DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

 C.C. No.97/2017

Date of Filing:                       Date of Admission:                 Date of Disposal:

    23.02.2017                           17.03.2017                                          22.05.2023

P R E S E N T                 :-    Smt. Monisha Shaw …………………. Member.

                                        :-     Sri.  Abhijit Basu      …………………. Member.

          JUDGMENT

The complainant filed this case as per Consumer Protection Act, 1986.

The brief facts of the case that on 12.12.2016 complainant approached the O.P-bank for withdrawal two cheques bearing No.817246and 817302 dated 12.12.2016 for cash withdrawal of Rs. 18,000/- each i.e. total Rs. 36,000/-. The Branch Manager, S.B.I, Kankinara branch refused to pay as that period was running for demonetization period. Again on 13.12.2016 complainant went bank with same request which was avoided by O.P Branch Manager SBI Bank. On that day complainant lodged a complaint before Regional Manager, SBI, Bidhannager, Kolkata. As per direction and intervention of Regional Manager on 14.12.2016 the said Branch Manager, SBI allowed to withdraw the said amount. The complainant stated that such acts of Branch Manager is deficiency of service and also alleged that O.P with its men and agents prayed foul game in very clandestine manner with the complainant by camouflaged way mislead. As such complainant claimed Rs. 6,00,000/- for mental agony, Rs. 8,00,000/-for harassment and Rs. 1,00,000/- for unfair trade practice and deficiency in service. Due to deficiency of service complainant filed this case.

Opposite party appeared and filed written version and lastly filed BNA also. Complainant is not filed any BNA. The case is within the pecuniary and territorial jurisdiction of this commission. The O.P states that each and every citizen of India had to face demonetization which continued from 19^th November 2016 till  31.12.2016 and during the said period complainant filed the said cheques for withdraw of Rs. 18,000/- each i.e. total Rs. 36,000/-. At that period R.B.I issued guidelines for transaction to all Banks and during such period situation changed day by day.

Contd/-2

C.C. No.97/2017

:: 2 ::

During such period as per guideline withdrawal of amount over the counter (OTC) was allowed upto Rs. 10,000/- per day aggregating Rs. 20,000/- per week from 19^th November to 31.12.2016. As such O.P Manager was not refused the complainant but also follow the guidelines of R.B.I. It is also stated by the O.P that O.P- Bank allowed withdrawal on 14.12.2016 only when the superior authority of the O.P. Bank advised the O.P. Bank. O.P Bank never in its own notice allowed withdrawal to the complainant on 14.12.2016 after refusing on 12.12.2016 and 13.12.2016. It is also stated that the O.P- Bank being service branch has limited authority and they cannot act without the accreditation of the superior authority or the R.B.I. guideline.

Issue framed for the purpose of decision

1. Whether the case is maintainable or not?
2. Whether the complainant is entitled to get relief or reliefes in this case or not?

Reason of Decision

The complainant deposited two cheques on 12.12.2016 for withdrawal of Rs. 18,000/-each i.e. total Rs. 36,000/- at the period of denomitization at S.B.I, Kankinara Branch, North 24 Parganas. The Branch Manager refused it on 12.12.2016 and 13.12.2016 the complainant filed a complaint before Regional Manager, Bidhannagar and after his advise and/ or direction the Branch Manager allowed the said cheques on 14.12.2016. At the time of demonetization R.B.I issued guideline regarding withdrawal of amount over the country (OTC) upto Rs. 10,000/- per day aggregating Rs. 20,000/- per week. There was some special power above the post of Branch Manager. The period of demonetization was  special period when all the financial institutions were strictly followed the guideline of R.B.I. The period of demonetization was an extra ordinary period which cannot compare with normal period. We are of view that the said contention does not hold any deficiency of service as at that period was extra ordinary period when the staffs of the Bank work extra time beyond their working hours. At that period Branch Manager had limited power for disburse the cash (as per guideline of R.B.I.), there was some discretionary power above the post of Branch Manager for withdrawal above Rs. 10,000/- per day. Hence we find that there is no deficiency of service in the part of Branch Manager, SBI, Kankinara Branch, North 24 Parganas. The complainant could not prove his case by submitting evidence that the Branch Manager of SBI disobey the guideline of R.B.I. The guideline of R.B.I. is not the same at normal period and extra ordinary period. The O.P. prove his case.

Hence, it is ordered that the case being no. 97/2017 be and the   same is dismissed on contest.

Thus the  case is dismissed on merit without cost.

            Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member

Member                                                                Member