DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __36_ _ OF ___2018

DATE OF FILING :_20.3.2018         DATE OF PASSING JUDGEMENT:  20.9.2018

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker   & Jhunu Prasad

COMPLAINANT   :             Kansha Biswas, s/o late Banamali Biswas at Vill. Uttar Rajapur, P.O Shonepur, P.S Kashipur,Dist. South24-Parganas

•  VERSUS  -

O.P/O.Ps                    : The Branch Manager, Canara Bank, Shonepur Hat Branch, VPO- Shonepur, P.S Kashipur, South 24-Parganas,Pin-743502.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

               Improper transfer of money from the account of the complainant by the O.P Bank has galvanized him to file the instant case against the O.P Bank under section 12 of the C.P Act, 1986.

                Facts leading to the filing of the instant case may be epitomized as follows.

               There is a Savings Bank Account being no.1754101003431 of complainant maintained with O.P Bank. The complainant deposited Rs.42,000/- in that account on 3.12.2016. But, to his utter surprise he came to know after having his passbook up-dated  one day that the bank has transferred a sum of Rs.39,724/- improperly from his savings bank account to his loan account which has been closed long ago on payment of one-time-settlement amount i.e Rs.12,500/-. So, alleging deficiency in service on the part of the O.P Bank, the instant case is filed by the complainant, praying for refund of Rs.39,724/- and payment of compensation etc. Hence, arises the instant case.

               Notice of the case was served upon the O.P, vide affidavit of service dated 13.6.2018 filed by the complainant. But, no written version of his statement is filed herein by the O.P and, therefore, the case is heard exparte against him.

                 The petition of complaint is treated as Evidence of the complainant vide petition dated 27.7.2018.

DECISION WITH REASONS

                  It is to be seen now whether there has been any deficiency in service committed by the O.P bank while transferring Rs.39,724/- from Savings Bank Account of the complainant to his loan account.

                  On perusal of the copy of relevant portion of the S.B Account passbook of the complainant, it is found that Rs.39,724/- has been transferred to the loan account of the complainant from his S.B Account. It is stated by the complainant in his evidence that the said amount has been transferred improperly by the Bank from his SB Account to his loan account, for the reason that the loan account has been closed long ago by payment of one-time-settlement amount i.e Rs.12,500/-. A copy of Bank’s letter dated 6.6.2016 is filed herein by the complainant  and it shows that the O.P has no further claim against the complainant in respect of his loan account due to payment of settled amount by the complainant. This letter goes a long way to prove that the loan account of the complainant was closed on payment of one-time-settlement amount by the complainant.

                 In the circumstances, the O.P Bank cannot transfer any amount from the S.B account of the complainant to his loan account, because the existence of the loan account has already been non-est. Transfer of Rs.39,724/- from S.B Account of the complainant by the O.P Bank is nothing but sheer negligence of the Bank and hence it is a glaring example of deficiency in service on the part of the O.P Bank.

               The complainant is entitled to relief as claimed by him and the relief is accordingly given as hereunder.

               In the result, the case succeeds.

               Hence,

ORDERED

             That the complaint case be and the same is decreed exparte against the O.P Bank with a cost of Rs.5000/-.

            The O.P Bank is directed to refund Rs.39,724/- to the complainant by way of credit to his savings bank account with interest @8% p.a from the date of transfer of the amount i.e from 6.12.2016 till full realization thereof.

           The O.P is also directed to pay a sum of Rs.10,000/-  as compensation for harassment and mental agony caused to the complainant due to reckless act of the O.P Bank within a month of this order , failing which the compensation amount and the cost amount will bear interest @8% p.a till full realization thereof.

    Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                   President

I / We agree

                              Member                                            Member

Dictated and corrected by me

                       President