SRI SWADES RANJAN RAY, PRESIDENT,                                                                                                                                                                                                                                                                     

            Briefly stated the case of the complainant is that her husband namely Manik Kumar Samanta died on 27.08.2011. The petitioner had an account with the OP Bank since 26.05.2015 and OP issued Pass Book No. A/C No. 3010000100170728 in favour of the complainant. The petitioner maintained an ATM Card for withdrawal from her account. On 11.09.2017 the balance amount in her account was Rs. 90,908.96/- when she updated her Pass Book. On 01.12.2017 the petitioner went to ATM Counter for withdrawal of Money but she got no money only having transaction slip with remark “unable to process”. On the same day the complainant filled up a withdrawal voucher of the bank and deposited at the counter for withdrawal of money but the staff concerned cancelled as well as rejected said voucher without any cause for such rejection. The petitioner contacted with several staffs of the Bank for withdrawal of money but none paid any heed. Thereafter on 04.12.2017 the petitioner filed a Written Application to settle the matter. OP received the application but refused to affix seal of the Bank or his signature on the copy thereof. OP staff advised the petitioner to meet on the next date that on 05.12.2017. On 05.12.2017 the petitioner had been to the Bank with a request to solve the dispute but the OP officials drove her out with threat to go to Court against the Bank. The complainant issued a one day’s notice upon the bank on 07.12.2017 by registered post which the bank received on 14.12.2017, but of no good. Thereafter on 15.12.2017 and lastly on 27.01.2018 the complainant tried to withdraw money through her ATM but in vein with only the transaction slip “sorry unable to process”.  It is the allegation of the complainant the OP bank deliberately and intentionally with held  the withdrawal of the money by the petitioner from her account, only to harass and cause her financial crisis and damage.

            Under the above critical circumstances the petitioner has filed the instant complaint with a prayer for direction upon the OP Bank for withdrawal of Rs. 90,308.96/-, compensation of Rs. 25000/- for harassment and mental paid and litigation cost of Rs. 5000/-.

            Summons was issued upon the Opposite Party Bank but the OP did not appear nor contested the case.  So, the case is heard ex-parte and taken up for order.

            In order to prove her case the complainant has filed a lot of documents including copy of bank pass book being A/C No 3010000100170728 and details of the transactions up to  11.09.2017 wherefrom it appears that  there is balance of Rs. 90.308.96 Ps. It is the case of the complainant that she  came to the ATM  kiosk of the OP on 01.12.2017 to withdraw some amount but the ATM did not supply the money, on the contrary it remarked  “ Unable to process”. The petitioner on the same day came to the counter of the bank to withdraw money by filing the withdrawal form, but in that case the bank officials rejected her voucher without specifying any cogent reasons. Subsequently on 04.12.2017 the petitioner filed a  petition before the bank for  settling withdrawal of her money but the bank did not consider her application. She also filed copy of the application filed before the bank. Considered.

            It is very much unfortunate to see that the complainant is an aged widow and she has legitimate balance in her A/C  of the  OP, but in spite of that the bank did not encash the money to the complainant. Nor the bank showed any cogent ground for which her claims of withdrawal from her  A/C  had been denied.

            The OP had ample opportunity to counter the case of the complainant which she also reiterated in her examination in -chief on affidavit.

            Under such circumstances, this forum holds that the OP is liable to pay the complainant a sum of Rs. 90.308.96 Ps along interest at usual bank rate and other reliefs as prayed by the complainant.

            In the result the case succeeds ex parte.      

Hence, it is

                                                       Ordered,

That the CC No.  110 of 2018 be and the same is allowed   ex parte against the OP Punjab National Bank, Ratulia Branch.

The OP. is hereby directed to pay the complainant a sum of Rs.90,308,96 Ps along with usual bank interest together with compensation of Rs. 5000/- for her mental agony and harassment and also Rs. 2000/- as litigation cost within one month from the date of this order, I,d the complainant will be at liberty to execute the award through  process of Law.

Let copy of the judgment be supplied all the parties free of costs.