IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/09/2018.
Date of Filing: Date of Admission: Date of Disposal:
24.01.18 07.02.18 03.04.19
Complainant: JAYANTA KR MUKHERJEE
VILL RAIPUR MADHYAPARA,
P.O.RAIPURP.S. DOMKAL,MURSHIDABAD,
PIN 742303.
-Vs-
Opposite Party: SUB POST MASTER DUMKAL AND SAVINGS BANK CLERK
(P.A.) (DUMKAL POST OFFICE),
PIN 742303,P.S.DUMKAL
Agent/Advocate for the Complainant : In Person.
Agent/Advocate for the Opposite Party : Sri. Siddhartha Sankar Dhar.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
This is a complaint under section 12 of the CP Act, 1986.
One Jayanta Kr. Mukherjee (here in after referred to as the Complainant) filed the case against Sub Post Master, Domkal and Savings Bank Clerk (P.A.) (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant has a Bank account with the OP and he used to draw his salary through his account being No. 9225148074. On 30.01.16 an amount of Rs.10,000/- was shown withdrawn from his savings account in spite of the fact that the Complainant had not withdrawn any amount on 30.01.16. He informed the incident to the OP praying for redressal but of no result. Hence, the Complainant filed the case praying for refund of Rs.10,000/- along with litigation cost of Rs.15,000/- against the OP.
The OP put his appearance and filed written statement on 19.04.18, admitting the fact that the Complainant has an SB account being No. 9225148074. It is the specific case of the OP that hard disk of server machine of Domkal SO was damaged on running of the migration process and the data of the office for the period from 20.01.16 to 09.02.16 was lost. At the time of manual posting an erroneous withdrawal of Rs.10,000/- was posted against the account of the Complainant. After receiving the complaint, the matter was taken up for enquiry and during enquiry, the fact of erroneous posting was established and Rs.10,000/- has already been credited in the account of the Complainant.
The OP prays for dismissal of the complaint.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged?
- Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as he hired services of the OP for consideration.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986 as she hired services of the OP for consideration.
Point No.2
The Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Complainant submits that an amount of Rs.10,000/- was shown withdrawn in the savings account of the Complainant on 31.01.16 in spite of the fact that the Complainant had not withdrawn any amount on 31.01.16.He argues that the OP has admitted that there was mistake in the manual entry in the pass book of the Complainant. He argues that the OP credited the said amount of Rs.10,000/- on 15.03.18 without any interest. It is submitted that the OP has deficiency in service.
In reply, the Ld. Advocate for the OP submits that the mistake of entry in the pass book of the Complainant on 31.01.16 was detected after enquiry and the said amount has been credited in the account of the Complainant. He argues that the OP has no deficiency in service.
Admittedly, the Complainant has a savings bank account with the OP being No. 9225148074 and Rs.10,000/- was shown withdrawn on 31.01.16 and the OP has admitted that the withdrawal dated 31.01.16 noted in the pass book was due to mistake. It appears from the evidence of the Complainant that the OP refunded the amount of Rs. 10,000/- on 15.03.18. It is the submission of the Complainant that no interest has been paid by the OP on Rs.10,000/- during the period from 30.01.16 – 15.03.18.
We have considered the submission of both sides and we also gone through the materials on record. We find that the amount of Rs.10,000/- which was wrongly shown withdrawn on 30.01.16 was refunded to the Complainant on 15.03.18.
The Complainant lodged the complaint with the OP on 18.08.16 as it appears from the Annexure 1 filed by the Complainant but the OP has not taken positive response to settle the claim of the Complainant within a reasonable time.
Hence, we think that the OP has deficiency in service. We think that the Complainant is entitled to get interest @ 7% per annum with effect from 30.01.16-15.03.18 from the OP as compensation for deficiency in service and the Complainant is also entitled to get Rs.1,000/- as litigation cost.
Reasons for delay
The Case was filed on 24.01.18 and admitted on 07.02.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No.CC/09/2018 be and the same is hereby allowed on contest against the OP with cost.
The O.P. is directed to pay simple interest @7% p.a. w.e.f. 30.01.16 to 15.03.18 on Rs.10,000/- to the Complainant as compensation by sixty days from the date of this order, in default the O.P. shall have to pay simple interest @7% p.a. w.e.f. 30.01.16 till realization to the Complainant.
The OP is also directed to pay litigation cost of Rs.1,000/- to the Complainant by sixty days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member President.
