DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No.41/2018

Date of Filing:                       Date of Admission:                 Date of Disposal:

    18.01.2018                                    25.01.2018                              29.03.2023

P R E S E N T                 :-    Smt. Monisha Shaw …………………. Member.

                                        :-     Sri.  Abhijit Basu      …………………. Member.

          JUDGMENT/FINAL ORDER

          The complainant filed this case U/s. 12 of the Consumer Protection Act, 1986.

          The brief facts of the case is as under-

          Complainant No. 1 named Jotirmoy Sarkar has a joint account with his wife named Smt. Mallika Sarker being S.B. Account No. 11562013076 (joint Account). Complainant No.2 named Joydip Sarker has a single account at the same bank being account No. 32890563798. The complainant No.2 is a student and son of complainant No.1. On 01.06.2015 it came to the knowledge of complainant No.1 that Rs. 40,000/- withdrawn from the account of his son (complainant No.2 ) which is single account by one withdrawal form where signature is the complainant No.1. It was mentioned that on 14.05.2015 Rs. 40,000/- withdrawn by complainant No.1 which is joint account. Hence, the doubt arise that how complainant No.1 shall withdraw money from the single operated A/C of complainant No.2. It is submitted and alleged by the complainants that it may be fact that the withdrawal slip was wrongly written and

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C.C. No.41/2018

somehow it was lost and which was utilized by bank. The authority and the opposite paraty kept the said withdrawn under their custody without given the said amount.  Complainants went to Branch Manager and even the wife of the complainant No.1 went to Branch Manager but in vain. Complainant demanded to O.Ps for show the withdrawal slip and backside signature of the withdrawal slip, C.C.T.V footage as the said Bank under CCTV surveillance but the Bank authority did not show the said CC TV footage and withdrawal slip. It is also alleged by the complainant that the Service Manager threatened the complainant to face CBI and also pressure to put the signature of the complainant No.2 on the withdrawal slip which was under the custody of the Bank and one person also introduced as a police personnel named Subhas, he also threatened for not to proceed further in this regard. The complainant also submitted that on 20.06.2015 the O.P. member first time vide his letter No. 13M/41.168 dated 06.06.2015 states that the said amount was withdrawn on 16.05.2015 mentioning erroneously from the Account No. 32890563798 instead of Account No. 11562013076 and that is why the same is kept held on 06.06.2015 without prior intimation. Branch Manager also called over telephone to meet after 04.00  p.m. and before 07.00 p.m., but the O.Ps did not attained as it was beyond office hour, complainant No.2 (single) Account holder sent letter to Bank Manager  Belghoria Branch dated 23.06.2015 that the signature might have also manipulated and this fact should be brought to light as cybercrimes are often taken place etc. The complainant made a complain to Banking Ombudsman but the same has been rejected under clause 15 © of Banking Ombudsman Scheme 2006 without reasonable opportunity of being heard. It is also alleged and submitted by the complainant in BNA that on or about the petition made a notice to the Banking Ombudsman asking for all correspondence with Bank and there was a writing of Ombudsman asking for all correspondence with Bank and that there was a writing above the signature of the petitioner on the said office copy of the letter dated 13.08.2015. The petitioner further states that the banking authority written the sentence above-‘I confirm that on 16^th May the account No. written by me as 32890563198 instead of 11562013076’. The petitioner never writing these words and the petitioner never withdraws the said amount. This was written by banking authority. This hand writing was not the petitioner’.

          The O.P was appeared and filed written version and denied all statement of the complainants. The O.P submits that on the self same matter the Branch Manager, Belghoria Branch of SBI lodged FIR at Belghoria stating the facts. The Belghoria P.S received the complain on 10.06.2016 at 09.15 Hrs. being P.S. case No. 440 dated 10.06.2016 U/s. 420 of I.P.C. The O.P was absent at the time of argument and after submitting written version. Hence, heard exparte.

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C.C. No.41/2018

Issues framed for the purpose of decision

1.Whether the case is maintainable or not?

2. Whether the complainant is entitled to get relief or reliefs as prayed or not?

Decision with reasons

          Considering the facts and circumstances as well as nature and character of the case all the points are interlinked with each other as such all the points are taken up together for consideration. The case is within the territorial and pecuniary jurisdiction of this commission. The complainants are the separate account holders at the SBI, Belghoria Branch. The relation of father and sonn is not entertain able as all the persons are separate identity. It is not clear that how one person can withdraw money from other person’s account. It is the duty of the cashier and also Branch Manager to verify the signature, account number, balance etc. and thereafter disburse the money to the bearer or account holder. In the instant case the signature was not the Account holder and the backside of the withdrawal from was not produced by the Bank before this commission. The complainant submits that opposite party sent a letter dated 20.06.2015 and 21.08.2015 mentioning erroneous debit entry in account No. 32890563798 and intimated to the complainant that the account No. 1156201376 has been kept on hold for reversal of error entry. The complainant also denied that the endorsement that ‘I confirm that on 16^th May the account No written by me as 32890563198 instead of 11562013076’. But the hand writing was not challenged by hand writing expert.

          The opposite party filed FIR before the P.S, Belghoria being P.S. Case No. 440 dated 10.06.2016 U/s. 420. Banking authority takes steps by lodging the FIR which is well known by the complainant but regarding the result of the FIR complainant did not make any whisper in written notes of argument or submission by the advocate of the complainant.

          It is found from the case record that one criminal case is pending on the self same matter in other Forum. The FIR lodged in the year 2016 and this case loeged in the year 2018 on the self-same matter.

          Under such circumstances this commission is a view that if the prayer of the complainants be allowed by this commission there is every possibility of judicial chaos. Two proceeding cannot run on the self same matter. Therefore this case dismissed with a liberty to file complains case afresh after completing the criminal procedure on the self-same matter.

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C.C. No.41/2018

Hence,

                         it is ordered

          that the case being No.41/2018 be and the same is dismissed on merit with contest as the O.P(s) filed written version. Though the argument heard exparte as O.P(s) were not take any steps after filing written version.

          The case is dismissed with contest without cost with a liberty to file fresh complains case after disposal of criminal proceeding.

           Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member

Member                                                                Member