Orissa

Debagarh

CC/22/2018

Bimbadhar Pradhan, aged 73 years, S/O-Late Dhubei Pradhan - Complainant(s)

Versus

The Chief Manager, State Bank of India, Deogarh Branch - Opp.Party(s)

20 Mar 2020

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH

C.C. Case No-   22/2018

Present-        Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member (W) and Smt. Arati Das, Member.

 

Bimbadar Pradhan, age 73 years,

S/O-Late Dhubei Pradhan,

R/O-vill/P.O-Suguda,

P.S/Dist-Deogarh.                                                                                        ...Complainant.

                                                                Vrs.

The Chief Manager,

State Bank Of India, Deogarh Branch,

College Road, Deogarh,

P.O/P.S/Dist-Deogarh-768108.

                                                                                                            .…..O.P

Counsels :-

For the Complainant:                     None

For the           O.P:                         Sri. S.K.Ratha, Advocate,

 

 

DATE OF HEARING: 19.03.2020, DATE OF ORDER: 20.03.2020.

Sri Dipak Kumar Mahapatra, President-     Brief facts of the case is that, the Complainant has an saving bank account with ATM facilities in the Bank of the O.P having a balance of Rs 26,494/-. On dtd. 28.05.2018 the Complainant when opted to draw money he found that his account is showing a debit of Rs 2,000/- with a closing balance of Rs.24,494/-. He made contact with the O.P with a request to enquire the matter. On checking the account, the O.P came to know that Rs. 2,000/-has been withdrawn from his account on dtd.08.03.2018. The Complainant requested the O.P to check the Video Footage of the relevant time of withdrawal, to confirm by whom the money is drawn but he claims that the O.P neglected him but suggested him to wait for seven days and to report in the Police station. As after a long time when the matter was not solved, the Complainant became aggrieved and claimed to have been harassed by the O.P in various ways which lead to mental pain and agony. But according to the O.P, on dtd. 08.03.2018 the Complainant has personally withdrawn Rs. 2,000/- from his account through a withdrawal Form at the branch of the O.P.(copy attached with the case records) and after the drawal the available balance amount was Rs.24,494/-.On dtd. 01.06.2018 he submitted an application with the O.P to know about the debit of Rs. 59/- and Rs.2,000/- from his account and the O.P on dtd. 13.06.2018 has replied through letter no-77 that the Complainant has withdrawn Rs.2,000/- personally and Rs. 59/- is debited as service charge for excess debit from his account . So the O.P has not harassed the Complainant and the allegations are false and he has not committed any Deficiency in Service.

 

POINTS OF DETERMINATION:-

1. Whether the Complainant comes under the purview of Consumer Protection Act.1986?
2. Whether the O.Ps has committed any Deficiency in Service and Unfair Trade Practice to the Complainant?

 

From the above discussion and material available on records we inferred that the Complainant comes under the purview of consumer of the O.P as he has a saving bank account in the bank of the O.P. From the copy of withdrawal slip submitted by the O.P as an evidence of withdrawal, it is seen that the Complainant being present in the Bank personally, has withdrawn an amount of Rs.2,000/- from his account on  dtd. 08.03.2018. But the another issue raised regarding extra debit of Rs.59/- may not comes under the Consumer disputes. As per the guidelines of RBI, only the amount of Rs.59/- was deducted from the account of the Complainant towards charges for excess debit from his accounts in previous months. The opposite party has never violated the consumer rights, they never indulged in Unfair Trade Practice, there is no Deficiency of Service to the Complainant according to the Consumer Protection Act-1986, on the part of the opposite party. Hence the Complaint Petition is disallowed being devoid of any merit.

 

Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

            Order pronounced in the open court today i.e. 20^th day of March, 2020 under my hand and seal of this Forum.

 

                I      agree,                                         I     agree,

                                   

          MEMBER(W).                                    MEMBER.                                          PRESIDENT.

              Dictated and Corrected

                            by me.

 

         PRESIDENT.