As per direction of the hon’ble SCDRC odisha cuttack vide its L No 3078 dot 31.12.10 the case is taken up by and disposed of on merit present president not participated in this case as he was having power for the complainant the prior appoint as president of this forum.

This is a complainant for a direction to ops to pay a sun of Rs 54,258 with interest from 15.5.07 to till payment.

The case of the complainant in brief is that the complainant on dot 14.5.07 deposited a sum of Rs 11,000/- at S.B.I Joda Branch which is to be credited to his account No 10173758789 of campus branch, Bhubaneswar towards building loan EMI of ICICI Bank, Bhubaneswar with the impression that the joda branch having core banking facilities and accordingly obtained receipt/counterfeit of deposit receipt duly granted by Joda S.B.I Branch and accordingly as per practice the I.C.I.C.I Bank deposited the post dated cheque given by the completion dot 13.6.07 at OUAT branch Bhubaneswar towards EMI but due to non deposit of the said amount it was bounced as a result SBI bank declared a sum of RS 80/- as honouring charge and ICICI bank charged RS 1178/- as EMI overdue  and for such action of Ops complainants repetition also got damaged and when this matter enquired the op No 2 absent the complainant in front of the local reporter of daily samaj like idiot non sense bloddyfull and commanded to get out from the bank and on dot 5.7.07 this complainant intimated by Op 1 that the amount was deposited and on enquiry from ATM it is ascertained that this amount has not credited and such & financial loss and hence this complainant. In support filed Xerox copy of counterfoil dot 14.5.07 latter from the complainant to ops except Op No 2 letter dot 22.6.07 from Op nos letter dot 5.07.07 from ICICI Bank regarding overdue amount of RS 1178 ATM Slip dot 31.7.07.

After service of notice Op No 1 3,4,5 filed joint version stating that There is no cause of action to file this case and the case is bad for Mis-joinder of Unnecessary parties and these ops are least concern the deposit of RS 11,000/- made by the complainant and denied the deposit of  Rs 11,000/-made by the complainant on dot 14.5.07 and denied that allegation of intimation to complainant that the joda branch was having core benching facility of the then time and Op no 2 has taken steps to retuned the amount to the complainant as it was the branch as a bankers cheque on it could not be deposited as the branch has no core banking facilities and as such on 5.7.07 the money was credited to his account and hence therein no deficiency of service on the part of these ops and prayed to dismiss the case against the ops.

Op No 2 filed separate version stating that this op is working for as manage credit at SBI joda branch and hence allegation by name not maintainable and admitted that the complainant on dot 13.6.07 along with another person appeared when this op is office  defecting the duty of chief manager and asked the Op no 2 by showing cash receipt of RS 11,000/- dot 14.5.07 and enquired why this amount has not credited this op regretted for the inconvience caused through no way connected with the alleged transaction and denied the allegation made against him and further stated that joda branch mitigated to core banking solution form 19.6.07 and credited the amount of the complainant on 05.7.07 and prayed to dismiss the case with cost.

In support filed true copy of statement of account. True copy of S/C payee slip dot 14.5.07 true copy of Bankers cheque.Perused the material available in the record. Admitted the complainant has deposited a sum of RS 11,000/- dot 14.4.07 in the ops joda beanch towards his A/C No 10173753739 and it was kept by the official of joda branch and the then time not refunded the  to the complainant intimation that this bank has no core balance facility. So here the op bank committed fault and such negligent work of the official of op bank can of ops complainant sustained loss of banking charges of RS 80/-and RS 1178/-towards delay payment charges. That besides we have no doubt that denial plea taken by the Op no 2 that he has not misbehaved the complainant is not acceptable as if reveals from the letter dot 5.7.07 of the chief manager joda SBI branch addressed to the complainant that this bank has taken suitable action against the erring official for improper dealings to the complainant which also prove that the Op No 2 who was in charges of chief manager in absence of regular manager on the date of incident i.e 14.5.07 has misbehaved the complainant and showing misbehavior towards customer is not exportable from the bank officials and hence the Op no 2 is personally liable for his untowards behavior to he complainant and hence,personally liable for compensation.On this back drop,we hold that the Op No 2 ie kishore chandira Biswal is the only person who is th personally liable and accordingly if is ordered and op 2 is directed to pay the complainant a sum of rs 3000/- towards compensation for mental agony and cost  of litigation and  other ops are also jointly and severally liable  to neglisant work of  the employes coursing financial loss towards cheque balance charges and RS 1178/- towards overdue charges as charged to the complainant by the ICICI bank.Accordingly the case is disposed of this order be complied by the ops within 30 days after that the amount will only 8% interest till payment served to Op no 2  this address through present B.M Joda branch in case Op 2 i.e  the errng officer presently if not working at joda branch.