Ld. Advocate(s)
For Complainant: Md. Baharuzzaman/Satyabrata Ghosh
For OP/OPs : Samiran Basak
Date of filing of the case :19.02.2021
Date of Disposal of the case : 05.07.2023
Final Order / Judgment dtd.05.07.2023
Complainant above named filed this complaint u/s 34 and 35 of Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction upon OP No.4 and OP No.2 to pay Rs.46,850/-, direction to OP NO.1-4 to pay compensation amounting to Rs.1,00,000/- for loss and damages, direction to OP NO.1-4 to pay Rs.2,00,000/- as compensation , direction to OP NO.1-4 to pay interest over Rs.46,850/- and other reliefs.
He alleged in the petition of complaint that he has one savings bank account vide no.1193946470 with the OP NO.5. He being a resident of Krishnagar usually being operating the said account from the Krishnagar Branch that is from OP NO.4.OP NO.2,3,4 and 5 are subordinate of OP NO.1. On 23.07.2019 complainant made an application before OP No.4 in prescribed form for remittance of fund through NEFT intending to transfer a sum of Rs.46850/- to the account of “Executive Engineer, Nadia Division PHED” (more commonly stated as WBDP) bearing account no. WBDP 1409766 with ICICI bank, Mumbai with IFSC-ICIC0000104. OP No.4 has debited Rs.46,850/- from the aforesaid savings bank account of complainant. Subsequently, he came to learn that said money has transferred to the account no.WBDP1408766 instead ofWBDP1049766. Thereafter, he pursue the matter to the OP NO.4, they advised that WBDP1048766 is the account of same authority. He further advised the complainant to take up the matter with the said authority. But OP No.1 and 4 did not take any steps to refund the aforesaid account to the account of complainant. On the other hand, aforesaid amount has transferred to the account no.WBDP1408766 and aforesaid amount is still now lying in the said account. OP No.1 & 4 did not take any steps to return back the aforesaid amount to the account of complainant after deducting the same from the aforesaid account. Hence the complainant filed this case.
(3)
Case is running ex-parte against OP NO.1-3 and 5. OP No.4 filed W/V. He denied the entire allegations and further contended that complainant had mentioned the account no. WBDP 1408766 and accordingly money has transferred to the said account so there is no latches on their part. They prayed for dismissal of the case.
Trial
During trial complainant filed affidavit in chief. OP No.4 did not file questionnaire.
Documents
Complainant produced the following documents viz :
- Xerox copy of Application for fund transfer under RTGS/NEFT dated 23.07. 2017........(One sheet).......(Annex-A1)
- Xerox copy of acknowledgement dated 23.07.2019 amounting to Rs.46850/-........(One sheet).......(Annex-A2)
- Xerox copy of Account statement vide account no.1193946470......(One sheet)........(Annex-A3)
- Xerox copy of letter issued by complainant to Branch Manager,CBI Krishnagar Branch dtd. 31.07.2019 .......(One sheet).........(Annex-A4)
- Xerox copy of letter issued by complainant to Executive Engineer, Nadia Division, Krishnagar dtd. 09.06.2020........(Three sheets)........(Annex-A5)
- Xerox copy of reply issued by Executive Engineer, Nadia Division, Krishnagar to complainant dated 19.06.2020....(One sheet)......(Annex-A6)
- Xerox copy of letter issued by complainant to Branch Manager, CBI, Krishnagar dtd.11.06.2020 with Xerox copy of Postal Receipt and Track Report.....(Three sheets)........(Annex-A7)
- Xerox copy of reply letter issued by CBI, Krishnagar Branch to complainant dtd. 20.06.2020.........(One sheet).......(Annex-A8)
- Xerox copy of letter issued by complainant to Branch Manager, CBI, Krishnagar Branch dtd. 30.06.2020 with Xerox copy of Postal Receipt and Postal T/R........(Three sheets)........(Annex-A9)
10)Xerox copy of reply letter issued by CBI, Krishnagar Branch to complainant dated 08.07.2020........(One sheet)..........(Annex-A10)
11)Xerox copy of letter issued by complainant to Branch Manager,CBI dated 28.08.2020 with Xerox copy Postal Receipt.........(Three sheets).......(Annex-A11)
(4)
OP NO.4 produced following documents:-
- Xerox copy of letter issued by complainant to Branch Manager, CBI, Krishnagar Branch..........dtd. 30.06.2020........(Two sheets).......(Annex-IV)
- Xerox copy of reply letter issued by CBI, Krishnagar Branch to complainant dated 08.07.2020...........(One sheet)..........(Annex-V)
- Original copy of Application for fund Transfer under RTGS/NEFT dated 23.07.2019.........(One sheet)........(Annex-I)
- Original copy of Account statement period from 04.07.2019 to 31.07.2019.....(Two sheets).........(Annex-II)
- Net copy ............(One sheet)..........(Annex-III)
Brief Notes of Argument
Complainant filed BNA. OP No.4 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint, W/V filed by OP No.4, affidavit in chief filed by complainant, BNA filed by complainant and BNA filed by OP No.4. We have carefully considered the same.
On perusal of original application form produced by OP NO.4, we find that complainant made an application before the OP NO.4 for transfer of sum amounting to Rs.46,850/-.
On perusal of bank statement, we find that OP NO.4 deducted Rs.46,850/-.
Ld. Advocate for the OP NO.4 argued that complainant mentioned account no. “WBDP1048766”.
Ld. Advocate for the complainant argued that he had mentioned with account no. WBDP1409766.
On perusal of record, we find that at the time of filing the complaint, complainant produced Xerox copy of acknowledgement receipt issued by OP NO.4 in favour of the complainant.
On careful perusal of the said document, we find that OP No.4 mentioned the account number that is account of beneficiary as WBDP1409766.
(5)
On perusal of original application form filed by the OP No.4, we find that account number of beneficiary has mentioned. But OP NO.4 treated the digit “9” as “8” as a result aforesaid dispute has arisen.
On careful perusal of the said document, we find that it is clear before us that account number is WBDP1409766. In the application form complainant has mentioned the same. There was a scope of verify the said account after making a phone call to the complainant in his cell phone regarding the actual account number but OP No.4 did not do so.
So, it is clear before us complainant rightly mentioned account as WBDP1409766 and OP No.4 admitted the same by issuing an acknowledgement receipt mentioning the account no.WBDP1409766.
When the aforesaid defect was brought to the notice of complaint then he informed same to OP NO.4 but OP No.4 did not take any initiative to return back the said account in the savings bank account of the complainant. He by ascertaining reason tried to avoid the matter. He could easily solve the problem but did not do the same. OP No.4 told that beneficiary of both the account are same so complainant can take up the matter with the Executive Engineer, Nadia Division.
In this context, we have carefully gone through the Xerox copy of letter dated 19.06.2020 issued by Executive Engineer by Nadia Division PHE Engineering dated 19.06.2020, we find that he stated by the said letter that there is no scope from their end to deal the matter. He further contended that procedure was conducted wholly by the bank. He requested the complainant to solve the matter finding proper way.
From the aforesaid letter it is clear before us that matter was beyond the control of Executive Engineer, Nadia Division.
On careful perusal of record, we find that complainant is the consumer and OP No.1- 5 are service provider.
Having regard to the aforesaid discussion it is clear before us that complainant has established his grievance against OP No.1-5 and he is entitled to relief as per his prayer.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP NO.4 and allowed ex-
(6)
parte against OP No.1-3 and 5 with cost of Rs.3,000/-(Rupees Three thousand) to be paid by OP No.4 in favour of the complainant.
OP No.4 and other OPs are jointly or severally directed to refund Rs.46,850/-(Rupees forty six thousand eight hundred fifty) in favour of the complainant within one month from this date failing which aforesaid amount shall carry interest at the rate of 9% per annum from this day to till the date of actual payment failing which complainant shall have liberty to put this order into execution.
OP No.4 and other OPs are jointly or severally directed to pay Rs.10,000/-(Rupees Ten thousand) as compensation in favour of the complainant within one month from this day failing which aforesaid amount shall carry interest at the rate of 9% per annum from this day to till the date of actual payment.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
