Hon'ble Mr. Subhas Chandra Guin, Member.
The fact of the instant case in brief is that Complainant, Mr. Ramjan Ali, a resident of 34 No. Khas Bos, P.O. Boxiganj, Dist- Cooch Behar, P.S. Haldibari opened a S/B Account having No. 3289180730 with Central Bank of India, Haldibari Branch. One fine morning he noticed that a sum of Rs. 10,000/- had been withdrawn from his abovesaid Account on 13.03.19 and immediately he informed the matter to the Bank authority and they assured him of the said amount to be credited in his Account. But after some months Bank took no positive steps to credit the amount to his Account. Subsequently Complainant filed a written complaint before the Consumer Affairs and Fair Business Practices to redress his grievance Mediation was held on 05.07.19 in presence of Complainant Mr. Ramjan Ali, Mr. Mayank Gupta, Deputy Manager, Central Bank of India Haldibari Branch and Mr. Pradip Sarkar, Banking correspondent, Central Bank of India. Haldibari Branch Mr. Sarkar of CBI said that the Complainant withdrew the money through biometric process. He also showed the signature of the Complainant in the withdrawal register which Complainant refused by saying that he did not withdraw the amount on 13.03.19 and the signature in the register was not mine. Then Mr. Gupta of CBI said that he would bring CC TV footage of date of incident on next date of mediation. But on 06.08.19, next date of mediation only the Complainant, Mr. Ramjan Ali turned up. No one from CBI, Haldibari Branch turned up for mediation on the same date.
He also lodged a G.D. with the Haldibari P.S. informing the loss of pass book on 08.08.19. The Complainant sent an application informing the matter to the Bank on 17.08.19 but Bank authority did not take any steps to redress his grievance. Finding no other alternative he filed this instant case before the DCDRC, Cooch Behar for Redressal of his dispute.
POINTS FOR CONSIDERATION
- Is the Complainant a consumer under CP Act?
- Has the Commission jurisdiction to try the instant case?
- Is the Complainant entitled to get relief?
DECISION WITH REASONS
All Three points are taken up together for discussion. Complainant, Mr. Ramjan Ali is an Account holder of the Central Bank of India, Haldibari Branch, in the district of Cooch Behar. All of a sudden he noticed that a sum of Rs. 10,000/- had been withdrawn from his said Account which he did not himself withdraw. He informed the matter to Bank authority and filed a petition to the Consumer Affairs and Fair Business Practices for mediation but no fruitful result yielded at the mediation. Ultimately he filed this instant case for Redressal of his dispute. He claimed Rs. 10,000/- to be credited in his S/B Account, Rs. 20,000/- for mental pain agony and deficiency in service and Rs. 10,000/- for litigation cost in his complaint petition. Thus total amount claimed Rs. 40,000/- is within the pecuniary limit of this Commission.
Complainant went for mediation in which both parties were present alongwith official of Consumer Affairs and Fair Business Practices and Bank officials promised to show CC TV footage on another day as signature on withdrawal register was denied by the Complainant. But no official from the Bank was present on other day of mediation though date was fixed with consent from all present in the first day. From the track report it was found that the notice was delivered to the OP but they did not appear before the Commission.
OP could have submitted the CC TV footage as they promised to produce the same in the mediation in support of their claim. But neither they produced the CC TV footage in the mediation nor they appeared before the Commission to contest the case.
So, the Complainant is entitled to get relief.
Hence,
it is ordered,
That the instant case be and it is heard ex-parte.
The OP is directed to pay the Complainant Rs.10,000/- which was debited from his account, Rs.2,000/- for mental pain, agony and deficiency in service and Rs.2,000/- for litigation cost. The O.P is further directed to pay the Complainant total amount of Rs.14,000/- within 45days from the date of this order failing which total amount will carry interest @ 8% per annum till realization.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
