West Bengal

Bankura

CC/55/2013

Sk. Abdus Sabur - Complainant(s)

Versus

The Branch Manager and Two Others - Opp.Party(s)

Banamali Chowdhury

22 Nov 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 55/2013

       Date of Filing: 19/07/2013

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                            

 

For the Complainant:  Ld. Advocate Subrata Chakrabokrty

For the O.P.1,3: Ld. Advocate  Gurudas Pal / Ld. Advocate Asim Kumar Mandal

 

Complainant 

Sk. Abdus Sabur, Proprietor of Kalyani Seed Farm, at + P.O.Rasulpur, Dist. Bankura

Opposite Party

1.The Branch Manager, State Bank of India, Rasulpur, Bankura

2.The Regional Manager, R-III, SBI, Burdwan,Dist. Burdwan

3.The Chief Manager, SBI, Bankura Branch, Dist. Bankura

FINAL ORDER / JUDGEMENT  

Order No.75

Dated:22-11-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he being the Proprietor of Kalyani Seed Farm has a Current account No. being 30957056441 with O.P.1/Bank with cheque facility. But in course of operation of such account the Complainant detected that two withdrawals being Rs.6 Lakh, dated: 09/05/2012 and Rs.11,11,007/- on the same date i.e. 09/05/2012 are shown in his said account and immediately thereafter he enquired of the same from his Banker but could not get any satisfactory reply. Both the withdrawals had been made not by any cheque but by issuing Debit Voucher at the instance of O.P.3/Bank behind the back and knowledge of the Complainant. The Complainant has therefore approached this Commission for refund of Rs.17,11,007/- with Compensation of Rs.2,50,000/-

O.P.1 & 3 jointly filed a written version denying all the material allegations made in the complaint contending inter alia that the Bank authority has no role and involvement in the disputed transaction which is under investigation and pending trial in connection with Patrasayer P.S. Case No.45/13, dt.14/06/2013 under Section 420/465/468/477 A I.P.C.

O.P.2 adopted the written version of O.P.1 & 3. The interrogatives by the Complainant and the reply interrogatives by the O.P. Bank are on record without submission of any affidavit in chief.

                                                                                                                                                                      Contd……p/2

                                                                                                            Page: 2

.                                                                                     -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that admittedly the aforesaid amount of Rs.17,11,007/- stands withdrawn from the aforesaid Current A/c. of the Complainant by way of Debit voucher issued by O.P.3/Bank and during investigation of the aforesaid Police Case it has been found that the said amount has been credited to A/C. No.32321056565 standing in the name of one Tarani Garai. On perusal of the Certified copy of the Judgement dated: 28/02/2019 passed by the Special Court, Bankura in Special Case No.01/2017 arising out of the said Patrasayer P.S. Case it transpires that said Tarani Garai as P.W. 15 has deposed before the court that he came to know from Police that Rs. 17 Lakh was sanctioned in his favour as loan and according to Bank record he had withdrawn the amount but he never prayed for any loan from Bank or he had never withdrawn any such amount. 

Be it mentioned here that in the said criminal case one Abani Bhusan Soren being the Bank employee of O.P.3 Bank was sent up as an accused person in connection with aforesaid transaction but he was acquitted by the aforesaid judgement on the ground of benefit of doubt. In course of trial of that case specimen signature of the Complainant Sk. Abdus Sabur, marked as S-I along with disputed signature of said Sk. Abdus Sabur in two Debit vouchers, dated: 09/05/2012 marked as Q-I & Q-II whereby the fraudulent transactions of Rs. 17,11,007/- took place, were sent for examination by the handwriting expert and The Questioned Document Examination Bureau, Govt. of West Bengal CID Department by report No. being 813/2015, dt.04/02/2016 which is on record filed by the Complainant has opined that the questioned signatures marked as Q-I and Q-II are not executed by the writer of the specimen signature marked as S-I i.e. of the Complainant and relying on such hand writing report the judgement was passed giving benefit of doubt in favour of the chargesheeted accused  said Abani Bhusan Soren. The evidence of PW 15 Tarani Garai and the report of the handwriting expert as referred to above clearly shows that the transaction is fraudulent created by forging the signature of the Complainant in the Debit vouchers without safeguarding the interest of the customer.

It is strange to note that the O.P./Bank Authority has defended such fraudulent transactions in Para-7 of their joint written version. The report of the handwriting expert by the competent authority is already on record justifying the fact that the Complainant never put his signature in the disputed two Debit vouchers and he never entered into such transactions with any third party and as such this Commission has no compulsion and urgency to go into the merit of such disputed transactions further as the matter has been enquired and tried by the competent criminal court of law.

It is however made clear that the acquittal of said Abani Bhusan Soren does not validate the aforesaid fraudulent transactions and the real culprit is yet to be brought to book but the fact remains and stands proved beyond all reasonable doubts that the Complainant had no role and involvement in the issuance of two disputed Debit vouchers at the instance of O.P.3 Bank whereby he lost his deposit of Rs. 17,11,007/- for fraudulent act and foul play committed by someone behind the screen.

                                                                                                                                                               Contd……p/3

Page: 3

It is now the entire liability and responsibility of O.P./Bank Authority to compensate the loss of the Complainant to the tune of Rs. 17,11,007/- with adequate compensation for withholding such amount during this prolong period. The O.P./Bank Authority has to pay price for the wrongful deed alleged to have been committed by its employee on the doctrine of vicarious liability.

Before parting with the order the Commission likes to place on record that the O.P./Bank Authority being an esteem Banking Institution has tried all along to establish the transactions in question as genuine one with intent to save the real offender and thereby to defraud the real Account holder like the Complainant. The Complainant has lost huge time and energy to get the desired relief during this long period and the Bank Authority has to bear such loss and compensation to restore faith and reputation upon the general customers.

Accordingly the case succeeds on merit.

Hence it is ordered……..

That the case be and the same is allowed on contest but without cost. The O.P./Bank Authority is directed to pay to the Complainant Rs. 17,11,007/- at the rate of interest of 9% per annum since 09/05/2012 till realization with compensation of Rs.2,50,000/- within 45 days from this date in default the law will take its own course.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER

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