Jharkhand

Bokaro

CC/16/69

Nand Kishore Sharma - Complainant(s)

Versus

The Chairman, Jharkhand Gramin Bank - Opp.Party(s)

S.M.S Rahman

20 Jul 2022

ORDER

District Consumer Commission, Bokaro.

Case No. 69/2016

 Date of Filing-04-07-2016

 Date of Order-20-07-2022

Nand Kisore Sharma S/o Sri Gagan Sharma

R/o Village- Chamsobad, P.S.- Chas (M),

District- Bokaro, Jharkhand.                   

Vs

1. The Chairman, Jharkhand Gramin Bank,

Rajendra Place,5, Main Road, Ranchi-834001

2. Regional Manager, Jharkhand Gramin Bank,

Kali Mandir Road, Giridih- 815301

3. Branch Manager, Jharkhand Gramin Bank,

Jodhadih More Branch, P.O.- Chas,

•  

 

Present:-

          Shri Jai Prakash Narayan Pandey, President

          Smt. Baby Kumari, Member

                                                -Order-

1. This case has been filed by the complainant with prayer to direct O.Ps. to pay Rs. 30,000/- with applicable interest from 20.02.2015. Further prayer is to award compensation Rs. 1,00,000/- and litigation cost Rs. 5,000/- respectively  against O.Ps.

2.      Complainant’s case in brief is that he is having account No. 404010110000621 in the Jharkhand Gramin Bank, Jodhadih More, Bokaro Branch in which he deposited Rs. 39,000/- and Rs. 30,000/- cash through two separate deposit slips  dt. 20.02.2015 and Rs. 30,000/- through cheque by another deposit slip on 20.02.2015 and all deposit slips and its counter foil have been signed by employee of the same branch. On perusal of the passbook entry it was found that total balance was Rs. 1,02,438/- and cheque amount of Rs. 30,000/- was credited on 27.02.2015 then total balance became Rs. 1,32,269/- amongst which complainant withdrawn Rs. 40,000/- on 09.03.2015 and after deposit the total  balance was Rs. 1,51,269/-. Further case is that on 31.03.2015 inspite of deposit of Rs. 30,000/- balance was not maintained and it was learned that the amount Rs. 30,000/- deposited on 20.02.2015 has been deducted from the account of the complainant hence he requested the bank officials for credit of that very amount by showing counter foil but it has not been done hence legal notice was given having no impact, thereafter, case has been filed.

3.      O.Ps. have filed W.S. and denied regarding deposit of cash Rs. 30,000/- on 20.02.2015 by the complainant. Further reply is that due to clerical as well as technical error such mistake has been occurred and complainant is trying to take benefit of it. Further reply is that complainant has not deposited total cash Rs. 69,000/- on 20.02.2015 and the counter foil shown by the complainant is the counter foil of cheque amount. Hence it is prayed to dismiss the case.

4.      Point for consideration is that whether complainant is entitled to get relief as claimed ?

5.      To prove its case complainant has produced photo copy of the counter foil dt. 20.02.2015 ( Annexure- 1 & 1/A) through which he has deposited Rs. 39,000/- and Rs. 30,000/- in his account. Photo copy of letter written to superior officers of the bank (Annexure-2). Photo copy of reply dt. 20.07.2015 given by the bank to the complainant (Annexure-3), photo copy of legal notice and its reply (Annexure-4 & 5) , photo copy of pass book of the complainant (Annexure-6) and photo copy of account statement of the complainant (Annexure-7)  have been filed.

6.      On behalf of the O.Ps. two witness namely Rajesh Kumar and Indu Bhushan Singh have been examined and they have identified the signature of bank officials on the counter foil related to deposit of Rs. 30,000/- cash on 20.02.2015 in the account of the complainant which has been marked 1.

7.      On perusal of the counter foil of the deposit slip dt. 20.02.2015 as well as photo copy of the pass book it is apparent that on 20.02.2015 Rs. 30,000/- cash has been deposited by the complainant in his account and it has been dully entered in the relevant papers of the bank along with the passbook. It is admitted fact that on 31.03.2015 said Rs. 30,000/- has been deducted from the account of the complainant for which his consent has not been obtained. If O.Ps. have detected the mistake on 20.02.2015 then why it was not rectified on same day or on next day it has not been explained by the O.Ps. From 20.02.2015 till before 31.03.2015  there was no step by the O.Ps. for rectification of their mistake as alleged. Therefore, after lapse of a long period it cannot be said that action taken by the O.Ps. by deduction of Rs. 30,000/- from the account of the complainant without his consent is a justified action. In other words, there is deficiency in service by the O.Ps. Accordingly this point is being decided in favour of the complainant.

8.      In light of above discussion prayer of the complainant is being allowed in the manner indicated bellow:-

          O.Ps. are directed to pay Rs. 30,000/- with interest @ 4% per annum  from 20.02.2015  till making  payment to the complainant within 60 days from the date of receipt or production of the copy of this order. Further they are directed to pay Rs. 5000/- as compensation and Rs. 2000/- as litigation cost within 60 days from today.