DATE OF DISPOSAL: 25.01.2021.
Dr. Aswini Kumar Mohapatra,President:
The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party (in short the O.P.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he is a bonafide consumer of the O.Ps having its Saving Bank account No.30452385027 at State Bank of India, near Jagannath Temple, Khallikote, Dist: Ganjam and was regulating the saving for quite some time. While the complainant was continuing the said SB account with the O.Ps received the messages in Mobile with regard to withdrawal of Rs.5,64,995/- from the said account on 09.09.2019. The complainant met with the Branch Manager, State Bank of India, Khallikote (O.P. No.1) and submits written complaint on 10.09.2019 requesting to deposit the said amount in S.B. Account No.30452385027. The complainant is also submitted complaint before the O.P.No.2 on 09.09.2019 endorsing copy of the same to the Chief General Manager, State Bank of India, Bhubaneswar. The complainant filed the FIR before the Inspector In-charge, Police station, Khallikote on 09.09.2019. The complainant also filed complaint before the Banking Ombudsman, C/O Reserve Bank of India, Bhubaneswar on 13.09.2019 narrating the details therein. Inspite of all above neither the O.P.No.1 took any positive action for realization of hard earned money of the complainant since 2019 and O.P.No.1 endorsed letter No. 5139 dated 15.11.2019 informing the same to the cyber cell. The complainant runs regularly to the door the O.P.No.1 to get refund of his lost money which happened due to mismanagement of deposited amount. The complainant deposited the hard earned money for safety and with trust. The O.P. not initiated any action for crediting the lost money of Rs.5,64,995/- from SB Account of the complainant and kept silent by endorsing its letter No.5139 dated 15.11.2019. It has been rightly held by the Hon’ble National Consumer Disputes Redressal Commission, India, New Delhi in 2018(3) CPR 202 (NC) Rabi Prakash versus The Manager, State Bank of Mysore that video clipping would have been best evidence to show whether complainant as used ATM or not. Respondent has failed to produce video footage of both machines non supply of video footage is a deficiency on part of Bank- Had bank taken due precaution and care to seriously investigate complaint; video clipping would not have been destroyed. It has also been observed by the Hon’ble Commission that “Bank should be honest in dealing with general complaints”. The complainant took immediate steps and bringing the facts to the notice of the O.Ps and in filing FIR before the police authorities at Khallikote. There was no delay of any kind. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.P.No.1 to credit Rs.5,64,995/- in the S.B. Account No.30452385027 along with bank interest , Rs.50,000/- towards compensation for harassment and mental agony, Rs.15,000/- towards the litigation cost in the best interest of justice.
3. Notices were issued to the Opposite Parties. But the O.Ps did not appear and file their written version on the date fixed as such they are set exparte on dated 09.12.2020.
4. On the date of exparte hearing of the case, we heard the learned counsel for the complainant and have gone through the case record and also perused the materials on the case record. We have also thoughtfully considered the submission made before us by the learned counsel for the complainant. It reveals for the materials on the record that he is a bonafide consumer of the O.Ps having its Saving Bank account No.30452385027 at State Bank of India, near Jagannath Temple, Khallikote, Dist: Ganjam and was regulating the saving for quite some time. While the complainant was continuing the said SB account with the O.Ps received the messages in Mobile with regard to withdrawal of Rs.5,64,995/- from the said account on 09.09.2019. The complainant met with the Branch Manager, State Bank of India, Khallikote (O.P. No.1) and submits written complaint on 10.09.2019 requesting to deposit the said amount in S.B. Account No.30452385027. The complainant is also submitted complaint before the O.P.No.2 on 09.09.2019 endorsing copy of the same to the Chief General Manager, State Bank of India, Bhubaneswar. The complainant filed the FIR before the Inspector In-charge, Police station, Khallikote on 09.09.2019. The complainant also filed complaint before the Banking Ombudsman, C/O Reserve Bank of India, Bhubaneswar on 13.09.2019 narrating the details therein. Inspite of all above neither the O.P.No.1 took any positive action for realization of hard earned money of the complainant since 2019 and O.P.No.1 endorsed letter No. 5139 dated 15.11.2019 informing the same to the cyber cell. The complainant runs regularly to the door the O.P.No.1 to get refund of his lost money which happened due to mismanagement of deposited amount. The complainant deposited the hard earned money for safety and with trust. The O.P. not initiated any action for crediting the lost money of Rs.5,64,995/- from SB Account of the complainant and kept silent by endorsing its letter No.5139 dated 15.11.2019. It reveals from the statement of account of Mr. P.K.Behera, State Bank of India Khallikote from 01.09.2020 to 08.07.2020 of credited amount of Rs.5,88,306/- and debited amount of Rs.6.11.083/-on 09.09.2019 in different transactions. It is pertinent to mention here that the complainant has submitted copy of his Bank statement wherein it reveals that Rs.3,99,996/- has already been credited to the complainant’s account by O.P.Bank on 29.06.2020. The Bank should calculate the account thoroughly of the complainant.
5. On foregoing discussion, it is crystal clear that the O.Ps are negligent in rendering proper service to the complainant as such there is deficiency in service is attributed on the part of the O.Ps. For which the complainant is entitled to get some relief as prayed for.
In the result the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to credit the complainant’s S.B. Account No. 30452385027 as per law after due correction/adjust of debit amounts with up-to-date interest within sixty days from receipt of this order. Further, the O.Ps are directed to pay Rs.3000/- as compensation and Rs.2000/- as cost of litigation to the complainant with the above stipulated period failing which all the dues
shall carry 14% interest per annum. The case of the complainant is disposed of accordingly.
The order is pronounced on this day of 25th January 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
