In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.60/2012.
1) Mohammed Javed,
1/7, Ripon Square,
P.S. Park Street, Kolkata-16 ---------- Complainant
---Versus---
1) The Branch Manager, State Bank of India,
Elliot Road Branch, 54, Rafi Ahmed Kidwai Road,
P.S. Park Street, Kolkata-16.
2) The Regional Manager Administration (Channel Manager),
State Bank of India, Zonal Office, Region-3, Jeevan Deep Building,
10th Floor, 1, Middleton Street, Kolkata-1 .
3) The Assistant General Manager (ATM),
Local Head Office, State Bank of India,
7th Floor, 1, Strand Road, Kolkata-1. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 17 Dated 19-08-2013.
The case of the complainant in short is that on 12.1.12 complainant updated his pass book and the balance was Rs.1,97,445/-. On 13.1.12 complainant received the transaction information of his aforesaid account, State Bank of India, Elliot Road Branch in his mobile phone no.9830790496. Thereafter complainant went to the said branch of SBI and updated his pass book and found that Rs.1,23,000/- was debited from his account by way of ATM transactions and transferred to one Miss Monomita Ghosh’s account and also purchased of goods of Rs.3000/- though his ATM cum Debit Card is all along with the complainant. Immediately thereafter complainant made a written complaint dt.14.1.12 to the Branch Manager of the said branch of SBI with list of unauthorized transactions which he received from his pass book and requested the bank authority to refund the said money.
Complainant thereafter states that as per bank policy the SBI have a maximum limit of Rs.40,000/- cash withdrawal in single day and unfortunately as per the statement of accounts shows that the total cash withdrawal was Rs.80,000/-, transferred Rs.40,000/- to one Miss Madhumita’s account and purchased of goods of Rs.3000/- total Rs.1,23,000/- in a single day and bank authority cannot avoid the responsibility of the said fraudulent transaction from the account of the complainant.
Complainant informed the said incident by a written complaint dt.14.1.12 to the Officer-in-charge, Park Street P.S. being GDE No.1427 dt.14.1.12.
On 17.1.12 complainant made a written complaint to (1) The Assistant General Manager (ATM), Local Head Office, State Bank of India, 7th Floor, 1, Strand Road, Kolkata-1; (2) The Regional Manager Administration (Channel Manager), State Bank of India, Zonal Office, Region-3, Jeevan Deep Building, 10th Floor, 1, Middleton Street, Kolkata-1 and (3) Officer-in-charge, Bank Fraud Section, Lalbazar, Kolkata-1 regarding the illegal and unauthorized transaction from his bank account and demanded the refund of Rs.1,23,000/- with earliest effect.
Complainant states that he also made a written complaint for discrepancies in balance after an unauthorized transaction from his bank account and requested to refund the said unauthorized transaction of Rs.1,23,000/- from his bank account to the Joint Commissioner of Police (Crime), Kolkata Police, `8, Lalbazar Street, Kolkata 1 on 17.1.12.
Despite of having proper knowledge of the same they have not taken any appropriate measure to refund the said money of Rs.1,23,000/- which was debited from the account of the complainant illegal and unauthorized way.
Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that on 12.1.12 complainant updated his pass book and the balance was Rs.1,97,445/-. On 13.1.12 complainant received the transaction information of his aforesaid account, State Bank of India, Elliot Road Branch in his mobile phone no.9830790496. Thereafter complainant went to the said branch of SBI and updated his pass book and found that Rs.1,23,000/- was debited from his account by way of ATM transactions and transferred to one Miss Monomita Ghosh’s account and also purchased of goods of Rs.3000/- though his ATM cum Debit Card is all along with the complainant. Immediately thereafter complainant made a written complaint dt.14.1.12 to the Branch Manager of the said branch of SBI with list of unauthorized transactions which he received from his pass book and requested the bank authority to refund the said money.
It is seen from the record that as per bank policy the SBI have a maximum limit of Rs.40,000/- cash withdrawal in single day and unfortunately as per the statement of accounts shows that the total cash withdrawal was Rs.80,000/-, transferred Rs.40,000/- to one Miss Madhumita’s account and purchased of goods of Rs.3000/- total Rs.1,23,000/- in a single day and bank authority cannot avoid the responsibility of the said fraudulent transaction from the account of the complainant.
It transpires that despite of having proper knowledge of the same they have not taken any appropriate measure to refund the said money of Rs.1,23,000/- which was debited from the account of the complainant illegal and unauthorized way.
In view of the findings above and on perusal of the entire materials on record that we find in particular that the reply filed by complainant as against the questionnaire of o.ps. has not been filed by complainant by swearing affidavit. It appears from the record that the reply dt.30.1.13 filed by complainant is not supported by affidavit and as such, we are constrained to hold that this Forum is not in a position to put credence to the evidence sworned by complainant and consequentially the complainant has become without any evidence.
In view of the above position we are constrained to hold that the complainant has miserably failed to prove his case and is not entitled to relief. We rely upon decision reported in 2011 (2) CPR 26 (N.C.) of Hon’ble National Commission.
Hence, ordered,
That the case stands dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
