West Bengal

Bankura

CC/52/2023

Sri Sanjib Barat - Complainant(s)

Versus

The Branch Manager, Punjab National Bank - Opp.Party(s)

Subrata Kumar Chakraborty

30 Nov 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 52/2023

          Date of Filing: 13/06/2023

Before:                                        

1. Samiran Dutta                             Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                            

 

For the Complainant:  Ld. Advocate Subrata Kumar Chakraborty

For the O.P.1: Ld. Advocate Krishnendu Lohar

For the O.P.2: Ld. Advocate Siddartha Sankar Adhvaryyu                                                                                                                                                                                                                                                                                                                                                             For the O.P.3: None                                                                                                                                                                       

Complainant

Sanjib Barat, S/O Lt. Sristidhar Barat, R/O Vill & P.O.Maliara, P.S.Barjora, Dist. Bankura, PIN- 722 142, Mob.9635601880                                                                                        

Opposite Party    

1.The Brach Manager, Punjab National Bank, Maliara Branch, Vill & P.O.Maliara, Dist.Bankura, PIN-722 142                                                                (Principal Defendant/O.P.)

2.The Branch Manager, Bandhan Bank, Katihar Branch, Durgasthan Chawk, P.O.Katihar, Bihar, PIN-854 105                                                                                         

3.Sri Chanchal Kumar Sah, S/O Naresh Prasad Sah, Near Fertilizer Centre, Gumitala, Ward No.28, Katihar, Bihar, PIN- 854 105 

4.R.J. Traders, Raniganj, P.O. & P.S.Raniganj, Dist.  Paschim Bardhaman, W.B.                                                                                                             (Co-defendants/Opposite Parties)

FINAL ORDER / JUDGEMENT                                                  

Order No.06

Dated:30-11-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he being a businessman has a Current A/c No. being 0323250021313 with O.P. No.1 Bank with Cheque facilities. On 01/10/2022 he had transfer transaction of Rs.3.5  Lakh through RTGS with O.P. No.1 Bank in favour of R.J. Traders/O.P. No.4 having A/c No.10170005103502 with Bandhan Bank, Raniganj Branch, West Bengal but through an inadvertence he wrote the A/c No. as 10170005103522 in place of the correct A/c No. 10170005103502 in RTGS Form as referred to above and accordingly said amount of Rs.3.5 Lakh got transferred to the wrong A/c No. being 10170005103522 standing in the name of O.P. No.3 with Bandhan Bank, Katihar Branch, Bihar. The beneficiary of the said transaction i.e. R.G. Traders / O.P. No.4 enquired of non-receipt of the said amount and thereafter the Complainant approaches his Banker O.P. No.1 regarding the fate of the transaction. Though the O.P. No.1 Bank took up the matter with O.P. No.2 Bandhan Bank, Katihar Branch for refund of the said amount to the A/c of the Complainant after recovery of the same from O.P. No.3 but the recovery of the amount could not be successful though the A/c of O.P. No.3 stands as blocked to prevent further withdrawal of money by   O.P. No.3. The Complainant has approached this Commission for appropriate relief.

.                                                                                                                                                                                    Contd……p/2

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O.P. No.2 Bandhan Bank, Katihar Branch filed written version to contest the case stating that they have no role and involvement in the aforesaid transaction but after receipt of information regarding such discrepancy in transaction they took up the matter with the concerned Bandhan Bank, Katihar Branch to get refund and recovery of the aforesaid wrongly transferred amount in favour of O.P. No.3. Though they could not succeed in their attempt but the A/c of O.P. No.3 has been blocked with a balance of Rs.99,652.97 to prevent further withdrawal by O.P. No.3

O.P. No.1, PNB, Maliara Br., Bankura though appeared before the Commission but did not file any written statement to contest the case.

O. P. No.3 after receipt of Notice from this Commission sent a reply by Post in the form of Written version, received on 07/08/2023 which is on record stating therein that he has consumed the amount in course of his business which has been erroneously deposited by O.P. No.1, PNB, Maliara Br., Bankura without any intimation or knowledge. He has further prayed to dispense him from this case as he is not a necessary party with the prayer to operate his A/c which has been blocked by the O.P. No.2 Bandhan Bank, Katihar Branch.

O.P. No.4, R.G. Traders, Raniganj could not be brought on record due to insufficient address.

.                                                            -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that admittedly the Complainant wrote wrong A/c No. of the Sendee A/c. Holder but without proper verification O.P. No.1/ Sender Bank hastened to transfer the amount of Rs.3.5 Lakh through RTGS to that wrong A/c No. belonging to O.P. No.3. It is evident from Letter dated: 30/12/2022 which is on record sent by RTGS Section of O.P. No.1 Bank to O.P. No.2 Bandhan Bank, Katihar Br. stating therein clearly that their Branch has erroneously mentioned wrong A/c No. while initiating RTGS and accordingly requested the O.P. No.2 Bank  to take necessary action for return of the transferred fund to the  Remitter. Similar correspondence was made thereafter on 18/04/2023 by O.P. No.1 Bank to O.P. No.2 Bank.

It is no doubt true that though the disputed transaction took place on 01/10/2022 but immediately thereafter neither the proposed recipient of the amount i.e. O.P. No.4 nor the sender of the amount i.e. the Complainant has brought to the notice of the Sender Bank i.e. O.P. No.1 regarding transfer of the amount to the wrong A/c holder.

Now the question is on whose fault and mistake such transaction had taken place. The     customer i.e. the Complainant or the Sender of the money has clearly put the name of the Sendee A/c holder i.e. R.G. Traders on the Cheque drawn by the Complainant but he unfornately misquoted correct A/c No.

.                                                                                                                                                                                  Contd……p/3

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It is not understandable to the Commission as to why O.P. No.1 Bank did not verify the name of the Sendee A/c holder and its Branch and on such verification the mismatch could have  come to light and in that case O.P. No.1 Bank had the scope and opportunity to verify the Sendee A/c No. from the Complainant but no such step appears to have been taken by the O.P. No.1 Bank. It is the sheer negligence and callousness of O.P. No.1 Bank Authority to operate the transaction in such a manner without caring least for the consequences thereof. Putting of wrong A/c No. by the customer is rectifiable subject to verification by the concerned Bank Authority but without adhering to this normal procedure O.P. No.1 Bank Authority dared to transfer the huge amount of Rs. 3.5 Lakh to the wrong A/c holder. Man is fallible but machine will not betray. In this case the Complainant might have put the wrong A/c number but the O.P. No.1 Bank Authority who is operating the transaction through electronic devices ought to have been more careful and vigilant in transferring such huge amount through RTGS particularly by verifying and matching the Name and  Branch of the Sendee A/c  holder. The correct Sendee A/c holder is R.G. Traders and the Branch name is Bandhan Bank , Raniganj Branch, West Bengal whereas the wrong Sendee A/c holder is an individual person i.e. O.P. No.3 Sri Chanchal Kr. Sah with A/c at a different Branch namely Katihar Branch, Bihar.

The Commission is hardly to digest any explanation from the O.P. No.1 Bank Authority that no verification of the Name and Branch of the A/c holder is necessary in case of transfer of money through RTGS.   O.P. No.1 Bank has not come forward to this Commission with any such explanation. In absence of any satisfactory explanation offered by O.P. No.1 Bank Authority justifying the above mentioned disputed transaction the Commission is of the firm view that the O.P. No.1 Bank is solely liable and responsible for such wanton act in operating the transaction in question whereby the Complainant has lost a huge sum of money of Rs.3.5 Lakh which he could not send to the proper person i.e. O.P. No.4. Only irresistible conclusion from the facts and circumstances of the case is that the O.P. No.1 Bank has to compensate the pecuniary loss of the Complainant to the tune of Rs.3.5 Lakh. However O.P. No.1 Bank is at liberty to recover the same from O.P. No.3 in due process of law. O.P. No. 3 as a bona fide customer must return the amount otherwise he will face the penal consequences u/s 403 of IPC. The case therefore succeeds.                      

Hence it is ordered……..

That the case be and the same is allowed on contest against O.P. No.2  & 3 and Ex-parte against O.P. No.1 but all without cost.

O.P. No.1 is directed to pay to the Complainant Rs.3.5 Lakh within one month from this date in default law will take its own course. Liberty is however given to O.P. No.1 to recover the said amount from O.P. No.3 in due process of law.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER