West Bengal

Paschim Midnapore

CC/174/2016

Sri Gopal Kumar Bhunia - Complainant(s)

Versus

The Branch Manager, U.C.O. Bank - Opp.Party(s)

09 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and

Kapot Kumar Chattopadhyay

   

Complaint Case No.174/2016

 

Sri Gopal Kumar Bhunia S/o-Late Arabinda Bhunia, Vill & P.O.-Mahisda, 

P.S.-Keshpur, Dist-Paschim Medinipur…..….………Complainant

Versus

The Branch Manager, UCO Bank, Keshpur Branch, P.O. & P.S.-Keshpur,

Dist-Paschim Medinipur………....…Opposite. Party.

 

 For the Complainant:  Mr. Diptendu Ghosh,  Advocate.

 For the O.P.              :       

 

Decided on: - 09/02/2017

                               

ORDER

                         Mrs. Debi Sengupta, Member – The fact of the complainant in a nutshell is that the complainant has on account being K.C.C. no.0942050100017 with the UCO-Bank, keshpur branch. The said account deals only Kishan Credit Loan and the said account was opened by the complainant  on 10/04/2014 and on the same date Rs.49,000/- was credited in the  said account as Kishan Credit Loan.  The complainant states that he is  a bonafide customer of UCO-Bank  and previously also the complainant had taken Kishan Credit Loan and he paid the entire amount along with the interest within due time. The complainant further states that in the month of November-2015 while the complainant went to the O.P.-Bank to up-to-date his passbook of the said account it is revealed that since 18/07/2017 till 30/09/2015 Rs.36,874.04 has been debited from the said account on 18/07/2015 Rs.5,000/-. On 18/07/2015 further

Contd………..P/2

                                         

( 2 )

Rs.10,000/- on 18/07/2015 further Rs.10,000/- on 18/07/2015 further Rs.10,000/- on 20/07/2015 Rs.7,600/- on 17/09/2015 Rs.3,204/- and on 30/09/2015 Rs.4,242/- and those debits have been shown as CWDR Ledger folio charges Int C etc.  After noticing such anomaly and wrong entries the complainant contacted with the O.P.-Bank but he did not get any satisfactory reply.  The complainant states that he never withdrawn any amount on those days.  The complainant also requested the Branch Manager to rectify the wrong entries as it is gross misconduct and malafide fraud practice on the part of the O.P.-Bank   but the O.P.-Bank did nothing. The complainant submitted written application to the O.P.-Bank. But though received the written application the O.P.-Bank  did not take any steps  any receipt copy of the same. The complainant states that the O.P.-Bank never issued any A.T.M. or debit card to the complainant. Having no other way the complainant sent Advocate Letter on 26/12/2015  by registered post with A/D requesting the O.P. to rectify the wrong entries within 7 days. But having received the letter and after elapsed the 7 days the O.P.-Bank did not take any steps.  Finding no alternative way the complainant has compelled to file this  present complainant against the O.P.  It is now clearly indent that due to negligent of the O.P.-Bank and intentional lacking activates and some malafide intention O.P.  has made such wrong entry in the pass book  of the complainant which tantamount to deficiency in service and prayed before the Ld. Forum with a direction to rectify the wrong entries with remarks that the said amount have not been debited and those amount to the credited in the said account of the complainant and the interest taken upon the such account to be relaxed. The complainant prays before the Forum for compensation of Rs.40,000/- and Rs.20,000/- as litigation cost from the O.P.-Bank. In view of the fact it is crystal clear that the O.P.-Bank did not provided service to the complainant and did not correct  the wrong entries  after several request.

                  So, it is a fit case to hold that the complainant has proved the allegation of deficiency of service against the O.P.-Bank.

                   Notice of this case was duly served upon the O.P.-Bank. But  in spite of service of such notice none appear on behalf of the O.P.-Bank and the case has been proved ex-parte against the O.P.-Bank.

                  In this connection to prove this case some document have been filed by the complainant and he tenders affidavit-in-chief  supported by an affidavit.

                         Documents filed :-

1)Copy of the passbook being no.09420501000617

2)Advocates letter dated 26/12/2015                         

Contd………..P/3

                                         

 

( 3 )

3)Delivery  report with posted slip dated 28/12/2015

4)Advocates letter dated 25/10/2016 with postal slip

5)Delivery report dated 26/10/2016.

                                        Hence,

                                                     it is,

ORDERED

                                                                   that the complainant case be and the same as allowed ex-parte.

                The complainant do get Rs.20,000/-  for the compensation and Rs.5,000/- for litigation cost for deficiency of service  payable by the O.P.-Bank  to the complainant. O.P.-Bank is also directed to rectify the wrong entries with remarks that the said amount has been debited and those account to be credited in the said account of the complainant and the interest taken upon such  account to be relaxed within 60 days from the date of this order.

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

             Dictated and Corrected by me

                     Sd/- D. Sengupta.                Sd/- K.K.Chattopadhyay.                    Sd/-B. Pramanik. 

                          Member                                     Member                                         President

                                                                                                                                District Forum

                                                                                                                             Paschim Medinipur