For the complainant:  Mr. Bibhu Datta Samantray, Mr. Kailash Chandra Mishra, Advocates.

For the Opp. Party: Mr. Bijaya Krishna Mohanty, Advocate.

                                                                        DATE OF FILING: 09.01.2014.

                                                                        DATE OF DISPOSAL: 18.08.2016.

Miss S.L.Pattnaik, President:

            The complainant has filed this consumer dispute under section 12 of the Consumer Protection Act, 1986 alleging deficiency in banking service against the Opposite Party (in short, the O.P.).

            2. Brief case of the complainant is that, he is the proprietor of M/S  Saraf Garments at Berhampur. He is a reputed businessman installed a POS facilities for the convenience of the customers of his shop.  He installed POS  on deposit of required fee with the O.P. Transaction was made after purchase of required garments by customers. That transaction was successful. There was non-transfer of the money to the accounts of the complainant as per details hereunder.

Against such type of transactions in non-crediting the money to the accounts of the complainant, he met with the O.P. who in turn advised to give in writing and accordingly, he submitted one written complaint for non-settlement of POS transfer. Instead of settlement of the first two transactions dated 27.6.2012, the same continued on 11.8.2012 and on 4.9.2012 for Rs.1200/- and Rs.2330/-, Rs.1850/-, Rs.1625/- respectively. He further submitted that he wrote another letter to O.P. for regularizing the same on transfer of the money of the customer. The O.P. hold one meeting of the customers where the complaint of the complainant was taken-up and the Branch Manager issued one letter to take up the matter as most priority. Inspite of the repeated requests of the complainant and directions of the Branch Manager, State Bank of India, the money of Rs.7005/- only has not yet been transferred and credited to the accounts. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. for immediate crediting Rs.7005/- to the account number30252346845 of the complainant with 15% interest, Compensation of Rs.10,000/- towards harassment, Rs.5000/- towards litigation cost  in the best interest of justice.  

            In support of his case the complainant filed the following documents.

(1) Photocopy of written complaint by the complainant   to O.P.

(2) Photocopy of second written complaint by the complainant to O.P.

(3) Photocopy of letter dated 18.1.2013 of Branch Manager S.B.I.  

            Upon notice the O.P. filed written version/argument through his advocate. It is stated the averments made in the complaint petition are not all true and correct and the complainant is put to the strict proof of such of those allegations. The averment made in Para 1,2 and 3 are based on records and needs no further comments. The rest of the Paras are not all true and correct and the complainant is put to strict proof of the same. The complainant has entered into a commercial contract with this O.P. for installation of POS in his shop.  All the transactions and claims relating to the POS are clearly specified in that contract. As per the terms of that contract the claims are to be filed and settled in the prescribed manner.  So strictly speaking, the complainant is not a consumer and the petition is not coming within the purview of consumer protection act.  In the meanwhile both parties have amicably resolved the claim and all the claim amounts have been credited to the account of the complainant, as per the statement of the account. This complaint petition has become infractious and may be dropped in the interest of both the parties.  There is no unfair trade practice or harassment caused to the complainant as alleged in the petition. On the other hand, the O.P. took utmost care and interest in settling the claim to the satisfaction of the complainant. So this O.P. is not liable to pay any compensation, cost, damage etc. to the complainant. Hence this O.P. prayed to dismiss the case in the interest of justice.

            The O.P. filed following documents:

(A) Photocopy of Branch Manager, SBI, Bhapur Bazzar Evening Branch letter No. 331 dt.27.11.2015 alongwith deposit transaction enquiry to the complainant.

(B)  Photocopy of Branch Manager, SBI, Bhapur Bazzar Evening Branch letter No118 dt.7.8.2014 to the complainant.

            We have gone through the complaint petition, version, written argument and documents available in the record.  The complainant was to receive the money during the year 6/2012 to 9/2012 amounting to Rs.7,005/-. Due to deficiency in service of the O.P. the complainant filed this present complaint on 9.1.2014 and the O.P.Bank paid an amount of Rs.5,155/-  on 26.2.2014 for three transactions and the rest amount of Rs.1850/- was credited to the account of the complainant on 27.11.2015.   The complainant suffered from harassment and mental agony for a long period so he has claimed exemplary compensation. Despite several persuasion the O.P.  did not heed to consider the grievance of the complainant. This action of the O.P. has proved the deficiency in service.

            In the result, we allow the case of the complainant against O.P.Bank who is liable to pay interest @4% per annum on the detained amount of Rs.5155/- with effect from the date 27.6.2012 to 26.2.2014 and on the amount of Rs.1850/- from the date 27.6.2012 to 27.11.2015 at the rate of interest discussed above.  The O.P. is directed to pay the interest within one month from the date of receipt of this order failing which the amount shall carry 6% interest per annum till the actual payment is made. The case of the complainant is disposed of accordingly. However in the fact and circumstance we are not inclined order any cost or compensation.

            The order is pronounced on this day of 18th August 2016 under the signature and seal of this Forum. Copy of order be supplied to the parties free of cost.