DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.146/2022
Date of Filing: Date of Admission: Date of Disposal:
11.05.2022 30.05.2022 29.03.2023
Complainant/s:- | Mrs. Dali Chowdhury, W/o. Rajesh Kumar Chowdhury, Vill- Subhasnagar(A), Block, P.O. Nilganj Bazar, P.S. Barasat, Dist-North 24 Pgs, Pin-700121. = Vs |
Opposite Party/s: | 1.The Branch Manager, State Bank of India, Nilganj (Rural) Branch, Matheranga, Branch Code-14045, P.O. Nilganj Bazar, P.S. Barasat, Dist-North 24 Pgs,Pin-700121. 2.Rajesh Kumar Ghosh, S/o. Astopada Ghosh, Vill-Maheshpur, P.O.Birshibpur, P.S. Uluberia, Dist- Howrah, Pin-711316. |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of this complaint.
The Complainant stated that she is an account holder of the State Bank of India, Nilganj (rural) Branch, Mathiranga, the Opposite Party No. 1 and her Savings A/c No. is 33034607068. On 13/07/2019 at about 10:30 p.m. the Complainant has found through her mobile sms that an amount of Rs. 20,000/-, Rs. 40,000/- and Rs. 20,000/- in total Rs. 80,000/- has been debited from the said account of the Complainant without providing any OTP number by the Complainant. Immediately, on 15/07/2019, the Complainant receiving the statement of account from the O.P. No. 1 and intimated the O.P. No. 1 about the illegal debited amount of Rs. 80,000/- from the said account of the Complainant. Then the O.P. No. 1 suggested to the Complainant to lodge a complaint before the concerned police station.
It is mentioned by the Complainant that the amount of Rs. 40,000/- which was debited at that time and also credited by money transfer to the account of the O.P. No. 2 from the account of the Complainant and another Rs. 20,000/- each i.e. in total Rs. 40,000/- has been withdrawal by suing ATM card which was without knowledge of the Complainant.
At that time the Complainant lodged a complaint before the Officer-in-Charge, Titagarh Police Station, Kolkata – 700119 and the Titagarh Police Station registered a case vide F.I.R. No. 423/2019 dated 24/07/2019 U/s 420/379.
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C.C. No.146/2022
Then the Complainant visited the said Police Station and came to know the address of the O.P. No. 2 but the said Police Station did not take any initiative to recover the said amount of Rs. 40,000/- from the O.P. No. 2 to the Complainant. Finding no other alternative, the Complainant asked the O.P No. 1 to provide the C.C.T.V. footage to know the fate of the said withdrawal amount from the account of the Complainant by using ATM card. But the O.P. No. 1 did not provide the same to the Complainant.
The Complainant further stated that she gave a representation before the O/o the District Magistrate, North 24 Parganas with a request to take an initiative to recover the said debited amount from the account of the Complainant but in vain.
Having no other alternative the Complainant filed this case on 11/05/2022. No W/V has yet been filed by the O.Ps and none moved.
Prayer of the Complainants:-
- Issue notice upon the O.Ps for their appearance and Show Cause.
- Give a direction upon the O.Ps to refund the amount of Rs. 80,000/- only in favour of the Complainant.
- Give a direction upon the O.Ps to pay Rs. 30,000 as compensation towards mental agony, pain and unnecessary harassment and Rs. 15,000/- towards litigation cost.
- Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the amount debited from the account of the Complainant is Rs. 80,000/- in different ways. As the OP is a Bank and the Savings A/c of the Complainant is in the same bank and being a customer of the O.P. / said bank, so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
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C.C. No.146/2022
The Complainant resides at Vill- Subhasnagar (A), Block, P.O. Nilganj Bazar, P.S. Barasat, Dist-North 24 Pgs, Pin-700121 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.
We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the bank statement which was provided by the O.P with the supporting affidavit and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the debited amount is Rs. 80,000/- on different dates. Since the O.Ps did not refund the debited amount to the Complainant, as such there is deficiency in service on part of the O.Ps.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to get other relief/reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees not required.
Hence,
It is ordered,
That the case being no. C.C./146/2022 be and the same is allowed ex-parte against the O.Ps
The O.Ps are directed to refund the debited amount i.e. Rs. 80,000/- to the Complainant within 03 (three) months from the date of this judgment, failing which the Complainant do get an interest of 6% interest on the total debited value, failing which the Complainant is at liberty to take steps according to law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
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