Complainant by filing this complaint has submitted that he is a Saving Bank Account holder at the Branch Office of State Bank of India at Khukurdaha, P.S.-Daspur, District- Purba Midnapore having its Head Office at Strand Road, Kolkata and his saving bank account No. 11321162547 and complainant has been serving and working in a shop of Assam and he stayed there.  But complainant’s family resides at Chakgopal, P.O.-Joshsorah, P.S.-Panskura, District- Purba Midnapore.

          It is further submitted that middle of October, 2009 complainant came to his village at Chakgopal from Assam to enjoy Durga Puja Festival and for expenditure of Durga Puja Festival he went to the said branch office of State Bank of India for withdrawing some amounts where it was found that from his account by forging withdrawal form some unknown person had withdrawn of Rs. 1 lakh on 14.05.2009.  But practically on the very date complainant was at Assam and so complainant informed the matter to Bank Authority, but the said Manager or Head Office did not pay any heed.  Thereafter enquired about the matter and learnt from one Bank Staff that one Hemanta Chakraborty withdrew the said amount with the help of Bank Authorities.  Thereafter complainant filed a complaint before the Bank Authority and by the withdrawal slip bank cannot allow anyone to withdraw more than Rs.20,000/-.  But Bank Authority permitted to withdraw to the extent of Rs.1 lakh.  Thereafter complainant lodged a complaint to the Daspur Police Station but Daspur Police Station did not do any positive act and Bank Authority did not take any positive step and also did not refund the same.

          In the above circumstances and which for negligent and deficient manner of service of the Bank Authority complainant files this case praying for refund of the said amount with compensation.

          Against that op no.1 Bank by filing written statement submitted that on 06.11.2009 op Bank received a letter from the complainant for return back of Rs.1 lakh along with interest on the ground complainant alleged that he never signed in such withdrawal slip, never sent anyone, never appeared himself to withdraw the same and police already started case and on 23.11.2009 police seized the specimen signature slip and withdrawal slip dated 14.05.2009 and through letter dated 02.12.2009 from bank it was reported to the complainant.  But admitted fact is that complainant has his Bank A/C in the said Bank Branch and the matter is under police investigation as per Banking Law that cannot be returned at this stage and complainant shall have to prove it strictly and denied all other allegations and prayed for dismissal of the suit.

                                            Decision with reasons

          Relying upon the entire materials on record including complaint and written version, it is undisputed fact that on 14.05.2009 somehow or otherwise Rs.1 lakh was withdrawn from the Bank Account of the complainant from op’s Bank Branch and no doubt from complainant’s A/C No.11321162547 and it is also proved that Rs.1 lakh  was withdrawn on

14.05.2009.   But subsequently complainant filed additional evidence in chief stating that on 20.01.2012 op Bank refunded that amount of Rs. 1 lakh in his account admitting the grievance of the complainant.

          Fact remains that complainant’s Ld. Lawyer admitted that fact and Ld. Lawyer for the op has admitted that the said amount had already been deposited in the account of the complainant on 20.01.2012.

          In the above situation we are convinced to hold that the allegation of the complainant has been properly redressed by the Bank and complainant has admitted that fact for which we are closing this complaint by passing such final order.

          Hence, it is

                                                    ORDERED

          That the complaint be and the same is disposed on full satisfaction on the ground that op Bank has already deposited Rs. 1 lakh in the account of the complainant in his SBI Branch against S.B.  A/C No. 11321162547 on 20.01.2012.  So the case is disposed of accordingly without any further cost.