Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : Suman Kumar Mukhopadhyay
Date of filing of the case :31.07.2019
Date of Disposal of the case : 17.07.2023
(2)
Final Order / Judgment dtd.17.07.2023
Complainant above named filed this complaint u/s 12 of the Consumer Protection Act, 1986 against the aforesaid opposite party praying for direction to refund Rs.5,000/- in her favour, interest at the rate of 12 % since 01.08.2017, compensation amounting to Rs.10,000/- and cost of the case amounting to Rs.10,000/-.
She alleged in the petition of complaint that on 01.08.2017 she deposited 5 pieces of two thousand rupee note before the OP bank but erroneously she noted Rs.1,000X5 and amount has been written as five thousand. After sometimes she realised her wrong and informed the matter to the cashier of the bank. But he stated that complainant deposited 10 pieces 500 rupee note.
OP appeared in this record and filed W/V. He stated that complainant had got no account in Punjab National Bank, Krishnagar Branch. She had came to deposit a sum of Rs.5,000/- in the account no.0121010403156 which stands in the name of Tipti Biswas who had got this account at New Barackpore North 24 Parganas and complainant had came to deposit the sum of Rs.5,000/- in the then United Bank of India, Krishnagar Branch now Punjab National Bank, Krishnagar Branch. Complainant herself having full knowledge had entered sum of Rs.5,000/- in the voucher in her hand writing and she has given 10 pieces of five hundred rupee note to the cashier.
Before 01.08.2017 demonetisation took place, as a result thousand rupee notes were not available in the market. After sometimes of aforesaid deposit complainant all on a sudden came before the Manager and had filed a written complaint and stated that she had given ten thousand which is false statement. Bank official has been harassed by the bad conduct of the complainant who is neither the customer of the bank nor she has got any relation with the bank.
Trial
During trial complainant filed affidavit in chief. OP filed interrogatories and complainant filed answer. OP did not file any evidence.
Documents
Complainant produced the following documents viz :
- Original deposit slip which stands in the name of Tipti Biswas.........(One sheet)
- Document issued by Kotwali Police Station dated 13.10.2017(Diary No.1235).........(One sheet)........(Original)
(3)
- Xerox copy of complaint filed by the complainant before the OP containing receiving endorsement and note of the Branch Manager........(One sheet)
Brief Notes of Argument
Complainant filed BNA. OP filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP, affidavit in chief filed by the complainant, documents filed by the complainant, BNA filed by the complainant and BNA filed by the OP. We have carefully considered the same.
On perusal of petition of complaint and affidavit in chief of the complainant, we find that complainant alleged that he deposited Rs.10,000/- before the OP bank. But on perusal of original deposit slip we find that Rs.5,000/- has been deposited in the OP/ bank on behalf of Tipti Biswas. In the said document amount five thousand has been written in figure and amount five thousand has been written in language.
On perusal of copy of complaint, we find that complainant lodged complaint before the Branch Manager and Manager gave receiving endorsement over the said document. He also gave following note over the said document.
“Prima facie, it is observed that our cashier has received the signed amount as per voucher. There is no lapses on our part. If dissatisfied, she may contact our Nadia Regional office Krishnagar Mr. Prosanta Halder he was in charge of counter no.1.”
During her Ld. Adv. for the complainant argued that complainant actually deposited Rs.10,000/- but he erroneously written Rs.5,000/- in the deposited voucher. But complainant could not produce any document in support of the fact that he deposited Rs.10,000/- before the cashier of OP bank.
In absence any documentary prove it is difficult to believe that complainant deposited Rs.10,000/- before the OP bank.
Ld. Adv. for the complainant further argued that complainant deposited 10 pieces of thousand rupee note before the cashier of OP bank but as per W/V of OP on that date due to demonetisation thousand rupee note were not available in the market. Complainant could not file any documents in support of the fact that on 01.08.2017 thousand rupee note were available in the market.
(4)
Moreover, aforesaid amount has been deposited in the account of Tipti Biswas. Complainant deposited the said amount as a representative of Tipti Biswas. Said Tipti Biswas is not the party of this case. She is the actual account holder of the said account. She is the best person who could say the actual fact before this Commission. But complainant did not take any attempt to produce her before this Commission.
In view of the aforesaid discussion, it is clear before us that complainant has failed to established his grievance by sufficient document.
In the result, present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed on contest against the OP but without any order as to costs.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
