Tripura

West Tripura

CC/46/2020

Sri Abhishek Debnath. - Complainant(s)

Versus

The Branch Manager, Tripura Gramin Bank - Opp.Party(s)

Mr.P.K.Chakraborty, Smt.G.Roy

07 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 46 of 2020.

Sri Abhishek Debnath,
S/O.-Sri Debasis Debnath,
Of. Paharmura, P.S.-Khowai,
    P.O. -Paharmura, Pin-799201,
Dist.-Khowai Tripura, …..................….........…...............................................Complainant.

-VERSUS-

 

    1. The Branch Manager,
    Tripura Gramin Bank,
    Khowai Officetilla Branch,
    Khowai Tripura,
    P.O.-Khowai Court,
    Dist.-Khowai Tripura, Pin-799202............................................................... Opposite Party.
    

  __________PRESENT__________

 SRI RUHIDAS  PAL
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL COMMISSION,
      WEST TRIPURA, AGARTALA.

DR (SMT) BINDU PAL
MEMBER,
  DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION,
  WEST TRIPURA,  AGARTALA.

SRI SAMIR  GUPTA
MEMBER,
  DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA.

 

C O U N S E L

    For the Complainant        : Sri Pijush Kanti Chakraborty,            
                      Smt. Gitanjali Roy,
                      Advocates.
For the O.P.             : Sri Tapan Kumar Modak,
                      Advocate.

            JUDGMENT  DELIVERED  ON : 07/01/2022.
J U D G M E N T
              The Complainant Sri Abhishek Debnath, set the law in motion by presenting the complaint petition U/S 12 of the Consumer Protection Act, 1986  complaining deficiency of service by the O.P.
        The Complainant's case, in brief, is that the Complainant is a student of NIT, Agartala, having S/B Account bearing no. 8044011911493 at T.G.B. Khowai Office Tilla Branch. Since the claimant is residing at Agartala for the purpose of studies, he requested his father to update his passbook. On 7.12.2019 father of the complainant updated the said passbook and informed him through whats-sap by sending a photograph of the status of his passbook that an amount of Rs.1000/- has been debited from his account and only Rs.200/- is lying in the said account, therefore it has came to the notice of the complainant that an amount of Rs.1000/- has been unauthorizedly and by exercising fraud been debited from his account through CWDR/SBI D.M. Office ATM Counter KHOWAI/000000009052/   0512190951 whereas no ATM card was issued to him nor any intimation was given to him in respect of the issuance of such ATM in his favour. Father of the complainant brought the entire matter of forgery to the notice of the Branch Manager, T.G.B. Khowai Office Tilla Branch through a written complaint on 7.12.19. Although the branch manager having knowledge about the unauthorized withdrawal of Rs.1000/-, he expressed his inability to return the money at that moment to the complainant. Later on, the Branch manager tried to console the father of the complainant and told that he’ll try his best to find the person who has committed the fraud and the matter will be redressed very soon and the manager also informed the father of the complainant verbally that no ATM was delivered to the complainant at any point of time. The above mention facts clearly indicates the gross negligence of the bank authority. Due to fraudulent transaction in his account, the complainant was unable to purchase books and was unable to fulfill his day to day expenditure for the purpose of his study. After completion of the examination of the complainant he along with his parents went out for a tour and for that purpose he was unable to communicate with the branch manager and after returning from the trip, he communicated with the branch manager on 27.12.19 and tried to know whether the money Rs.1000/- was refunded with other refundable charges which was deducted from his bank account but all of his efforts were in vain. It is stated that the complainant never applied for any ATM Card from the concerned bank and for that the question of issuance of ATM card doesn’t arise. More that, if any Bank delivers any card at any point of time to their esteemed customer, the authority always maintains register through which after signing the register ATM is delivered to the customer. Having no other alternative complaint Lodged a FIR in the Khowai police station against the concerned bank vide Case No. Khowai P/S FIR No.2020 KHW 0001under section 420 of IPC and subsequently the complainant came to know that a worker of the concerned Bank, Namely Sri Ranjit Munda applied for an anticipatory bail before the Court of Sessions Judge Khowai related to this FIR. After a lot of communication with the O.P. bank, the complainant did not get his money back. Therefore, he informed the matter to Mr. Anand Prakash (GM) Banking Ombudsman, North Eastern States on 14.1.2020 and after that T.G.B khowai returned an amount of Rs.1000/- to the account of the Complainant without assessing any interest of that amount. Bank Authority also deducted some charges from that amount which is not payable by the complainant. The Banking Ombudsman didn’t compensate the complainant for that unauthorized deduction of Rs.1000/- and he also doesn’t apply his  judicial  mind when he adjudicated the matter. For the above mentioned fraudulent activities complainant filed this instant case for an amount of claiming interest on Principle amount of Rs.1000/-, ATM charges of Rs.120/-, Minimum Balance charges of Rs.16/-, Lawyers Fee for Rs.40000/-, Per Day 100/- as per General Instructions covering the TAT while claimant could not make any transaction through his account w.e.f 7.12.2019 to 19.05.2020 (270 days x Rs.100/-) i.e., Rs.27000/- and Rs.32,864/- for academic loss, mental shock and agony and other losses as a whole Rs.1,00,000/- with up to date interests on the entire amount from the date of presentation of the application.
        Hence this case.
 2.        On the other hand O.P. contested the case by filling written statement.
    In the written statement the O.P. submitted para-wise reply to the complaint in seriatim. Mostly, O.P. denied and disputed the averments made in the complaint.           
    In the written statement it is also stated that O.P. denied and disputed the instant complaint petition and O.P. submitted in their written objection that the instant complaint petition is liable to be dismissed since the matter was already decided by the Banking Ombudsman and the complainant has no right to file this complaint as the Bank authority credited Rs.1000/- to the savings account of the complainant as per order/instruction of the Banking Ombudsman.  
3.        EVIDENCE ADDUCED BY THE COMPLAINANT:-
              Complainant has examined himself as PW-I and his father as PW-2 and submitted their examination-in-Chief by way of Affidavit. In this case the complainant produced 06 documents comprising 20 sheets under a Firisti dated 16/06/2020. The documents are namely Memo of claim petition, Annexure-1 written intimation/complaint to Bank dated 07/12/2019, Annexure-2 copy of Bank Pass Book & Bank Statement, Annexure-3 copy of FIR, Ejahar & order of B.A-06/2020 dated 24/02/2020, Annexure-4 copy of written complaint to Banking Ombudsman with Postal receipt and written intimation of the Branch Manager, T.G.B Office Tilla Branch dated 19/05/2020 & Vokalatnama. On identification the  documents are marked as Exhibit-I series.
            On behalf of the O.P. one witness namely Shri Tamal Debnath, S/O. Shri Gakul Debnath, Branch Manager of Tripura Gramin Bank, Khowai, Office Tilla Branch has been examined. He has produced 11 documents comprising 33 sheets under a Firisti dated 15/03/2021. The documents on identification have been marked as Exhibit – A Series.    
POINTS TO BE DETERMINED:-
     On perusal of the pleadings of both parties and having regard to the evidence adduced by the parties, the following points are to be determined:     
        (I) Whether there is any deficiency of service on the part of the O.P. towards the Complainant ?
    (II) Whether the complainant is entitled to get  any compensation/relief as prayed for?                                                                   
5.        ARGUMENTS :
        Heard argument of both sides.
        At the time of argument Learned Counsel of the Complainant submitted that Complainant is a student of NIT in Civil Branch at Agartala and have a S/B Account at T.G.B., Khowai Officetilla, Branch. On updating the said Pass Book on 07/12/2019 father of the Complainant informed him through whats App by sending a photograph of his Pass Book which showed an amount of Rs.1,000/- has been debited from his account and only Rs.200/- is lying in the said account. Therefore it has came to the notice of the Complainant that an amount Rs.1,000/- has been unauthorizedly and by exercising fraud withdrawn from his account using ATM Card though no ATM Card was delivered to the Complainant at any point of time. Thereafter, Complainant became astonished how the transaction took place which is clearly negligence of Bank Authority. Thereafter, father of the Complainant brought to the notice of the Bank Manager about the unauthorized withdrawal of Rs.1,000/-. Ultimately O.P. brought the matter into the notice of the Khowai, Police Station and filed a complaint on 15/02/2020. Complainant being a student of NIT faced financial problem for want of money in respect of his study. Branch Manager of O.P. Bank consoled his father that he will try utmost to find out the person who committed the fraud and the matter will be redressed very soon. Learned Counsel further submitted that after investigation Police detected that one Ranjit Munda used the ATM Card and withdrawn the money. Ultimately as per order of the Banking Ombudsman the O.P. refunded the money amount of Rs.1,000/- without any interest and also compensation. Learned Counsel submitted that the judgment and order of the Ombudsman could not satisfy the Complainant regarding his sufferings and that is why Complainant has filed this complaint before this Commission for getting redressal.
        On the other hand Learned Counsel of the O.P. submitted that the Complaint is not tenable in law as the matter was decided by the Banking Ombudsman and the Complainant got his lost money from the O.P. It is also submitted that on the basis of application O.P. Bank has issued ATM Card in favour of the Complainant but it was not delivered to the Complainant though repeated verbal communication was made. Learned Counsel of the O.P. admitted that O.P. Bank came to the knowledge that Rs.1,000/- was debited in the savings account of the Complainant from a letter dated 07/12/2019 submitted on behalf of the Complainant. On receiving of the said letter O.P. Bank has enquired and it was found that Rs.1000/- was debited on 05/12/2019 through ATM Counter of the SBI situated at Khowai. Thereafter, O.P. Bank informed the Khowai Police Station and filed a complaint. Learned Counsel of the O.P. further submitted that Complainant filed a complaint before the Banking Ombudsman, Guwahati for getting relief and ultimately O.P. Bank refunded Rs.1,000/- on 04/05/2020 in the savings account of the Complainant as per direction of the Banking Ombudsman. Learned Counsel further submitted that since Complainant got his relief the instant complaint petition is not tenable in law and it is liable to be dismissed.        
DECISION AND REASONS FOR DECISION:
          All the points are taken up together for the convenience for decision.
              We have carefully gone through the pleadings of both parties  as well as evidences of both oral and documentary.
                  On perusal of the pleadings we find that it is an admitted fact that an amount of Rs.1,000/- was unauthorizedly and fraudulently withdrawn from the account of the Complainant by some one else using ATM Card though no ATM Card was delivered to the Complainant from the O.P. Bank. It is also admitted fact that the Complainant informed the matter to Banking Ombudsman, North-Eastern State Office of Banking, Guwahati in writing and therefore in response to the order of Banking Ombudsman Branch Manager, O.P. Bank refunded an amount of Rs.1,000/- on 19/05/2020 in the account of the Complainant. From the evidences we find that no compensation was given to the Complainant for his financial sufferings being a student of NIT for the unauthorized withdrawal of the money from the account of the Complainant. No doubt the Complainant mentally & financially suffered for without any fault of him.    
               On over all appreciation of the evidences of both parties we found that there was negligence on the part of the O.P. Bank to solve the problem speedily and O.P. Bank took much time for refunding the money which caused deficiency in service.
7.              So, we are in the opinion that the Complainant has been able to prove his case U/S. 12 of the Consumer Protection Act, 1986 in respect of deficiency in service on the part of the O.P. Bank. At the same time we hold that Complainant is entitled to get a compensation of Rs.10,000/- for his mental agony and also entitled to a litigation cost of Rs.5,000/- i.e. means Complainant is entitled to Rs.15,000/-(Rs.10,000/- + Rs.5,000/-) in total from the O.P. Bank by way compensation and litigation cost.
             O.P. is directed to make the payment in the account of the Complainant within 02 months from the date of this judgment and if O.P. fails to comply the order within 02 months then it will carry interest @ 9% per annum from the date of judgment till the payment is made in full.   
              Accordingly complaint is partly allowed.
                Supply a certified copy of the judgment to the both parties free of cost.
                    Announced.

 

SRI  RUHIDAS  PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA

 

 

DR (SMT)  BINDU  PAL
MEMBER,
DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA, AGARTALA    

 

 

SRI SAMIR  GUPTA
MEMBER,
  DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA.