DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KALAHANDI AT BHAWANIPATNA
C.C. Case No.81/ 2017
Date of Order 30th day of August,2018
P R E S E N T:
Sri Aswini Kumar Sahoo, M.A, LL.B ,OSPS(I) Sr. Retd. President.
Smt.Bhawani Pattnaik,M.A,LL.B,PGDCLP, Member
Kuber Sahu,S/o Late Narendra Sahu, aged about 47 years, Resident of Village Makraguda, P.S.Kegaon, Dist. Kalahandi, At Present At/Po/Ps Dharamgarh, Dist. Kalahandi, Odisha. ………Complainant
Vrs.
The Branch Manager, Utkal Gramya Bank, Hatibandha Branch, At/Po/Ps Hatibandha, P.S.Sinapali, Dist. Nuapad.
Counsel for the parties:
For the complainant: Sri N.R.Mishra & Associate Advocate, Bhawanipatna.
For the O.P: Sri Kunal Behera & Associate Advocate, Bhawanipatna.
JUDGEMENT
The facts of the complaint in brief is that while the complainant was residing at his native village Makraguda in the year 1999 he had opened a Saving Bank Account bearing A/c No.SB 7/2087 and in the year 2000 the complainant settled at Dharamgarh as a regular law practitioner at Dharamgarh Bar . The complainant discontinued in operating the said saving account. In the year a2005 the complainant went to Hatibandha UGB branch to operate his saving account but the OP told that no such saving account is existing in the name of the complainant. As per the Savings Pass Book as on 27th Feb,2001 a sum of Rs.40,500/- is remaining balance in the passbook. Since last twelve years the complainant approaching the OP to make active his saving account and return the balance amount but the OP denied to pay the said amount . The complainant is entitle to get Rs.40,500/- with interest till date. Hence, prayed to direct the OP to return the balance amount of Rs.40,500/- with interest along with compensation of Rs.30,000/- for his mental harassment and agony. Hence, this complaint.
On being noticed, the Opposite Party appeared through Advocate and filed written version denying the petition allegations on all its material particulars. It is submitted by the OP Bank that the complainant has opened an account with a deposit of Rs.200/- and he did not regulate the said account for a pretty long period and there was no further deposit by the complainant and the amount existed in his account had exhausted towards the service charges and very small amount remained which can not be withdrawn and the account was closed automatically. The Opp.Party further contended that the complainant has not deposited Rs.40,000/- in the year 2001 and the account statement and the ledger is silent about such deposit and it is a fake deposit as the complainant has not produced counter foil. The complainant has not approached the OP Bank and has never inquired about such false allegation at any point of time. The complainant is not entitle to get Rs.40,500/- with interest as the allegation is totally false and the OP has not committed any deficiency of service. Hence, the complaint petition be dismissed with cost.
FINDING
In support of the petition the complainant has filed a copy of S/B Pass Book bearing No.7/2087 having account balance of Rs.40,500/- but the last two entries showing balance of Rs.31,400/- and Rs.40,500/- contained no signature of the bank authority. The complainant has also filed a copy of pleader notice dat.10.02.2016 for regularization of his bank account and also acknowledgement card supposed to have been sent with Regd. letter. The AD receipt had got postal seal but all of them are of Dharamgarh the issuing post office and had no signature or seal of the recipient.
On the other hand the Branch Manager, UGB, Hatibandha had filed Vakalatnama and relied on copies of statement(two sheets) of the cash ledger No.7 containing S/B Account number No.7/2087. The Learned advocate for the Opp.Party supporting the stand taken in written version argued that the complainant had only deposited Rs.200/- and opened the account on 20.09.99 and had not deposited any amount in his account there after and as per ledger copy which have been filed , the complainant account was credit Rs.3/- as interest on 30.09.2000,Rs.8/- was credited as interest on Feb,2002, again Rs.8/- was credited as interest on Feb,2003 and Rs.8/- was credited as interest on Feb,2004 and accordingly the balance was Rs.235.00 as on January, 2004. Due to non operation service of Rs.100/- was deducted from the account and the balance comes to Rs.135/- again on February,2005 Rs.5/- was credited as interest to the account and the balance comes to Rs.140/- and again service charges of Rs.120/- was debited from the account and the balance comes to Rs.20/- only and the balance becomes Nil when Rs.20/- was again deducted towards service charges and there after no transaction was comes out by the depositor and the account was automatically closed as per the Reserve Bank guideline.
The OP completely denied any deposit by the complainant in his account bearing Account No.7/2087. The OP further argued that the other entries in the pass book except Rs.200/- was false entry as the pass book was never presented before the branch for any entry. The stand of the OP supported by the copies of ledger filed and relied by the OP.
We perused the pass book filed by the complainant in respect of SB account No.7/2087 after entry of Rs.200/- as on Sept,99 which is admitted by the OP and thereafter five more entries Rs.20,000/- Rs.800/- Rs.1700/- RS.9700/- and Rs.9,000/- remaining last balance being Rs.40,500/- but as discussed above the last entries of Rs.8700/- and totally Rs.31,400/- and Rs.9100/- totaling Rs.40,500/- were signed by the receiving bank staff. The OP as stated above argued that the signature accepting the 1st entry are not of their bank staff are false entry as the pass book have never been presented for any further transaction. We believed the version and argument of the OP as the above entry had never been reflected in the bank account ledger . Further if the pass book would have been presented before the Bank staff during alleged transaction the interest accrued appeared from the cash deposit must have been reflected in the pass book. On the perusal of AD cards(three numbers) filed by the complainant as discussed above are not sufficient to believe that the same has been received by the OP. The complainant has also failed to file any counter foil of pay in slip in support of the deposit as claimed by the complainant.
So from the above discussion and document and basing on the argument of both the parties we are of the opinion that complainant has failed to prove any deposit except Rs.200/- in his account and further failed to prove any deficiency in the part of the Op Bank.
Hence, the petition is dismissed but without cost.
Pronounced in open forum today on this 30th day of August,2018 under the seal and signature of this forum.
Member President
Documents relied upon:
By the complainant:
By the Ops:
- Copy of Bank Pass Book vide SB No.07.2087
- Letter No.8 date. 10.02.16 of complainant to the OP Bank
- Post Card – 3 Nos. In token of acknowledgement
By the Opp.Party:
- True copy of Account statement.
- True copy of Balancing Book
- True copy of serial book President
