Sri Purna Chandra Mishra, President

Complainant Sonsai Majhi has filed this case u/s 12 of the C.P. Act 1986 alleging deficiency in service and harassment against the OP for not crediting his deposited amount in his account and praying therein for direction to the OP to credit a sum of Rs.30,000/- in his account and pay compensation and cost of RS.55,000/- and Rs.5000/- respectively.

1.           Brief fact leading to the case is that the complainant is an illiterate person who has opened one saving bank account in Bhawanipatna Central Co-operative Bank, Khariar Branch. He deposited a sum of Rs.30,000/- on dated 30.09.2015  in the said bank in his account and the clerk in the counter issued him acknowledgement  slip but refused to update the passbook on the plea of rush. On the same day as the amount was not reflected in his account he asked the accountant to know the reason there of but he advised him to meet the Branch Manager who assured him that it will be reflected in his account. On 17.11.2015 he made an written request to credit the amount in his account but on some pretext he was asked to come after three months. On 03.09.2016 the complainant went to the bank to update his passbook and requested the cashier to read out the balance as he is unable to read and write. He was shocked to know that a sum of Rs.2918/- is the balance in his account. He lodged one written complaint but of  no avail. On 17.08.2017 when the complainant approached the OP he denied to credit the deposited amount in his account for which he has filed this case before this commission for the reliefs as discussed above.

2.           After receipt of notice the OP appeared through his Advocate on 06.11.2017. On 05.04.2019 after a lapse of 1 year and about 5 months one written statement has been filed by the Ld. Counsel for the OP which is written in hand and has not been verified by the OP. Since the written statement has not been verified by the opposite party it is rejected. Besides the written statement has been filed beyond the stipulated period of 45(forty five) days for which it is also not acceptable.

3.           Before going to the merits of the case it is to be ascertained whether the case is barred by limitation? In the instant case the cause of action first arose on 03.09.2016 when the complainants deposit was not credited, subsequently on 20.11.2015 when he loaded the complaint in writing and on 17.08.2017 when the OP refused to credit the amount. The complainant has deposited the amount in the counter of the bank and not crediting it gives rise to continued cause of action and as such the case is not barred by limitation. 

4.           The only question before us is whether the OP  Bank has caused deficiency in service by not crediting the deposited amount of RS.30,000/- of the complainant deposited on 30.09.2015 in the bank?

The complainant has filed the photocopy of the deposit slip dt.03.09.2015 which goes to show that a sum of Rs.30,000/- has been deposited in the account of Sonsai Majhi in his account No.38390 in Bhawanipatna Central Co-operative Bank Ltd of Khariar Road, Branch. The cashier has put the seal of the bank in token of receipt of cash in the bank counter on the deposit slip and has put his signature in the colum meant for cashier. Since the OP has not disputed the deposit slip in any manner it is deemed to have been admitted by him.

5.           It is clear from the discussions above that the complainant has deposited a sum of Rs.30,000/- in the bank, but the bank has failed to credit the amount to the account of the complainant which amounts to deficiency in service and such act of the OP has caused serve harassment to the complainant.
6.           As a clean case of deficiency in service coupled with harassment is made out against the OP he is liable to compensate the petitioner for the harassment caused to him and hence the order.

      O R D E R

The complaint petition is allowed on contest against the OP . The OP is made liable for causing deficiency in service and harassment to the petitioner. The OP is directed  to credit  forth with on receipt of the order a sum of Rs.30,000/- (Rupees Thirty  thousand) only to the account of the petitioner with interest @    9% per annum to be compounded annually with effect from 30.09.2015 till it is actually credited to his account. The OP is further directed to pay a sum of Rs.30,000/- (Rupees Thirty thousand) only  towards deficiency in service & harassment and a sum of Rs.5,000/- ( Rupees five thousand) only towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt   of the order, failing which interest @ 12% shall be charged on the cost and compensation as awarded.