This appeal is directed against the Final Order dated 09.09.2015 delivered by Ld. D.C.D.R.F., Alipurduar in CF No 5 of 2014. The appeal case in nutshell is that the appellant Tapan Ch. Dutta having SBI account No 11460416810 lying in SBI Alipurduar Junction Branch and as on 31.12.20211 a sum of Rs. 5,4,421.45/- was lying in his account. The Appellant/Complainant mentioned in his Consumer Complaint that since last part of 2012 the Alipurduar Junction Branch has withdrawn and closed the said account without assigning any reason and without intimating anything to the Complainant. The Complainant submitted Written representation dated 22.12.2012 to regularize the account and release the amount in favour of the Complainant which was turned down by the concerned Branch. Thereafter, the Advocate latter was sent to the Bank for urging the Bank Authority to release the amount and to reopen the account which was also turned down. So, the instant complaint case. The SBI Alipurduar Junction Branch was the sole Opposite Party in the instant Consumer Complaint. who has contested the case by filing the Written Version and contended inter-alia that one Subhas Mandal, the son-in-law of the Complainant was an employee of SBI Morichbari Branch and while he was acting as Branch Manager in the said Branch he has misappropriated about Rs. 13,72,000/- from the Bank exchequer. A departmental inquiry was initiated by the Higher Authority of the Bank and the inquiry department could found Mr. Mandal guilty for such misappropriation and it was also detected that the said misappropriated money was deposited by Sri. Mandal by opening different account in the name of his relatives including the Complainant Bearing No 11460416810 at Alipurduar Junction SBI Branch. The Higher Authority of the Bank has suspended him from his job and he was ultimately dismissed from the service and as per order of the Regional Office of SBI, the Alipurduar Junction Branch had to debit the entire deposits of the account of T. Ch. Dutta to recover the misappropriated money and ultimately transferred the entire deposit of the accounts to the State Bank of India, Morichbari Branch. Ld. Forum has observed to the score that the deposited money of savings account of the Complainant amounting to Rs. 5,04,000/- was directly involved in inquiry proceedings against the Complainant’s son-in-law S. Mandal and inquiry authority came to the findings that S. Mandal fraudulently obtained the said amount by misappropriation and credited in account of his father-in-law Sri. Tapan Dutta and also found that Alipurduar Junction Branch of SBI has done everything as per direction of Regional Manager, SBI and the domestic inquiry report submitted by the inquiry authority. So, the instant Consumer Complaint was dismissed on its merit. Against the said Judgement and order this appeal follows on the ground that Ld. Forum has failed to appreciate the fact the Complainant opened the said account in the year 1994 through his own fund and since then he has deposited his hard-earned money time to time and this account was not connected with any fraudulent act on the part of his Son-in-law S.Ch. Mandal, that the Ld. Forum has failed to understand that when the Complainant was not part and personal of domestic inquiry proceedings then in which way the Ld. Forum could belief that the misappropriation money was accumulated in the account of the Complainant T.Ch. Dutta. So, the appellant prays for set aside of the Final Order of Ld. D.C.D.R.F., Alipurduar and also prayed for allowing the Consumer Complaint under Section 12 of C.P. Act, 1986 at the appellate stage. The appeal was admitted on its own merit and notice was sent to the respondent SBI, Alipurduar Junction Branch. Alipurduar Junction Branch has contested the appeal case through Ld. Advocate and filed the Written Note of Argument including domestic inquiry report. The argument of both sides was heard through Ld. Advocates.

Decision with reasons

At the time of argument Ld. Advocate of the appellant submits that Ld. Forum in the Judgement has observed that the appellant T.Ch. Dutta had failed to reply to the question of O.P. Bank regarding actual source of income to deposit in his account to the tune of Rs. 5,04,000/- which is absolutely incorrect on the part of Ld. Forum as because a bonafide customer has a prerogative not to disclose his source of income to the Bank otherwise, he was not directed by any money regulating agencies of Government. He further submits that the Bank Authority has failed to prove that in the account of the appellant the son-in-law S. Mandal has deposited the said money or credited the same amount into the account of appellant which he was allegedly misappropriated from the Bank exchequer. He further submits that domestic inquiry report is not enough to prove the criminality of a person while in a criminal case under Section 409 of IPC the said S. Mandal was acquitted from all the charges which was bought against him by the Bank Authority before a competent Criminal Court and as such Ld. Advocate of the appellant mentioned that the order of Ld. Forum suffered from irregularities and the said Judgement should be set aside and the appropriate order should be passed in view of Section 12 and 13 of the Consumer Protection Act to compensate a bonafide Consumer for suffering from harassment. Ld. Advocate of the respondent at the time of his turn submits that the respondent at duty bound to protect the public money from misappropriation and the Higher Authority of the respondent Bank has advised the respondent to debit the money deposits in the suspicious accounts to recover the misappropriated Bank funds and credit the same to Alipurduar Junction Branch in Sundry deposits thereafter the proceeds to transfer SBI Morichbari Branch through IBTS with certain other instructions Vide Memo No RBSL/17/39 dated 19.06.2012 and accordingly the respondent followed the said instructions. He further argued that the SBI Alipurduar Junction Branch did not do the same at its sole whim rather it has protected the public money as per directions of the Higher Authority. So, the Ld. Forum has rightly observed the actual fact and considered the case of the Complainant and ultimately was pleased to dismiss the Consumer Complaint. After, going through the entire case record very carefully and after hearing the valuable arguments canvassed before us we find that actually the Alipurduar Junction Branch of SBI has done everything as per order of superior authority that is Regional Manager of SBI and a subordinate Branch has nothing to do against the order of the superior authority. The respondent by filing the Written Version categorically mentioned that by the direction of the Higher Authority they have blocked the account of the Complainant and the funds of the account was credited in the sundry account and ultimately transferred to Morichbari Branch from whether the money was misappropriated. Curiously enough in spite of specific averment on the part of the respondent the Complainant could not avail the chance to make Regional Manager, SBI as party to the case and in absence of Regional Manager, SBI the Ld. Forum had no option to adjudicate the matter in a proper manner. Ld. Forum has rightly observed that the Alipurduar Junction SBI Branch has done everything as per direction of the superior authority and they had no latches on their part and no deficiency of service was there towards the account holder T. Dutta. So, the finding of Ld. Forum appears to be convincing and sustainable. We find no merit in the appeal case.

Hence, it’s ordered

That the appeal be and the same is hereby dismissed on contest without any cost. The domestic inquiry papers submitted by the SBI be returned back to them with due acknowledgement.

Let a copy of this order be communicated to the Ld. D.C.D.R.F., Alipurduar.