DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Dated the 12th day of December 2022.
C. C. No. 17 of 2021.
Present 1. ShriShiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
RejiaBibi,aged about 56 years, W/o:-Sk. Nijam,
Vill:-Erein (Khajirapada), Po:- Charampa, P.S:- Bhadrak (R),
Dist- Bhadrak.
……………. Complainant.
(Versus)
The Branch Manager, State Bank of India,
Charampa Branch, At/Po:-Charampa,
P.S:- Bhadrak (T), Dist:-Bhadrak.
…………Opposite party.
Counsel For Complainant :Sri Purna Ch. Mohanty, Advocate &Ors,
Counsel For the Opp. Party :Sri JaminiKantaNayak, Advocate &Ors.
Date of hearing : 15.11.2022.
Date of order : 12.12.2022.
SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Party under Consumer Protection Act, 2019.
Brief facts of the case is that :-Complainant is the permanent resident within the jurisdiction of this Commission. Her residential house is situated at Erein Khajirapada under the Bhadrak Rural Police Station of Bhadrak district. Opposite Party is the Branch Manager of State Bank of India, Charampa Branch & his branch office is situated at Charampa within jurisdiction of this Commission. Complainant is a saving account holder of O.P. Bank vide Account No. 32117044961. The cash of Rs. 4,07,320/- (Rupees four lakh seven thousand three hundred twenty) only was in the complainant saving passbook as on 29.06.2020. Due to Covid-19 pandemic & consequential lock down she had not withdrawn any amount from her passbook. Within that period she has lost her saving passbook & applied for duplicate passbook. On 17.08.2020 she got duplicate passbook & on verification of her passbook she came to know that cash of Rs. 1,37,202/- only was in her account instead of Rs. 4,06,320/-. Immediately complainant lodged a complaint beforebank authority about the illegal withdrawal of amount from her saving passbook & the O.P. and other staffs of bank assured complainant that they will inquire into the matter. But on 31.10.2020 O.P. refused to consider the application of complainant. Finding no other way complainant lodged a written report before the Bhadrak Town Police Station on 01.11.2020 about the illegal withdrawal of money from her account. F.I.R. was registered by the IIC, Bhadrak Town Police Station vide Bhadrak (T) PS Case No. 335, dt.01.11.2020 U/s 419/420/468 & 34 of I.P.C. On 12.11.2020 Complainant requested the O.P. by a legal noticefor refund of the said illegal withdrawal. The complainant also visited the bank several times & the bank staff did not take any steps regarding the illegal withdrawal of money from complainant’s account.As such alleging deficiency of service & negligence act of the O.P
Opposite Party resisted the claim& contested the case that the complainant operates her S.B. Account No. 32117044961 in O.P. Bank. As the account has no Cheque book facility, on each & every withdrawal the account holder/complainant is used to withdraw money personally bySubmitting withdrawal slip along with passbook of the said account. Phone number of the complainant has been fed in the CBS linking such account number. On each deposit & withdrawal from that account the S.M.S. alert are being sent to the registered phone number of the complainant. Accordingly on 03.07.2020, 06.07.2020, 07.07.2020, 09.07.2020, 13.07.2020, 16.07.2020, 23.07.2020 & 30.07.2020 complainant has withdrawn money from her account as per her need & on each withdrawal SMS alert has been sent to her phone. If she has not withdrawn the money she should have lodged the complaint immediately to the O.P. Bank or through online mode i.e. the centralized data basis of State Bank of India. Complainant personally being present at O.P. Bank premises has withdrawn the money from her account. Her allegation has been inquired into by the Police. Unless & until finalization of the said G.R. Case the real fact cannot be ascertained. O.P. Bank reserves the right to file additional objection after finalization of trial of G.R. Case No. 2072/2020. The consumer dispute case filed before the finalization of G.R. Case is premature case & this dispute liable to be dismissed.
After hearing the counsels of belligerent parties and after carefully examining the record, I find that the complainant has also approached police with the selfsame grievance and Bhadrak Town Police has registered a criminal case U/s 419/420/468/34 of I.P.C. vide P.S. Case No. 335, dt.01.11.2020 corresponding to G.R. Case No. 2072/2020 which is pending adjudication before Learned S.D.J.M., Bhadrak. Police has arrested Sk. Nizamuddin and submitted charge sheet against him under the same sections on 24.12.2020. The complainant alleges of her signature being forged and secondly for procurement of the CCTV footage of the Bank at the relevant time to ascertain the truth. So, it’s a complex process of collecting these expert & digital electronic evidences which only police investigation is equipped to do. The hand writing expert & forensic personnel reports are highly essential to justly adjudicate the dispute. It requires thorough police investigation. Though police has submitted charge sheet, it has kept the investigation open U/s 173 (8) of Cr.P.C. Under these circumstances, the Commission finds the complaint of the Complainant is premature and not maintainable at this stage in view of the pending investigation & pending criminal trial.
O R D E R.
In the result complaint be and same is dismissed on contest against O.P. without cost and compensation on any parties.
This order is pronounced in the open Court on this the 12th day of December 2022 under my hand and seal of the Commission.
