West Bengal

Bankura

CC/54/2018

Shuvam Lai - Complainant(s)

Versus

The Branch Manager IDBI BANK - Opp.Party(s)

Self

14 Jul 2022

ORDER

     IN   THE   DISTRICT   CONSUMER     DISPUTES     REDRESSAL    COMMISSION,     BANKURA.

C.C. No.54/2018

Date of Filing : 16.08.2018

SUVAM LAI, ARABINDANAGAR, PRATAPBAGAN (NORTH), BANKURA, P.O. & P.S. & DIST. BANKURA   

                                                                                                                                                  …………. Complainant.

V e r s u s

1. The Branch Manager, IDBI Bank, Bankura Branch, Bankura Raghunathpur Rd, Machantala, Beside Masjid, Bankura-722 101

                                                                                                                                    . ……………………. Opposite Party     

2.Prop. Raymond Shop, Bankura Primarc Retail Store Pvt. Ltd., Hotel Debarshi Complex, Lalbazar, Bankua- 722 101

                                                                                                                                  . ……………………. Opposite Party  

Before

Ld. Samiran Dutta    President

Ld. Rina Mukherjee   Member

Ld. Sudhakar Ghosh   Member

For the Complainant: Self

For the O.P. None

FINAL ORDER / JUDGEMENT

Order No.24                                                                             

Dt. 14-07-2022

The Complainant is present in person.

No W.V. is filed by the O.P.s as directed by the Commission.

It appears from the record that the present petition of complaint was filed as long back as on 16-08-2018 and notice was issued upon both O.P.s after Admission Hearing on 28-08-2018 and in response to the notice both O.P.s appeared by filing Hazira on 27-09-2018.Accordingly the case was fixed for filing W.V. on 18-12-2018 and since then the case is being dragged for filing W.V. by the O.P. and during this long period none of the O.P.s filed any Hazira nor they submitted any W.V. in spite of the direction of the Commission.

                                                                                                                                                              Contd…….p/2

 

Page: (2)

The case is being represented by Sri Gurudas Lai, Senior Citizen, on behalf of his son Shuvam Lai. After filing of the complaint in the year-2018 the complainant and his father is awaiting for relief from this Commission but even in the mid of 2022 they are frustrated to get any relief from this Commission. The act and conduct of the O.P.s are highly dissatisfactory as they did not dare to honour the direction of the Commission in filing W.V.  in proper time.

O.P.No.1 is the Branch Manager, IDBI, Bankura and O.P.2 is Proprietor Raymond Shop, Bankura. Both are responsible person and authority and such act and conduct of the O.P.s are unbecoming of their position and particularly O.P. No.1  should face the treatment as such in due process of law. O.P. No.1 should not get any favour of hearing from this Commission showing the ground of COVID 19 and long cease work by the local Bar Association as the spate of COVID 19 has already subsided and the assistance of lawyer is not required in their case as they have not engaged any lawyer in support of their defence.

Considering the above facts and circumstances and the act and conduct of the O.P. No.1 and the status of the complainant the case is taken up for Ex-Parte hearing right now in the interest of proper justice.

The fact of the case is that the complainant is a bona fide customer of IDBI Bank, Bankura having         S.B. A/c No.0713104000176804. On the first occasion on 11-01-2017 the complainant had a transaction with O.P. No.2 for Rs.2,900/- on the basis of Tailoring Invoice No.2259. dt.17-12-2016 and he swiped his IDBI Bank ATM Card but it was unsuccessful but Rs.2,900/- was debited twice on that date and credited  in favour of O.P. No.2 but the same was adjusted by O.P. No.1 on 27-01-2017 as shown in the Pass Book Rs.2,900/- was debited from his account on 06-03-2017 for the same transaction with O.P. No.2 on 11-01-2017. Thereafter same thing happened on 20-06-2018 which was however admitted by the Bank Authority i.e. O.P. No.1 to be a fault on their part and the money was adjusted on 22-06-2018. But the Bank Authority did not adjust Rs.2,900/- for the wrong entry of debit in the Pass Book on 06-03-2017 for Rs.2,900/- in spite of several reminders, letters and mediation through Assistant Director, C.A. & F.B.P., Bankura Region. Ultimately they have rushed to the Consumer Commission for proper relief.

In support of the case complainant has produced IDBI Bank statement, Pass Book and also the statement furnished by O.P. No.2 for the transaction from 06-03-2017 to 13-03-2017.

The Commission has heard the father of the complainant who is authorized representative in this case and perused all the relevant documents minutely and carefully. On scrutiny of all the materials stated above it is clear that the complainant had no transaction with O.P. No.2 for Rs.2,900/- on 06-03-2017 which will be evident from the statement furnished by O.P. No.2 but astonishingly Rs.2,900/- has been debited from the Account of the complainant and credited in favour of O.P. No.2 as appearing from original Pass Book produced by the complainant. It is not a single mistake committed by the Bank Authority but they committed such mistake with ulterior motive behind the notice and knowledge of complainant. How many times the complainant has to pay the price for such blatant mistake

 

                                                                                                                                                               Contd……p/3

 

Page: (3)

 

committed by the Bank Authority without any plausible explanation and this is the moot question haunting the Commission. It is a fit case to take appropriate penal action against the Bank Authority by bringing the matter to the notice of the higher authority. But the Commission is not desirous of taking such harsh action against the Bank Authority within such limited jurisdiction. However, the Commission is fully satisfied with the cause of the complainant and the Bank Authority/ O.P. No.1 should compensate the loss to the complainant forthwith.

Hence it is ordered that the case succeeds Ex-parte against O.P. No.1 & 2 without cost. The O.P.No.1 is directed to refund Rs.2,900/- to the aforesaid account of the complainant forthwith.

Let a copy of this order be handed over to the complainant free of cost and another copy be sent to O.P. No.1 by Speed Post for necessary compliance.