West Bengal

Paschim Midnapore

CC/35/2018

Shri Prakash Bera - Complainant(s)

Versus

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

Diptendu Ghosh

14 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

    Bibekananda Pramanik, President,

    Pulak Kumar Singha, Member

and

Sagarika Sarkar, Member

Complaint Case No.35/2018

Sri Paresh Bera, S/o-Late Kalipada Bera,

Vill &  P.O.-Rajganja, P.S.-Chandrakona (T),

Dist- Paschim Medinipur.

                                                               ………..……Complainant.

Vs.

                           The Branch Manager, United Bank of India,

                        Chandrakona Town Branch (1609), Gosaibazar,

                                    P.O. & P.S.-Chabdrakona (T),

                                     Dist- Paschim Medinipur.

                                                                            .....……….….Opp. Party.                                                    

              For the Complainant: Mr. Diptendu Ghosh, Advocate.

              For the O.P.               : Mr. Santanu Das, Advocate.

                                                          

                                                           Date of filling:- 02/04/2018

   Decided on    : -14/06/2018

                               

ORDER

                          Pulak Kumar Singha, Member –Complainant files this case u/s 12 of C.P. Act.

       In short the case of the complainant is that complainant has a saving bank account to the O.P.-Bank being account no.1609010003018. O.P.-Bank from 05/01/2017 was starting debit Rs.2,000/- per month in the account of SBI Mutual Fund being no.4009134 without consent and knowledge of complainant. Complainant had no such Mutual Fund which has shown in the saving pass book of complainant, such amount of Rs.2,000/- has been debited per month from saving bank account of complainant, several

                                                                                                     Contd………………….P/2

 

 

                                                                                        ( 2 )

times intimated the O.P.  to stop debit such amount and returned back debited amount to his S/B Account but O.P. did not pay heed. Complainant on 22/09/2017 made a written complain to the O.P.-Bank and subsequently on 03/11/2017 made complain before Banking Ombudsman as well as Nodal Officer of UBI but no reply reached to the complainant. Even O.P. did not heed to legal notice, sent to the O.P. vide letter dated 15/02/2018 which received on 20/02/2018. Finding no way complainant approached before this Forum for getting redressal against O.P. as per prayer of his complaint.

 O.P. contested the case denying the allegations of complainant stating inter alia that the complaint petition is not maintainable, complainant was an instruction of ECS mandate to debit Rs.2,000/- per month in A/C of SBI Mutual Fund. On  enquiry O.P. found that system electronically debited Rs.2,000/- per month from 05/01/2017 to 05/08/2017 wrongfully. O.P. credited the wrongful debited amount Rs.16,000/- to the S/B account of complainant on 26/04/2018. The prayer of the complainant has already been fulfilled as such the complainant is not entitled to get any relief as prayed for, O.P. prays for dismissal of complaint.                      

                                                                                                   

                                                   Decision with reasons

                        We travelled over the complaint, written objection, evidence and documents and it appears that fact of the case is that without consent and without  knowledge of  complainant O.P. debited Rs.2,000/- per month from the savings bank account of complainant and credited in the account of ‘SBI Mutual Fund’ in favour of complainant  but complainant raised protest and made several complain before O.P. and other banking  concerned places but in vain. O.P. credited the total debited amount on 26/04/2018 to the saving bank account of complainant and submits that it was wrongly debited.

Complainant to prove his case files examination-in-chief with affidavit and submitted some documents which are exhibited. Complainant also tendered himself as witness in evidence and he also cross-examined by O.P. From the pass book (Exhibit-I) it  appears that O.P. was starting debit Rs.2,000/-  per month in the account of ‘SBI Mutual Fund’ from 05/01/2017 to 05/08/2017 without the consent and knowledge of the complainant.  Complainant raised objection to the O.P. with the prayer to refund the debited amount to the S.B. account. But O.P. did not pay heed. From the documents (exhibit-1 to 6) it reveals that complainant lodged complaint before O.P., banking ombudsman, Nodal Officer of O.P. and also legal notice upon the O.P. but O.P. did not pay heed to the complain of the complainant. From exhibit-6 i.e. postal track report shows

                                                                                                    Contd………………….P/3

 

 

                                                                             ( 3 )

that legal notice, O.P. received on 20/02/2018 even thereafter O.P.-Bank feel no necessity to reply the legal notice.

 O.P. did not adduce any evidence to defence their case. O.P. by filing written objection has taken plea that such debited amount was wrongly done by O.P. as such O.P. return the amount. From the documents it reveals that O.P.  neither produced any consent letter or any singed form  or any kind of ECS auto debit  consent for debiting the amount of  Rs.2,000/- per month to deposit in the account of ‘SBI Mutual Fund’. Everybody knows that in case for purchasing any product from any concern there is must necessary some documents transaction with consent and signed by the purchaser but in the instance case O.P. has fail to prove such type of transaction with the complainant. O.P. has taken plea that such monthly debit done in wrongly act and it has done by the E.C.S. system, so, O.P. has nothing to do. It is crystal clear from the exhibit 1 to 6 that besides the oral complain and raised objection, complainant  lodged complain to the O.P. and its various concerning office   to stop such illegal debit in every month and refund back the debited amount to the complainant’s S/B account but O.P. did not pay heed to the  objection of complainant. Curiously enough that after filing the instance case u/s 12 of C.P. Act against O.P. and after receiving the summon from this Forum on 17/04/2018. O.P. think that they have no document to prove for purchasing such SBI Mutual Fund by the complainant, O.P. has credited the total debited amount Rs.16,000/- to the complainant’s S/B account. We find now a days in every Govt. sector, Govt. undertaking sector and non Govt. Banking/Financial sectors are doing such type of illegal act or forcefully debited the amount from the saving bank account of the general public without their consent for investing the amount either mutual fund or any insurance product etc.  for going their capital either by own or through commission as an agent of the company.

In view of the discussions here in above we think, that not even a foolish person can believe that consequently debited same amount for eight months from S/B account is wrongly done without consent or knowledge, any product sale or illegal debit is not a fare business of a financial institution.  In the instant case we find from the documents that complainant raised objection for such type of illegal debit from his S/B account for several occasions but O.P. did not pay heed and after getting summon from this Forum O.P. has credited the debited amount to the S/B account of complainant. For such conduct of O.P. it is proved that if complainant would not appear before this Forum for getting redrssal, O.P. never stop illegal deduction or squishing money from the account of general public. We find from the pass book that a panic creates upon the mind of complainant, for such he withdraws his maximum amount from his account and as such O.P.  debited amount for penal cost for non-maintaining minimum balance amount.

                                                                                                   Contd………………….P/4

                                                                  

                                                                   

                                                                                     ( 4 )

Under such circumstances we find that for illegal act of O.P., complainant has been suffering harassment, mental pain and financial loss. It is admitted that O.P. has credited the total debited amount to the S/B account of complainant after long episode of drama.

In view of the above discussions herein above we think that O.P. was negligent and act as unfair trade practice upon the complainant as such complainant is entitled to get compensation and litigation cost.

Complaint case succeeds.               

                                        Hence, it is,

                                                           Ordered 

                                                              that the complaint case be and the same is allowed on contest against the O.P. with cost.

                       O.P. is directed to pay Rs.15,000/- for negligent act and unfair trade practice,  to pay Rs.2,000/- as litigation cost to the complainant within one month from the date of order.

            Failure to comply the order O.P. shall be liable to pay Rs.2,000/-per month as penal cost to the Legal Aid Fund of 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/- S. Sarkar                           Sd/-B. Pramanik. 

                                Member                                         Member                                      President

                                                                                                                                     District Forum

                                                                                                                                  Paschim Medinipur