The brief facts of the case as can be gathered from the record is that the Complainant, Tapan Chandra Datta is a customer of the O.P, State Bank of India, Alipurduar Junction Branch having Savings Bank Account bearing No.11460416810 which is very old one and as it appears that a sum of Rs.5,04,421.45/- was in his account as on 31/12/2011.
The main allegation of the Complainant is that in the last part of 2012, it came to the notice of the Complainant that the O.P bank has withheld and/or closed the said account without assigning any reason whatsoever or without intimating anything to the Complainant. Then the Complainant submitted a representation dated 22/12/2012 to the Branch Manager of the O.P bank with a request to regularize his account forthwith but inspite of having receipt of such representation from the Complainant, the O.P bank authority did not take any initiative to release the said account of the Complainant.
Subsequently, when the O.P bank did not take any initiative to release the said account of the Complainant, then the Complainant served one notice dated 06/05/2013 through Ld. Advocate, Sri B.K. Dutta through registered post with requested to regularize his savings bank account and release the amount i.e. Rs.5,04,421.45/- standing on his account in his favour with interest within 15 days from the date of receipt of this notice but all in vain.
Due to such wrongful activities of the O.P bank authority, the Complainant suffering from mental pain, agony and facing much hindrance. The O.P also adopted unfair trade practice and deficiency in service in the event of withheld and/or closed the Complainant's savings bank account.
Hence, the Complainant filed the instant Case No. CF - 5/2014 with enclosed relevant documents before this Forum for redress of the dispute and prayed for direction to the O.P (1) to release the savings bank account being No.11460416810 and release the amount of Rs.5,04,421.45/- which was standing on the account of the Complainant with interest, also to pay (2) Rs.1,00,000/- for unfair trade practice & deficiency in service, (3) Rs.1,00,000/- as compensation for mental agony & pain and (4) Rs.5,000/- towards litigation cost, besides other relief(s) as the Forum deem fit, as per law & equity.
The O.P, State Bank of India, Alipurduar Junction Branch has contested the case by filing their written version denying all material allegation of the complaint contending inter-alia that the complainant has no cause of action to being this case and the case is not tenable in law. The main allegation of the O.P is that one Subhas Chandra Mandal, Son-in-law of the Complainant was an employee of State Bank of India, lastly posted at Marichbari Branch, Dist. Cooch Behar as the Branch Manager. While he was at Marichbari Branch as the Branch Manager a huge amount of money (Rs.13,72,000/-) was misappropriate by him. A Departmental enquiry was initiated by the higher authority of the bank against said Subhas Ch. Mandal and it was ascertained by the said enquiry committee that during that period, he opened several accounts in his name jointly with his wife, Smt. Tapati Mandal vide account numbers (1) 11460418422 for Rs.5,42,900/-, (2) 11460426170 for Rs.15,632/-, (3) 1146042681 for Rs.15,632/-, (4) 11460426192 for Rs.15,632/-, (5) 11460426205 for Rs.15,632/-, (6) 11460426216 for Rs.15,632/- as well as in the savings bank account being No.11460416810 for Rs.5,04,000/- in the name of Tapan Ch. Dutta i.e. the present Complainant and his wife Smt. Sandhya Dutta (total Rs.11,25,060/-). Pending enquiry the above savings account in the name of Subhash Ch. Mandal, Tapati Mandal, Tapan Ch. Dutta, the Complainant and his wife Sandhya Dutta were held by the Disciplinary Committee. After enquiry, The Branch Manager, Sri Subhash Mandal was found guilty, suspended and after filing charge sheet against him, observing all formalities, said Subhash Mandal was terminated/dismissed from the service.
The O.P further contended that the higher authority, Regional Office, State Bank of India, advised the O.P i.e. S.B.I., Alipurduar Junction Branch to debit the entire deposits in the above mentioned accounts to recover the bank fund misappropriated by Subhash Mandal during the tenure as the Branch Manager at Marichbari Branch, S.B.I and credit the same to Alipurduar Junction Branch in sundry deposit account. Thereafter, the proceeds be transferred to S.B.I., Marichbari Branch through IBTS with certain other instructions vide Memo No. RBOSL/17/39 dated 19/06/2012. Accordingly, the this O.P followed the instructions of its higher authority i.e. the Regional Manager, S.B.I., Siliguri and transferred the entire deposit of Rs.11,25,060/- lying with the above referred 7 savings accounts to S.B.I., Marichbari Branch.
Therefore, there was no deficiency in service on the part of the O.P and the O.P has no liability to pay any amount with interest as the Complainant claimed in his complaint.
Ultimately, the O.P, S.B.I., Marichbari Branch prayed for dismissal of the case with compensatory costs against the Complainant.
In the light of the contention of the complainant, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the O.P any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the entire documents in the record along with Evidences also heard the argument advanced by the Agents of both the parties at a length. Considered the decision cited by the parties.
Point No.1.
Evidently the Complainant has a Savings Bank Account being No.11460416810. So, the Complainant is consumer U/S 2(1)(d)(ii) of the C.P. Act, 1986 under the O.P bank.
Point No.2.
The office of the O.P bank is situated at Alipurduar Junction within the Jurisdiction of this Forum and the Complaint value of this case is Rs.7,09,421.45/- i.e. far less than the prescribed limit. Thus, we have no hesitation to hold that this Forum has every jurisdiction to try this case.
Point No.3 & 4.
It appears from the Complainant and evidence of the Complainant, Tapan Ch. Dutta that he is a customer of the O.P, State Bank of India, Alipurduar Junction Branch having Savings Bank Account bearing No.11460416810 which is very old one and as it appears that a sum of Rs.5,04,421.45/- was in his account as on 31/12/2011.
In his evidence he further stated that in the last part of 2012, it came to the notice of the Complainant that the O.P bank has withheld and/or closed the said account without assigning any reason whatsoever or without intimating anything to the Complainant. Then the Complainant submitted a representation dated 22/12/2012 to the Branch Manager of the O.P bank with a request to regularize his account forthwith but in vain.
The copy of the letter dated 22/12/2012 sent by the Complainant to the O.P bank through registered post with A/D shows that he informed the O.P bank that the bank authority has closed his Savings Bank Account No.11460416810 without any intimation to him and the amount lying in the said bank is of his own fund. He requested the bank authority to regularized the said bank account. Registered Slip and A/D Card shows that the said letter was duly served upon the O.P bank.
It is the further case of the Complainant that thereafter he served one notice through the Ld. Adv., Sri B.K. Dutta by registered post with A/D for regularization of the said account and released the amount i.e. Rs.5,04,421.45/-. The copy of the Advocate letters dated 06/05/2013 and Registered Slip & A/D Card show that the said notice was duly served upon the O.P bank and the Complainant asked for regularization of his bank account and release of the said money.
Original and new pass book of the Complainant show that he has a savings bank account No.11460416810 in the O.P bank and said account was closed on 19/06/2012.
The O.P bank in their W/V did not deny the allegation of closing the savings bank account of the Complainant by the bank. But it is the case of the O.P bank that one Subhas Chandra Mandal, Son-in-law of the Complainant was an employee of State Bank of India, lastly posted at Marichbari Branch, Dist. Cooch Behar as the Branch Manager. While he was at Marichbari Branch as the Branch Manager a huge amount of money (Rs.13,72,000/-) was misappropriate by him. A Departmental enquiry was initiated by the higher authority of the bank against said Subhas Ch. Mandal and it was ascertained by the said enquiry committee that during that period, he opened several accounts in his name jointly with his wife, Smt. Tapati Mandal vide account numbers (1) 11460418422 for Rs.5,42,900/-, (2) 11460426170 for Rs.15,632/-, (3) 1146042681 for Rs.15,632/-, (4) 11460426192 for Rs.15,632/-, (5) 11460426205 for Rs.15,632/-, (6) 11460426216 for Rs.15,632/- as well as in the savings bank account being No.11460416810 for Rs.5,04,000/- in the name of Tapan Ch. Dutta i.e. the present Complainant and his wife Smt. Sandhya Dutta (total Rs.11,25,060/-). Pending enquiry the above savings account in the name of Subhash Ch. Mandal, Tapati Mandal, Tapan Ch. Dutta, the Complainant and his wife Sandhya Dutta were held by the Disciplinary Committee. After enquiry, The Branch Manager, Sri Subhash Mandal was found guilty, suspended and after filing charge sheet against him, observing all formalities, said Subhash Mandal was terminated/dismissed from the service.
It is the further case of the O.P bank that the higher authority, Regional Office, State Bank of India, advised the O.P i.e. S.B.I., Alipurduar Junction Branch to debit the entire deposits in the above mentioned accounts to recover the bank fund misappropriated by Subhash Mandal during the tenure as the Branch Manager at Marichbari Branch, S.B.I and credit the same to Alipurduar Junction Branch in sundry deposit account. Thereafter, the proceeds be transferred to S.B.I., Marichbari Branch through IBTS with certain other instructions vide Memo No. RBOSL/17/39 dated 19/06/2012. Accordingly, the this O.P followed the instructions of its higher authority i.e. the Regional Manager, S.B.I., Siliguri and transferred the entire deposit of Rs.11,25,060/- lying with the above referred 7 savings accounts to S.B.I., Marichbari Branch.
During his argument Ld. Adv./Agent of the Complainant submitted that the Complainant, Tapan Ch. Dutta and his Son-in-law, Subhash Ch. Mandal are two different (legal) entity/person and Subhash Ch. Mandal has no connection with money lying in the savings bank account No.11460416810 of the Complainant and the said money is his own money and acquired by him by his own afford and the O.P bank cannot closed the bank account of the Complainant.
It appears that the O.P bank submitted report of the Enquiry Authority against Subhash Ch. Mandal and said enquiry was made by Sri Tanmoy Bandyopadhyay, SMGS-IV, Chief Manager, State Bank of India, Domestic Enquiry Cell Ltd., Kolkata.
We find that in said enquiry a specific charge was framed against Subhash Ch. Mnadal (Charge No.1) alleging that it is alleged that Sri Mandal for his personal game had fraudulently misappropriated Rs.9,62,492.01/- by depositing the amount in the accounts of his close relative as detailed below from the aggregate amount of Rs.73,00,399.01/- received from Agricultural Insurance Corporation of India (AICI) as crop insurance claim. He did not appropriate the amount in the accounts of the respective borrowers for whom the said portion of the insurance claim amount was received, but credited the amount in the accounts of persons closely related to him.
In ‘Annexure-1’ In item No.4 of the table, the disputed savings bank account No.11460416810 has been shown and it has been alleged that Subhash Mandal has deposited Rs.3,50,000/- in said bank account of his Father-in-law, Tapan Ch. Dutta.
We find that in Enquiry Report, Enquiring Authority came to finding that Charge No.1 pointed out that Rs.9,62,492.01/- were fraudulently credited by CSO in his own account and to his son’s account, in his brother’s account and to his Father-in-law’s account. DR had pointed out DEX2, if the amount was erroneously credited by the bank why the account holder draws a cheque of Rs.2,30,000/- (DEX2) is not at all clear to enquiry.
Hence, the charge is proved.
We further find from the letter dated 19/06/2012 issued by the Regional Manager, Region-III, Siliguri to the Branch Manager, State Bank of India, Alipurduar Junction Branch with heading “Fraud for Rs.13.72 lacs”. Shri Subhas Mandal since dismissed. Recovery of misappropriated amount that the Branch Manager, S.B.I, Alipurduar Junction Branch was directed to debit account No.11460416810 of Tapan Dutta and Mrs. Sandhya Dutta to recover Rs.5,04,000/- from said account to recover the bank fund misappropriated by Sri Subhash Mandal during his tenure as Branch Manager at Marichbari Branch and credit the same to Branch Sundry Deposit Account. Thereafter, the proceeds must be transferred to our Marichbari Branch through IBTS today itself under advice to us.
So, it is clear from our above made discussion that the disputed Savings Bank Account No.11460416810 of the Complainant amounting to Rs.5,04,000/- was directly involved in Enquiry Proceedings against his Son-in-law, Subhas Mandal and Enquiring Authority came to finding that Subhas Mandal fraudulently obtained the said amount and misappropriated the same and credited in account of his Father-in-law, Tapan Dutta. The Complainant has not challenged the said finding anywhere.
We further find that O.P Bank has done everything as per direction of Regional Manager and Report submitted by the Enquiring Authority.
Lastly, we like to mention another thing that in the present case, the Complainant has been specifically claiming that amount lying in the disputed account belongs to him and has acquired the same by his own afford. But he has not filed any document in this regard.
In the present case, the O.P Bank has filed a questionnaire asking the Complainant to reply when he retired from service from which post with how much retirement benefit and where he deposited his retirement benefit and whether he has any other source of income and whether he is ready to disclose the source of amount of Rs.5,04,000/- in disputed account.
But the Complainant has refused to reply said questionnaire on the ground that the Complainant is not any obligation to its reply.
We think an adverse presumption may be drawn against the Complainant for his such conduct.
Thus, both the points are decided against the Complainant and we are constrained to hold that the O.P Bank has no deficiency in service in their part and the case is liable to be dismissed.
Thus, the case is dismissed.
ORDER
Hence, it is ordered that,
The present case No. CF – 5/2014 be and the same is dismissed on contest against the O.P bank, State Bank of India, Alipurduar Junction Branch. No order as to costs.
A plain copy of this order be made available and be supplied to the parties by hand/Registered post, free of cost with A/D.
Dictated and corrected by me.
