DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 31st day of October, 2019
C.D Case No. 35 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Jayram Samal
S/o Late Bhim Charan Samal
Vill/Po: Goamati,
Ps: Bhadrak (R),
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The Branch Manager of Odisha Gramya Bank,
At/Po: Paliabindha,
Ps: Tihidi,
Dist: Bhadrak
2. The Regional Manager, Odisha Gramya Bank, Balasore
At/Po/Ps/Dist; Balasore
…………………………..Opp. Parties
Counsel For Complainant: Sri J. B. Agasti & Others, Adv
Counsel For the OP: Sri P. K. Nayak & Others, Adv
Date of hearing: 03.08.2018
Date of order: 31.10.2019
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps that the complainant is an account holder in OP Bank Paliabindha and the A/c No. of the complainant is 41520500000112 and the said account was opened in OP Bank on dt. 08.01.2010 and the complainant credit card A/c No. is KCC 44/09. After obtaining loan from the Bank, the complainant deposited money in OP Bank as per term and conditions. So for repayment of loan the complainant has deposited money Rs 40,000/- on dt. 15.05.2010 and obtained money receipt from the OP Bank with regard to side deposited money. After depositing the amount the complainant enquired his account but the cashier did not make entry the said amount Rs 40,000/- in the pass book of the complainant. After that the complainant submitted an application in the OP Bank on dt. 30.10.2015 and informed his grievance the OP remain silent and did not take any action against this malpractice. The complainant further made an application before the OP No. 2 (The Regional Manager) regarding the same fact. The complainant has also sent a legal notice to OP No. 1 & 2 on 25.09.2016 but this O.Ps paid no heed to the complainant. After making sincere effort to agitate this matter before the O.Ps the complainant to get back his amount Rs 40,000/- which was not made entry pass book of the complainant. On dt. 15.12.2016 the O.Ps replied that the application had no merit. On 06.01.2016 the O.Ps refused to make entry regarding Rs 40,000/- in the account of the complainant. So this is the serious deficiency of service committed by the O.Ps
The complainant is a poor farmer after repudiation of all his applications and representations he became disheartened and disappointed and he was compelled to take shelter under this Forum. The cause of action arose son 15.12.2016 when the O.Ps refused to refund back such Rs 40,000/- to the account of the complainant. The complainant has sought for the following reliefs.
1. The O.Ps be directed to deposit Rs 40,000/- received money dt. 15.05.2010 to the account of the complainant, which was deposited on dt. 15.05.2010 any suitable order be passed in favour of the complainant.
2. The cost of the proceeding be given to the complainant.
3. The mental agony Rs 20,000/- be given to the complainant.
4. Any other relief which complainant is entitled to be given.
Documents relied upon by the complainant (Photocopy).
1. The Bank pass book in the name of complainant.
2. The application on dt. 30.10.2015 by the complainant.
3. Application which was sent to Regional Manager Odisha Gramya Bank, Balasore on dt. 06.01.2016.
4. Legal notice which was sent to O.Ps on dt. 25.09.2016.
5. Refused by the General Manager Odisha Gramya Bank on dt. 15.12.2016 the deposit the said amount.
The O.Ps have appeared in this Forum through their concerned advocates and filed their written version and file their objections as follows such as. The O.Ps have challenged the cause of action of this proceeding. According to them this proceeding has no cause of action. They have denied the averments made in the complaint with regard to the deposit of Rs 40,000/- on dt. 15.05.2010. The O.Ps remained silent with regard to the deposit of Rs 40,000/- are false. So they did not sent any reply regarding the legal notice. The fact is that the deposit of Rs 40,000/- by complainant has been duly reflected in loan ledged on dt. 19.05.2010, on which date complainant deposited said amount through vouched the complainant did not deposit any money on dt. 15.05.2010.
Hence the O.Ps have prayed for the dismissal of the proceeding. Documents filed by the O.Ps (Xerox copies).
1. Loan ledger- 1 sheet.
2. Deposit voucher dt. 15.05.2010- 1 sheet.
3. Promissory note dt. 08.01.2010- 1 sheet.
4. Statement of accounts- 1 sheet.
5. Investigation report- 1 sheet.
6. A letter from the Manager to the account holder (complainant)- 3 sheets.
7. Legal notice issued from the complainant to the OP- 4 sheets.
8. A representation made by the complainant to the OP No. 1- 2 sheets.
OBSERVATION
We have already perused the complaint and written version filed by the complainant and the O.Ps as well as the documents filed by them. The complainant has filed the pass book which shows the credit and debit of the money deposited in his account. The A/c No. of the complainant is clearly manifested on the face of the pass book which is vide No. 41520500000112. The complainant has filed Xerox copy of the deposit voucher which shows Rs 40,000/- was deposited in favour of the complainant. The O.Ps have admitted that the complainant has deposited Rs 40,000/- which has been duly reflected in loan ledger on dt. 19.05.2010. The said amount was deposited through voucher. The pass book of the complainant is manual one. If the deposit of Rs 40,000/- on 15.05.2010 would have been made it must have been reflected in the pass book. According to the complainant just after depositing the amount Rs 40,000/- when it was not reflected in the pass book it is duty of the complainant to complain this matter before the Branch Manager immediately but he did not do so. The said amount has not been made entry in statement of accounts. The complainant has filed voucher receipt of Rs 40,000/- on dt. 15.05.2010. On the other hand the O.Ps also submitted a voucher receipt on 19.05.2010. Both the vouchers have been filed in the shape of Xerox copy. As the onus lies upon the complainant to prove his case, he should have filed the original voucher receipt but in this case no party has filed the original receipt. After scrutinizing both the receipts we have found that the initials of the receiving cashier are different. The receipt filed by the O.Ps it is found that on the right below of the money receipt filed by the O.Ps the Managers initial is there but in case of the complainants receiving voucher Managers signature is not there. In the complainant would have filed the original voucher receipt of Rs 40,000/- on 15.05.2010 the complicacy of this case could have been solved, but it is matter of regret that the complainant has failed to file the same for the perusal of the learned Forum. The ambiguity arises in the minds of the Forum that whether the bank seal has been affixed on the voucher filed by the complainant. The complainant agitated this matter is much delay of five years and due to the above reason we are not inclined to allow this case. Secondly as revealed from the materials on record it is a fact that the Bank has sanctioned a sum of Rs 48,800/- on dt. 08.01.2010 under K.C.C scheme which were drawn on 08.01.2010 and 18.01.2010 of Rs 26,400/- and Rs 21,600/- respectively. The said loan has been repaid on 19.05.2010 and 22.05.2010 of Rs 40,000/- and Rs 9,337/- respectively to squire up the loan. It is also revealed from the accounts statement that the complainant has also drawn a fresh K.C.C loan of Rs 48,000/- on dt. 24.05.2010. In the above premises it is hard to believe that the complainant has paid to the credit of his K.C.C loan account of Rs 89,337/- as against the loan of Rs 48,800/- availed by him. Hence it is crystal that the case failed by the complainant is based on false ground and therefore liable to be dismissed. Hence it is ordered;
- ORDER
The complaint be and the same is dismissed against O.Ps on contest without cost.
This order is pronounced in the open Forum on this day of 31st October, 2019 under my hand and seal of the Forum.
