In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 246 /2005 1) Md. Nazimuddin, 4/2/H/1, Mominpukur Road, Kolkata-700023. ---------- Complainant ---Verses--- 1) The Manager, Central Bank of India, Regional Office (South), 5th Floor, 33, N.S. Kolkata-700001. 2) The Branch Manager, Central Bank of India, Kidderpore Branch, 3/1, D.H. Road, P.S. Watgunge, Kolkata-700023. Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 3 0 Dated 1 0 / 1 2 / 2 0 0 9 . 1. The instant case arises out of the petition of complaint filed by the complainant Md. Nazimuddin of 4/2/H/1, Mominpur Road, Kolkata-23 u/s 12 of C.P. Act, 1986 against (1) Manager, Central Bank of India, Regional Office (South), Kolkata, 5th floor, 33, N.S. Road, Kolkata-1 and (2) Branch Manager, Central Bank of India, Kidderpore Branch, 3/1, Diamond Harbour Road, Kolkata-23 with a prayer to (a) direct the o.ps. to credit the deposits of Rs.35,000/- in the credit balance of the complainant’s account which was deducted on 9.11.04 and correct the entries from 9.11.04 to 18.12.04 in the Pass Book of the complainant, (b) pay damages and compensation amounting to Rs.5000/- only, (c) pay litigation cost of Rs.2000/- only and (d) such other order or orders the Forum deems fit and proper. 2. Specific case is that the complainant opened an S.B account being no.17730 with the Central Bank of India, Kidderpore Branch on 1.1.1998 (annex-A). After opening the said account, the complainant used to attend the bank for depositing money and withdrawal of the same. The complainant further stated that on 9.11.04 he deposited a cheque of Rs.12,500/- and subsequently further deposited a sum of Rs.3000/- and Rs.2000/- by cash on 1.12.04 and 18.12.04 respectively but at that time the pass book of the bank was not up dated. But the complainant met the o.p. no.2 in the 3rd week of December, 2004 and asked the o.p. no.2 for up dating his pass book and on getting the pass book up dated the complainant was surprised to note that Rs.35000/- was debited from his account without showing any reason (annex-B). 3. The complainant further stated that he had not withdrawn any amount of Rs.35000/- on 9.11.04 and the total credit balance would be Rs.72001/- only instead of Rs.37001/- only as shown in the credit balance in the pass book maintained by o.p. on 18.12.04. 4. Since there was anomaly in maintenance of pass book it casted a shadow of doubt as to the genuineness of maintenance of accounts in the pass book (annex-B). 5. Thereafter, the complainant had attended the office of the o.p’s office (o.p. no.2) at Kolkata and requested for rectification of entries made on and from 9.11.04 to 18.12.04, but the o.p. did not pay any heed to his request. 6. Finding no other alternative, the complainant sent legal notice on 9.3.05 requesting to clarify the alleged balance of Rs.32001/- as shown in the pass book on 9.11.04 (annex-B of A / E by complainant). 7. The complainants advocate had received a letter dt.28.3.05 in response to his letter dt.9.3.05 wherein it was stated by o.p. no.2 that the entry of Rs.35000/- in the pass book was a mistake and had been corrected on detection (annex-WNA of the complainant). 8. The complainant states that the letter dt.28.3.05 is frivolous, concocted and after though and is without any basis. 9. Hence, the case is filed by the complainant against the o.p. 10. Decision with reasons : Perused the pleadings, affidavit of evidences, BNAs and documents on record. It is a fact that in the pass book of Saving Bank A/C no.17730 of the complainant Rs.35,000/- only was credited on 18.1.03 [Appen-A(3)] of the petition of complainant), but no material evidence, viz. the counterfoil of the deposit slip, was produced before the Forum to establish that Rs.35000/- was deposited in the bank by the complainant. Rather from the annexure-A of the BNA of the o.p. (deposit slip dt.18.1.03), it is evident that the complainant deposited Rs.3500/- only which was written in words and not Rs.35000/- only on 18.1.03. It is also palpably evident from the said deposit slip that there was extrapolation of one zero in the writing of Rs.35000/- only. The amount of Rs.35000/- was erroneously entered in the pass book of the complainant by the o.p. bank which was detected later and debited from the S.B. A/C of the complainant, on 9.11.04 (annex-A & B of petition of complaint). As such, the allegation of the complainant does not hold good. Hence, ordered, the case is dismissed on contest. No order is passed as to cost. But the complainant is directed to make the payment of interest at bank’s savings deposit rate accrued on Rs.35,000/- (Rupees thirty five thousand) only for the period from 18.1.03 to 9.11.04 on receipt of bill from the o.p. bank after their raising of the aforesaid bills. The payment of above interest will be made by the complainant within thirty days from the date of receipt of the bill from the o.p. and in default, the above interest amount will carry interest @ 10% p.a. till its full recovery. Fees paid are correct. Supply certified copy of this order to the parties on receipt of prescribed fees. ____Sd-______ _____Sd-_______ MEMBER PRESIDENT | 
