Tripura

West Tripura

CC/88/2020

Smt. Swapna Ghosh & Shri Jiban Jyoti Ghosh. - Complainant(s)

Versus

The M.D., State Bank of India. - Opp.Party(s)

Self

05 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 88 of 2020.
1. Smt. Swapna Ghosh,
    W/O. -Late Ajoy Kumar Ghosh,

2. Shri Jiban Jyoti Ghosh,
    S/O.-Late Ajoy Kumar Ghosh,
    Both are residents of -
    Madhya Banamalipur,
    North-East corner of Girls Bodhjung School,
    P.O.-Agartala, P.S.-East Agartala,
Dist.-West Tripura, Pin-799001............................................................................Complainants.
    
-VERSUS-

    1. The M.D.,
    State Bank of India,
    State Bank Bhavan, 16th Floor,
    Madam Cama Road,
    Mumbai-400021.
    
    2. The Asst. General Manager,
    State Bank of India, Agartala Branch,
    Melarmath, Agartala,
    P.S.-West Agartala,
    Distt.-West Tripura, Pin-799001.
    
    3. The Branch Manager,
    State Bank of India, Agartala Branch,
    Melarmath, Agartalal,
    P.S.-West Agartala,
    Distt.-West Tripura, Pin-799001...................................................................... Opposite parties.

      __________PRESENT__________

 SRI RUHIDAS  PAL
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL COMMISSION,
      WEST TRIPURA, AGARTALA.

DR (SMT) BINDU PAL
MEMBER,
  DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION,
  WEST TRIPURA,  AGARTALA.

SRI SAMIR  GUPTA
MEMBER,
  DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA.  

C O U N S E L

    For the Complainants            : In person.
 
For the O.Ps.                  : Sri Prabir Saha,
                      Sri Sujit Kr. Banerjee,
                      Sri Asim Kr. Bandyopadhyay,
                      Smt. Sebika Debnath,
                       Advocates.  
                    JUDGMENT  DELIVERED  ON : 05/ 01/2022.
J U D G M E N T
    The Complainants Smt. Swapna Ghosh & other set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.Ps.
    Complainant's case, in brief, is that the Complainants being the Legal heirs of Late Ajoy Kumar Ghosh submitted all the required official documents as per the instructions of the O.P. Nos.2 & 3. Accordingly, on 11/06/2020 an amount of Rs.32,216/- has been transferred to the account of the Complainant No.1. But on the same day the said amount has been debited by the Bank saying that wrongly CLDNW Reversed. Thereafter, on 29/06/2020, the Complainant No.1 filed an application to the O.P. No.2 praying for doing needful to transfer the pension. The O.P. No.2 through letter dated 26/08/2020 informed to the Complainant No.2 that “The deceased claim for Rs.32216/- of Late Ajoy Kumar Ghosh had been settled on 11/06/2020 and subsequently credited to account of Mrs. Swapna Ghosh(Claimant). On further inquiry, they came to know that the excess pension amount for 17 days for Rs.13,700/- has been paid by Centralized Pension processing Centre, Guwahati. Now Rs.13,700/-was recovered from the account of Late Ajoy Kumar Ghosh and the remaining balance in the account will be settled by 31/08/2020.” Thereafter, on 14/09/2020, the Complainant No.2 sent a letter through E-mail to the O.P. No.2 praying for settling the issue, but there was no response to the prayer. Again on 22/09/2020, a remainder prayer has been sent to the O.P. No.2 but no result came forth. After that on 29/09/2020 and 05/10/2020 the Complainants went to the office of the O.P. Nos.2 & 3 but they were harassed by the officials thereon. Lastly, the Complainants again visited the office of the O.P. No.2 who misbehaved with the Complainants using vulgar languages. As a result, the Complainants have approached this Commission praying for justice.
    Hence this case.
2.    On the other hand O.Ps. contested the case by filling written statements.
        In their written statements the O.Ps. submitted para-wise reply to the complaint in seritem. Mostly, O.Ps. denied and disputed averments and averred that the instant complaint is false and concocted and it is liable to be dismissed.
       The O.Ps. in their written statements / written version stated that the deceased Ajoy Kumar Ghosh was the pension holder and each and every month, his pension has been credited to the A/C No.10915292376, under the SBI, Melarmath Agartala Branch and the said pension has been disbursed and credited from the CPPC, Guwahati in the account of the Deceased Ajoy Kumar Ghosh on the day of calendar 25/27 for each and every month. Thereafter, one Smt. Swapna Ghosh, W/O.-Deceased Ajoy Kumar Ghosh, on an application, obtained a Pension Loan amounting to Rs.2,00,000/- which was sanctioned on 11/07/2019, from the SBI, Melarmath Agartala Branch, in which, Deceased Ajoy Kumar Ghosh was the guarantor to secure the said pension loan vide Loan A/C No. 38590341966 and at present the outstanding dues of the said Loan A/C of Rs.1,49,638/-. On 11/06/2020, in terms of their application, SBI, Melarmath Agartala Branch firstly credited the said amount Rs.32,216/-, to the A/C of Smt. Swapna Ghosh, but immediately after crediting Bank found that the 17 days excess pension already credited in the A/C of Deceased Ajoy Kumar Ghosh, which the said A/C is not entitled for the said amount, because, Ajoy Kumar Ghosh already expired on 15/01/2020  and entitled to have the pension for 14 days only for the month of January. So the access amount for 17 days i.e. Rs.13,700/- already credited in his account and also deducted from the said A/C towards access pension.
              The O.Ps. has thus prayed for dismissal of the Complaint.
        EVIDENCE ADDUCED BY THE PARTIES:-
3.        Complainant No.2, Shri Jiban Jyoti Ghosh, S/O.Late Ajoy Kumar Ghosh of Madhya Banamalipur, North-East corner of Girls Bodhjung School  examined himself as PW-I  and he  submitted his examination in chief by way of affidavit. He has produced 6 documents comprising 8 sheets under a Firisti dated 29/10/2020. The documents on identification have been marked as Exhibit – 1 Series.   
         On behalf of the O.Ps. one witness namely Sri Shyam Dhar Dubey, Assistant General Manager as well as Branch Manager, SBI, Agartala Melarmath Branch gave his examination-in-Chief on affidavit. He has produced 03 documents comprising 09 sheets under a Firisti dated 25/01/2021. The documents on identification have been marked as Exhibit – A Series.

POINTS TO BE DETERMINED:-
      (i) Whether there is deficiency of service on the part of the O.Ps towards the Complainant?
    (ii) Whether the complainant is entitled to get compensation/ relief as prayed for?

                                   
5.        ARGUMENTS OF BOTH SIDES :-
                Heard arguments of both sides.
                At the time of argument Complainant No.2, Sri Jiban Jyoti Ghosh submitted that his father Late Ajoy Kumar Ghosh had a savings account in the Bank of O.P. No.1 and his father was a pensioner and his father died on 15/01/2020. Thereafter he submitted all the required official documents as per instruction of the O.P. Nos.2 & 3. Accordingly, on 11/06/2020 an amount of Rs.32,216 has been transferred to his mother's account(Complainant No.1) but on the same day the said amount has been debited by the Bank saying that wrongly CLDNW Reversed. Thereafter, his mother submitted in application on 29/06/2020 to the O.P. No.2 praying for doing needful to transfer the pension of deceased Ajoy Kumar Ghosh but it was not settled by the O.Ps. Mr. Jiban Jyoti Ghosh further submitted that they were harassed by the officials of O.P. Nos.2 & 3 and for that harassment they have come before this Commission for redressal.   
           On the other hand Learned Advocate Mr. Prabir Saha appearing for the O.Ps. submitted that Complainant No.1 obtained a pension loan amounting to Rs.2 lakhs which was sanctioned on 11/07/2019 from the SBI, Melarmath Agartala Branch in which deceased Ajoy Kumar Ghosh was the guarantor during his life time to secure the said pension loan and there is still outstanding dues of the said loan account. SBI, Melarmath Agartala Branch firstly credited the pension amount of the deceased to the account of Smt. Swapna Ghosh on 11/06/2020 and immediately after crediting Bank found that 17 days excess pension already credited to the account of deceased Ajoy Kumar Ghosh which is not entitled because Ajoy Kumar Ghosh expired on 15/01/2020. Thereafter, O.Ps. after adjusting excess amount remaining pension of Late Ajoy Kumar Ghosh was credited to the account of the deceased Ajoy Kumar Ghosh. Mr. Saha further submitted that Complainants after concealing the real facts misleaded this Commission and filed their complaint which is not tenable in law. Mr. Saha further submitted that complaint is liable to be dismissed as Complainants did not come with clean hands and there is also no cause of action for filing this complaint.    
        6.        DECISION   AND  REASONS  FOR  DECISIONS:-
    All the points are taken up together for the convenience for decision.
    We have carefully gone through the pleadings of both parties.
    We have also gone through evidences adduced by them.
    On careful examination of evidences, we found that Complainants have suppressed the fact of taking loan from the O.P. Bank. Even we found that Complainant No.2 in his examination-in-chief on affidavit stated nothing about the fact of taking loan by his mother(Complainant No.1).
    From the evidences of both sides we find that it is admitted fact that on 11/06/2020 an amount of Rs.32,216/- was transferred to the account of Complainant No.1 wrongly. So, we do not find any deficiency in service caused by the O.Ps. towards the Complainants. We also do not find any cause of action for filing this complaint. On perusal of the written objection submitted by the O.Ps. as well as evidences adduced by the O.Ps. we found that there was genuine ground for re-transfering the pension amount as excess pension amount of deceased Ajoy Kumar Ghosh was credited in the account of the Complainant No.1.
7.    On overall appreciation of pleadings as well as evidences of both sides, we find there is no cause of action as well as deficiency in service for filing the instant complaint.  
    Hence, the complaint is dismissed. No costs.
    Supply a certified copy of the judgment to both the parties free of cost.

Announced.

 

SRI  RUHIDAS  PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA

 

 

DR (SMT)  BINDU  PAL
MEMBER,
DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA, AGARTALA    

 

 

SRI SAMIR  GUPTA
MEMBER,
  DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA.