C.C. No.364/2023

Bijayalaxmi Mohanty,

W/o. Late Prasanta Kumar Mohanty,

Vill.- Kania,

P.O./P.S.- Balikuda,

Dist.- Jagatsinghpur.……… Complainant​

The Branch Manager,

I.D.B.I., Jagatsinghpur Branch,

At/P.O./P.S./Dist.- Jagatsinghpur.……. Opposite party

For Complainant………..Mr. C.S. Palei, Advocate

For Opposite Party………..Mr. L.K. Parida, Advocate

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                     JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party to allow the complainant for withdrawal of her deposited money from her S.B. Account and pay compensation Rs.50,000/- towards mental agony and cost of litigation”.

            Brief fact of the case is that complainant is an old widow lady having S.B. Account bearing No.1041104000074324 in I.D.B.I., Jagatsinghpur Branch. A sum of Rs.13,39,551.32 is the balance amount in said account. The complainant suffered from various old age diseases. During her treatment she needs money for which she went to the bank for withdrawal of her money but without any justified reason the opposite party bank reject her withdrawal slip. After that complainant sent a pleader’s notice to the opposite party bank on 23.11.2023 but the opposite party remain silent. Hence this complaint. 

            The opposite party filed written version stating as under;

            The complainant is an old lady having no legal heir and do not respond and she is illiterate and given her LTI. After the death of her husband Prasanta Mohanty, a S/B account was opened vide A/c No.1041104000074324 in her name in which account the sum of Rs.13,39,551.32 as on 20.11.2023 is outstanding. It is the policy of the bank only Rs.10,000/- can be withdrawn by withdrawal slip in a day. By way of cheque the sum of Rs.20,000/- can be withdrawn in a day. She has nominee in the said account. The complainant has not visited to the bank for transaction of the account. One day two persons, one being LIC agent and another being her relative came to the bank, the LIC agent and his friend told the B.M. that complainant wants to withdraw a sum of Rs.13,00,000/-. Rather they demanded a DD be issued in favour of complainant but Branch Manager refused. On the demand of two persons B.M. refused to provide any LIC Bond in the name of complainant and no information be given. Branch Manager told if nominee will come and request for withdrawal then it can be drawn.

            From this it is known that complainant is an old widow lady and illiterate also, so the opposite party bank should have dealt with in a compassionate manner. Refusal to issue cheque book amounts to deficiency in service and unfair trade practice.

            We therefore direct that if the complainant apply for cheque book before the opposite party bank, the opposite party shall issue cheque book to her within 30 days after her application. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 28^th March,2024.