DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO.114/2016
Sri Krushna Chandra Dakua, aged about 48 years,
S/o – Sri Braja Bandhu Dakua, At- FR-105/7, Chandrasekharpur,
Phase-II to V, Sailashree Vihar, PO- Sailashree Vihar,
PS- Chandrasekharpur, Bhubaneswar, Dist- Khurda
…. Complainant
-Vrs.-
Branch Manager, Vijaya Bank, OGNB Branch,
Odisha State Housing Board Building, Sachivalaya Marg,
Unit – III, PO/PS- Kharvel Nagar, Bhubaneswar, Dist – Khurda
…. Opp. Party
For the complainant : Mr. K.K.Panda & Associates (Adv.)
For the O.P. : Mr. P.Ch. Rath (Adv.)
DATE OF FILING : 28/03/2016
DATE OF ORDER : 15/11/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 12 of the C.P.Act, 1986.
2. The complainant’s case in brief is that, he sent Rs.52,000/- from his account at Vijaya Bank to the account of one Smt. Parbati Tarasia, who had an account in Andhra Bank, Vikash Puri Branch, New Delhi through NEFT mode. While filling the application form for NEFT, he entered name of the Parbati Tarasia but he wrote a wrong account number which does not belong to Parbati Tarasia. However, the amount of Rs.52,000/- was credited to the account number as mentioned by the complainant in the application form for NEFT. When he enquired from Parbati Tarasia, he came to know that the amount was not credited to the account of Smt. Parbati Tarasia. Parbati Tarasia also enquired from Andhra bank, Vikash Puri Branch, New Delhi and came to know that, the amount was credited to the account of one Rustum Ali. The complainant contacted the OP several times in this regard but the OP did not take any firm action, rather disowned their responsibility on the plea that in the application form for NEFT, the account number of the beneficiary was wrongly mentioned, as a result of which, the amount was credited to the account number of another person. The complainant then sent a legal notice to the OP calling upon him either to credit the amount to his account or to the account of Parbati Tarasia. But it did not yield any result. Hence this complaint.
3. On the other hand, the OPs filed written version contending therein that, the complaint is not maintainable. There is no cause of action to file this complaint. The OP admits that the complainant had sent Rs.52,000/- through NEFT to one Parbati Tarasia but in the application form for NEFT, he mentioned a wrong account number for which the amount was credited to the account number as mentioned by the complainant in the application form. It is further averred by the OPs that, after receipt of the complaint from the complainant, they wrote a letter to the Chief Manager, Andhra Bank, Vikash Puri Branch, New Delhi to reverse the amount and to credit it to the proper account number. However, the Chief Manager, Andhra Bank, Vikash Puri Branch, New Delhi, replied that, Rustum Ali, to whose account, the amount was credited had withdrawn the entire amount and there is no remote chance of getting back the amount from Rustum Ali, who informed that he had spent the money. Thereafter, the Chief Manager, Andhra Bank, Vikash Puri Branch, New Delhi, could not contact the said Rustum Ali. It is further averred by the OPs that, when money is sent through NEFT, there is no such mechanism to match the account number with the name of the account holder as the same belongs to a different bank. The pith & substance of the plea of the OP is that due to wrong mention of the account number by the complainant, the amount was credited to the account number of another person. The OP bank has not committed any deficiency in service. As such, there is no merit in the complaint petition and it is liable to be dismissed.
4 Perused the materials on record. The fact admitted by both parties is that, the complainant sent Rs.52,000/- through NEFT to the account number 126710100010420 in Andhra Bank, Vikash Puri Branch, New Delhi. As the account number to which the amount was credited was wrongly mentioned by the complainant, the amount was credited to the account of a wrong person. That person withdrew the entire amount and the Andhra Bank, Vikash Puri Branch, New Delhi, expressed their inability to recover the said amount from the person who had taken away the money. Money paid by mistake can be recovered. Here, Andhra Bank, Vikash Puri Branch, New Delhi, who is to recover the amount from Rustum Ali, who has taken the money. But the Andhra Bank, Vikash Puri Branch, New Delhi has not been made a party in this complaint. Therefore, the complaint is bad for non-joinder of necessary party. Hence it is not maintainable. Accordingly it is ordered.
ORDER
The complaint is hereby dismissed on contest against the OP being not maintainable and devoid of merit.
The order is pronounced on this day the 15th November, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
