West Bengal

Paschim Midnapore

CC/52/2017

Tarak Nath Ghosh - Complainant(s)

Versus

The Branch Manager, State Bank of India - Opp.Party(s)

Sitaram Panda

26 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                             

      

Bibekananda Pramanik, President,

and 

Pulak Kumar Singha, Member.

 

Complaint Case No.52/2017

 

Tarak Nath Ghosh, S/o-Malay Madhur Ghosh,Vill-Hizla

P.O.-Bhelidhiha, P.S.-Belpahari,

District-Paschim Medinipur, presently residing at House No.91.,

Ram Nagar, near St. John H.S. School, P.O.-Supela,

 P.S.-Bhilai, Dist-Dung, State-Chhatrisgarh,

 Pin-940023 ..………..……Complainant.

Vs.

1. The Branch Manager, SBI, Ethela Branch(9892),

                              P.O.-Diasi, P.S.-Belpahari, District-Paschim Medinipur;

2. The Chief General Manager, SBI, Local H.O.,

                                                   Samriddhi Bhaban, Block-B,

                             1 Strand Road, Kolkata-700001...……….….Opp. Parties.

                                                    

                For the Complainant  : Mr. Sitaram Panda, Advocate.

                For the O.P.                 : Mr. Kunal Kumar Dutta, Advocate.

 

Decided on: 26/10/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In short the case of the complainant is that the complainant has a Savings Bank Account with O.P. no.1 being account no.11888519218. In the month of December, 2015 at the time of up dated the passbook of complainant, came to learn that O.P. no.1

                                                                                                                                                      Contd……………P/2

 

                                                                                                     ( 2 )

debited of Rs.18,000/- on 07/12/2015 for NPA recovery and on 15/12/2015 also debited of Rs.1,800/- for TRF to OD loan from his said S/B A/c.  Complainant lodged written complaint to O.P. no.1 on 29/12/2015 for illegal deduction of such amount and requested to refund back such amount but O.P. no.1 did not pay heed. Complainant submitted R.T.I. application before O.P. no.2 for seeking answer of information but O.P. no.2 did not give any answer, then sent legal notice with a request to return the deduction amount but no result.  Finding no way complainant appears before this Forum for getting relief as per prayer of his complaint.

O.P. no.1 contested the case by filing written statement denying the allegation of complainant, stating inter alia that the case is not maintainable, this O.P. admitted due to clerical/technical/mechanical error such amount of complainant was deducted, complainant was ready to refund back deducted amount, complainant is not entitled to get  any relief and O.P. prayed for rejection of complaint.  

In spite of service of notice O.P. no.2 did not contest the case.  So, case is heard ex-parte against O.P. no.2.   

                                                                                                   

                                              Points for decision :-

1. Is the complainant is maintainable ?
2. Are the opposite parties negligent and deficient in service ?
3. Is the complainant entitled to get relief as prayed for ?    

                             Decision with reasons

All the points are taken together for the convenience and brevity and consideration. We travelled over the case record, documents and evidence. It is admitted fact that the amount of Rs.18,000/- and Rs.1,800/- have been deducted from S/B A/c of complainant in two deficient dates and O.P. no.1 also refunded such amount with interest at belated stage. Now question arises whether O.P.s are deficient in service or not.

To prove the case complainant adduced evidence by submitting affidavit-in-chief and tender himself as witness and submitted documents which are also (mark exhibit 1 to 10). It appears from the S/B Account no. 11888519218 (exhibit-I) that on 07/12/2015 Rs.18,000/- was deducted for NPA recovery and on 15/12/2015 was deducted Rs.1,800/- for TRF To OD Loan. From the several letters i.e. (exhibit 2 to 10) we find that complainant made several correspondences with O.Ps. including legal notice with a request to refund back the illegal deducted amount to the said Savings Bank Account of complainant but O.Ps. did not give any reply rather did not pay heed to the claim.

                                                                                                                                                                Contd……………P/3

 

                                                                                             ( 3 )

O.P. no.1 adduced evidence and examined branch manager of O.P. no.1 who admitted the deduction of such amount and submitted that O.P. no.1 refunded the amount interest. From the exhibit A and B it reveals that O.P. no.1 refunded the deducted amount with interest on 26/07/2017. But O.P. no.1 deducted the amount on 07/12/2015 and 15/12/2015 and complainant repeatedly requested the O.P. no.1 and 2 since 29/12/2015 by sending several letters including legal notice, R.T.I. application even filing  this complainant on 20/03/2017 O.P. no.1 and 2 but  O.Ps. did not pay heed rather ignored the serious allegation against them. Such act or performance of O.Ps. tentamounts to negligence and deficiency in service.  

We find from the deducted amount as per pass book that O.P. no.1 deducted amount from Saving Bank A/c in different dates for the purpose of loan amount but except savings bank account complainant had no transaction with the O.Ps.   O.Ps. have also no case that amount dues from complainant by any type of loan as such amount deducted rather very latter stage to save their skin, O.Ps. admitted and have taken a plea that such deduction was made by clerical/technical/mechanical errors. If there was clerical/technical/mechanical error and when complainant by written complaint on 29/12/2015 intimated the O.Ps. , why  O.Ps. did not take care or not taken  any meassures to rectify the error, rather ignored the several requested of complainant and for the negligent  act of O.Ps. complainant has compel to file this case for getting relief. We find from the complainant petition, complainant at present resides within district of Dung state of  Chhatrisgarh and for conducting the case he has to attending this Forum by a trouble sum journey from such a long distance but O.Ps. did not consider such  thing rather harassed the complainant.

In view of the above discussions we think that complaint is maintainable, for the negligence act and deficient in service complainant has harassed,  suffered mental pain as such  complainant is entitled to get relief.

The complainant case succeeds.                                                                                                                                                                                                                                                                                                                                                                                                                                                      

                      Hence, it is,

                                                 Ordered,

                          that the complaint case be and the same is allowed on contest against the O.P. No.1 and ex-parte against O.P. No.2  with cost. O.Ps. are directed jointly or severally to pay Rs.20,000/- as compensation for harassment, mental pain and agony and to pay Rs.5,000/- as litigation cost to the complainant within one month from the date of this order.

                                                                                                                                                              Contd……………P/4

 

 

( 4 )

 

Failure to comply the order O.Ps. shall be liable to pay Rs.2,000/- per month as penal cost to be paid to the Legal Aid Fund to this Forum till full realization.

                       Let plain copy of this order be given to the parties free of cost.

           Dictated and Corrected by me

                      Sd/- P.K. Singha                                                             Sd/-B. Pramanik. 

                            Member                                                                         President

                                                                                                              District Forum

                                                                                                           Paschim Medinipur