk of O.P.-Bank in his cross examination stated that when a customer deposits any amount in our Bank then we give receiving seal on the said counter challan.

                 It appears from (exibit-I) that Rs.16,500/- was deposited through challan in O.P.-Bank on 11.4.2017 bearing transaction ID No.1704003032590204 against vehicle No.WB-33C/5628 which bears O.P.-Bank received seal and signature  with date. In (exibit-B) appears that Rs.16,500/- was deposited through challan on 11.4.17 bearing ID No.1704003032582703 against vehicle No.WB-33A/2249 which bears O.P.-Bank received seal and signature with date. We carefully perused the documents including amount deposited challans, evidences and other documents, we find that complainant’s representative Tapan Ghosh(P.W.2) was deposited Rs.33000/- for renewal and permit fees

                                                   Contd…….P/4.

 

                                                                                           (4)

through challans in respect of vehicle No.WB-33C/5628 and vehicle No.WB-33A/2249 of

Rs.16,500/- each and deposited six challans, out of six challans O.P. after receiving the total amount returned back four challans in respect of deposit of two vehicles and two challans for each vehicle with receiving seal, signature and date.

                    It is admitted that in any Govt.deposit through challan deposited to any Bank, three challans are required and at the time of deposit any amount with three copies of challan. Bank after receiving the amount, give seal and signature with date upon the challans, one copy shall kept in their custody and other two copies will return back to the depositor and said process was done in the instance case as it is proved by evidence. O.P. submits that due to mistake of concern clerk, O.P. handed over three challans out of four challan where O.P. received only Rs.16,500/- for issuing permit fee against vehicle No.WB-33C/2249. From the records we find that while complainant came to learn that no amount was deposited in favour of R.T.A., Paschim Medinipur, though received challan was in his hand, then he lodged complaint before O.P. and sent legal notice but O.P. did make any quarry in this matter rather O.P. shut their mouth. If the depositor claimed double amount deposit in the same transaction by way of fraudulently obtained receiving challans, then being an Govt. financial institution should have take criminal action against that person but in the instance case O.P. did not take any legal action. From receiving challans  i.e. exibit-I to exibit-B it reveals that there are receiving seal, signature with date, which proves that complainant’s representative deposited Rs.33,000/- (Rs.16,500/- each) with six copies of challans. O.P’s story in respect of non-deposit of Rs.16,500/- with three copies of challans on the date of incident against vehicle No.WB-33A/2249 is not at all believable. On the other hand complainant proved his case.

                 In view of the discussions  hereinabove we think that O.P. is negligent and deficient in service for which complainant is suffering mental pain, harassment and financial loss as such complainant is  entitled to get an order with compensation etc.

                 Complaint case succeeds.

              

                                 Hence,  it is,

                                                      ORDERED.

                                                         that the complaint case be and the same is allowed on contest against the O.P. with cost.

                   O.P. is directed to pay Rs.16,500/- with 9% interest from 11.4.2017, to pay Rs.5,000/- compensation for mental pain and harassment and to pay Rs.2,000/- as litigation cost to the complainant within one month from the date of order.

                                                                                                                                                                  Contd…….P/5.

                

                                                                                            (5)

         Failure to comply the order O.P. shall be liable to pay Rs.2,000/- per month as penal cost to be paid to the Legal Aid Fund of this Forum till realization.

                  Let plain copy of this order be given to the parties free of cost.

                

                Dictated and Corrected by me

 

                                Member                                         Member                                      President

                                                                                                                                     District Forum

                                                                                                                                  Paschim Medinipur