The Complainant has filed this case alleging deficiency-in-service by the O.P, where O.P is the Branch Manager, UCO Bank, Birla Tyres Branch, Kuruda, Balasore.
2. Factual matrix of the dispute is that the Complainant having a S.B Account with O.P-Bank having Account No.20140100002473 being operated by him properly. The Complainant applied for withdrawal from his P.F Account for his daughter’s marriage and accordingly, a sum of Rs.30,000/- (Rupees Thirty Thousand only) was transferred to his above said account on 14.07.2012. On 11.08.2012, the Complainant had been to the Office of the O.P for withdrawal of money, where he came to know that a sum of Rs.30,075/- (Rupees Thirty Thousand seventy five only) has been misshaped in his above said account in different occasions i.e. Rs.10,000/- (Rupees Ten Thousand only) on 19.07.2012, Rs.15,000/- (Rupees Fifteen Thousand only) on 25.07.2012, Rs.3,075/- (Rupees Three Thousand seventy five only) on 01.08.2012 and Rs.2,000/- (Rupees Two Thousand only) on 06.08.2012. The Complainant lodged a complaint to the O.P on the same day in this matter, where O.P assured to settle the matter very soon. Thereafter, the Complainant made written complaint before the O.P on 24.07.2013 and on 28.01.2014 regarding above said matter, but the O.P did not pay any heed to it. Then, the Complainant served an Advocate notice to the O.P on 18.10.2014, but the O.P neither made query nor returned back his money even on receipt of the said Advocate notice. In addition to it, the O.P did not turn up for any remedy or rectification, even after several requests and personal approaches made by the Complainant in this regard. Thus, the Complainant filed this case for return back his money/ amount along with compensation from the O.P.
3. The Advocate for O.P appeared in this case, but did not file written version and the O.P is set ex-parte.
4. In order to substantiate their pleas, the Complainant has filed certain documents like 3 xerox copies of Postal receipts, one Account Statement and one xerox copy of Advocate notice in his support, whereas the O.P has not filed any document in his support. Perused the documents filed. It has been argued on behalf of the Complainant that Rs.30,000/- (Rupees Thirty Thousand only) has been credited in his Account bearing No.20140100002473 on 14.07.2012 and from the Account Statement, it is found to be correct. But on 11.08.2012, he came to know that a sum of Rs.30,075/- (Rupees Thirty Thousand seventy five only) has been debited from his above said account, the details of which has been mentioned in his complaint petition. On verification of the Account Statement, we found that Rs.10,000/- (Rupees Ten Thousand only) on 19.07.2012, Rs.15,000/- (Rupees Fifteen Thousand only) on 25.07.2012, Rs.3,075/- (Rupees Three Thousand seventy five only) on 01.08.2012 and Rs.2,000/- (Rupees Two Thousand only) on 06.08.2012 has been withdrawn from his Account in total Rs.30,075/- (Rupees Thirty Thousand seventy five only). He has complained to the Bank Authority in different occasions and has no result. Though the Complainant has filed Postal receipts for sending the letters to the Bank Authority about this incident, he has not filed copy of such letters. On verification of Account Statement, it is found that a sum of Rs.3,075/- (Rupees Three Thousand seventy five only) was regularly debited from his Account. So, the alleged amount of Rs.3,075/- (Rupees Three Thousand seventy five only) debited on 01.08.2012 cannot be said to be a false one under due prudence. But regarding rest three amount, the Bank is silent even after receiving of Complainant’s letters and Advocate notice also and did not file any written version challenging the plea of the Complainant. So, it is presumed that entire matter is within the knowledge of the Bank Authority and he remained silent. The entire allegation of Complainant except amount of Rs.3,075/- (Rupees Three Thousand seventy five only) remains uncontroverted, for which it amounts to deficiency of service on the part of the O.P-Bank.
5. So, now on careful consideration of all the materials available in the case record, this Forum come to the conclusion that this Consumer case is allowed for deficiency of service on the part of the O.P-Bank and the O.P is liable to credit Rs.27,000/- (Rupees Twenty Seven Thousand only) to the Account of the Complainant followed by interest @ 4% per annum from 06.08.2012 till credit along with compensation of Rs.1,000/- (Rupees One Thousand only) and litigation expenses of Rs.500/- (Rupees Five Hundred only) within the stipulated period of 30 days from the date of receiving of this Order and failure to comply the same will carry interest @ 9% per annum, which will meet the ends of justice in this case. Hence, Ordered:-
O R D E R
The Consumer case is allowed on ex-parte against the O.P with cost. The O.P is directed to credit Rs.27,000/- (Rupees Twenty Seven Thousand only) to the Account of the Complainant followed by interest @ 4% per annum from 06.08.2012 till credit along with compensation of Rs.1,000/- (Rupees One Thousand only) and litigation expenses of Rs.500/- (Rupees Five Hundred only) within 30 days from the date of receiving of this Order, failing which it will carry interest @ 9% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.P to comply the Order.
Pronounced in the open Forum on this day i.e. the 31st day of July, 2017 given under my Signature & Seal of the Forum.