DATE OF FILING : 24. 09.2015.
DATE OF S/R : 09.12.2015.
DATE OF FINAL ORDER : 22.03.2016.
Sri Biplab Samanta,
son of Sri Asoke Kumar Samanta,
village Srikrishnapur, P.O. Kulgachia, P.S. Uluberia,
Howrah 711306. ……………………………………………………… COMPLAINANT.
1. The Branch Manager,
Axis Bank Limited,
Andul Branch, Anandamela, Andul, Mouri,
Howrah 711302.
2. The Secretary,
West Bengal Council of Higher Secondary Education,
Vidyasagar Bhawan, 9/2, Block DJ, Sector II, Salt Lake,
Kolkata 700091. …………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Biplab Samanta, against the o.p., Branch manager, Axis Bank Ltd., Andul Branch and another, praying for a direction upon the o.p. no. 1 to return deposited sum of Rs. 120/- with interest from the date of receiving the amount by the bank and to pay compensation of Rs. 80,000/- for mental agony and harassment.
- The case of the petitioner is that he passed Higher Secondary Examination in the year 2015 from Srikrishnapur Chittaranjan High School and got good marks in all subjects except Physics and Chemistry. He decided to take PPS facility in these two subjects as per West Bengal Council for Higher Secondary Education Rules and Regulations and on 04.6.2015 he deposited Rs. 120/- in the o.p. bank for PPS of above two subjects of 2015 as per the Rules and Regulations of the WBHSB and got the cash challan of the said amount. When the petitioner searched for the result of the PPS in the website of WBCHSE i.e., o.p. no. 2 with the said cash challan of the o.p. no. 1 then he came to know that the PPS was not processed in those two subjects as nothing was deposited at the account of o.p. no. 2. On 03.7.2015 he sent a letter to o.p. no. 1 and asked as to why the amount of PPS was not paid to the account of o.p. no. 2 when he already paid the amount on 04.6.2015 and the bank received the same. The complainant got very much frustrated and his bright future got hampered. Due to mal activities on the part of the o.p. bank he suffered financial loss as well as the same caused prejudice to the future of a student and such act on the part of the bank amounts to deficiency in service as well as unfair trade practice to gain wrongfully from the petitioner.
- The o.p. bank contested the case by filing a written version denying the allegations made against them and submitted that the payment status was updated by the WBCHSE upon receiving the payment from the Axis Bank for which the bank is not responsible. Thus for the erroneous posting in the records and the website of the WBCHSE, o.p. no. 1, cannot be held responsible. The bank further submitted that the issuance of letter dated 03.07.2015 would not help the petitioner since the time of deposit was already over and he had not taken any steps from 04.6.2015 to 30.06.2015. The petitioner having no cause of action and the complaint petition is liable to be dismissed.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.P.?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. In support of his case the petitioner filed affidavit as well as documents proved the fact that he appeared in the Higher Secondary Examination and passed in 2015 and the cash challan dated 02.06.2015 proved the fact that he deposited Rs. 120/- before the Axis Bank for the purpose of application fees for PPS 2015. It is also noticed from the documents that he deposited the fees for the PPS System for two subjects Physics and Chemistry and the result showing that the matter was not processed as payment not received by the WBCHSE. One letter dated 03.07.2015 of the petitioner addressed the o.p. bank alleging that he deposited money in the bank for the PPS but the money was not deposited in the account of the o.p. no. 2 and he asked for the reason before the bank. The bank on the other hand in their written version submitted that the petitioner has not disclosed the date of searching the website and came to know of the non payment status and the petitioner wrote to the bank after the expiry of the date of deposit of money for which the o.p. Axis Bank is not responsible because the payment status is updated by the West Bengal Council of Higher Secondary Education upon receiving the payment from the Axis Bank. In support of the claim of the bank that they deposited the money on the date of receipt of the same from the petitioner, the bank filed no document in support of their written version that they deposited the money in the account of the o.p. no. 2, WBCHSE on the same date of deposit by the petitioner. It is noticed from the cash challan dated 02.6.2015 of WBCHSE account no. 914020016639481, challan no. 1516039710 that a sum of Rs. 120/- was deposited in the bank as application fees for PPR/ PPS2015. Thus, the petitioner has done his duty in depositing the amount for the PPS and the bank failed to produce any document that the amount was deposited in the account of the WBCHSE which did not process the PPS as no payment was received. Had the bank deposited the money in the account of the o.p. no. 2 then the o.p. no. 2 being a statutory authority would not have issued such a result in their website. The o.p. bank failing to produce any document that they deposited the money in the account of o.p. no. 2, it becomes crystal clear that there is deficiency in service on the part of the o.p. no. 1 bank which though received the money did not show the same in the account of o.p. no. 2 resulting the petitioner suffered both physically and mentally for such acts on the pass of bank which amount to clear deficiency in service on their part. Considering the gravity of this petition, this Forum considers that he is entitled to a lesser amount of compensation for the deficiency on the part of Bank.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 338 of 2015 ( HDF 338 of 2015 ) be and the same is allowed on contest with costs of 1,000/- to be paid by the o.p. no. 1 to the petitioner and dismissed ex parte against the O.P. no. 2.
The petitioner is entitled to the relief as prayed for. The O.P. no. 1 bank is directed to refund Rs. 120/- with interest @ 9% p.a. from the date of receipt of the same till payment to the petitioner and also to pay a sum of Rs. 4,000/- as compensation for mental agony and harassment and the payments be made within 30 days from the date of the order failing the petitioner would be at liberty to put the order in execution.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
