Sri Shyamal Gupta, Member

Present Appeal is directed against the Order dated 22-03-2016, passed by the Ld. District Forum, Howrah in CC/338/2015, whereof the complaint case has been allowed.

Short case of the Complainant before the Ld. District was that owing to non-transfer of requisite fee into the account of the OP No. 2 by the OP No. 1, he could not avail of the benefit of PPF facility as a result of which, his career prospect suffered severe jolt.  Holding the OP No. 1 for the whole mess, the complaint case was filed.

Per contra case of the OP No. 1 before the Ld. District Forum was that after receiving the tendered fee, the same was credited to the account of the OP No. 2 on 04-06-2015, i.e., on the very same day of deposit of money by the Complainant at the OP No. 1 branch. It blamed the Complainant for not checking the website of the OP No. 2 immediately instead of lodging complaint with this OP by writing a letter on 03-07-2015, i.e., after expiry of one month from the date of deposit of requisite fee.

Decision with reasons

Initially on notice, Ld. Advocate for the Respondent No. 1 appeared through its Ld. Advocate.  However, subsequently, none appeared to represent the Respondent No. 1.  On the other hand, despite proper service of notice, the Respondent No. 2 did not turn up at all to defend its case.  Accordingly, the case was heard ex parte at the time of hearing.

The moot point for determination in this Appeal is whether the compensation amount decided by the Ld. District Forum was in sync with the enormity of the situation.

It is the duty of every Court of Law to award just and fair compensation, taking into consideration relevant factors.  It is crystal clear from the material on record that, thanks to gross negligence on the part of the Respondent No. 1 any probability of the Appellant to get admission in an eminent institution was nipped in the bud. It is really unfortunate that instead of regretting its mistake, the Respondent No. 1 blamed the Appellant for not checking the website of the Respondent No. 2 to find out whether the deposited fee was successfully transferred to the account of the beneficiary or not, as if the Appellant had any such contractual/legal obligation to do so.  Once the requisite fee was deposited to the bank, it was the bounden duty of the bank to credit the proceeds to the account of the beneficiary forthwith.  The bank cannot take its job so lightly. 

Considering all aspects, we deem it fit and proper to enhance the quantum of award suitably as under.

The Appeal, accordingly, succeeds.

Hence,

O R D E R E D

The Appeal stands allowed ex parte against the Respondent no. 1 and dismissed against the Respondent No. 2.  The impugned order is modified to the extent that the Respondent No. 1 shall pay compensation to the tune of Rs. 50,000/- to the Appellant.  Rest of the impugned order shall remain unaltered.