Before District Consumer Dispute Redressal Forum, Darjeeling.
24, M.C.Road, Chotta Kak Jhora, Darjeeling.
P.O. & Dist. Darjeeling, Pin – 734101
Heading of the Judgement
PRESIENT : SHRI SANDIPAN BANDYAPADHYAY
MEMBER : Ms. SUJATHA AGARWAL
MEMBER : SHRI PRADIP KUMAR SIDDHANTA
Consumer Case No. 11/D/2017
Sri Norbu Tshering Tamang,
Son of late Dhan Bahadur Tamang,
Resident of Teacher’s Colony,
C/o Subham Niwas, Near Joredhara,
P.O., P.S. Kalimpong -734301.
………………………….. Complainant.
V-E-R-S-U-S
.
The Manager,
State Bank of India,
Main Road Branch,
P.O., P.S. kalimpong—734301. ……………………………. Opposite Party.
For the Complainant ………………….. Sri Arbind Kumai,
Sri Avinash Subba(Advocates)
For the O.P. …………………… Shri. Mazer Ali(Advocate)
Date of Filing : 0 6.06.2017
Date of Disposal : 15.05.2018
Time Taken : 152 days
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Judgement.
C.C.Case no.11/D/2017
The instant case has been filed on 06.06.2017 under sec. 12 of the C.P. Act by Sri Norbu Tshering Tamang,son of late Dhan Bahadur Tamang,resident of Teacher’s ColonyC/o Subham Niwas, Near Joredhara,P.O., P.S. Kalimpong against The Manager,State Bank of India,Main Road Branch,P.O., P.S. Kalimpong.
The brief fact of the case is that the complainant is a costumer of State Bank of India, Main Road Branch, Kalimpong having savings account No. 20169394538. The complainant wanted to close the above Savings account and to transfer the remaining balance to his another account no. 31323079600 of the same bank and hence he submitted an application for closure of the account No. 20169394538 on 01.04.2017. The bank authority endorsed a note on the said application asking the complainant to furnish KYC documents and to deposit a minimum of Rs. 500/- only in the said account.
On 03.04.2017, the complainant’s application along with KYC documents was duly received at the counter of the bank. Thereafter, the complainant tried to deposit Rs. 1000/- but unfortunately, the payment was not accepted by the computerized system of the bank without assigning any reason and hence the bank authority advised him to deposit money on the next.
On 18.04.2017, the complainant deposited Rs. 1000/- in the Savings account no. 20169394538 vide cheque no. 010759 dt. 18.04.2017 from the joint savings account No. 2264625789 of Central Bank of India, Kalimpong .
To the utter surprise of the complainant the above deposited amount of Rs. 1000/- was not reflected in the Savings account No. 20169394538 of State Bank of India, Kalimpong.
Despite several requests both verbally and in writing, the State Bank of India, Kalimpong, neither updated nor did close the account and debit the remaining balance amount to the complainant’s A/c No. 31323079600.
Being aggrieved, the complainant did not have any alternative than to approach the Ld. Forum , praying for the following reliefs:
- Direction to the O.P. to update the Savings Bank A/c No. 20169394538.
- To close the A/C No. 20169394538 after updating it.
- To transfer the remaining balance amount in A/c. no. 31323079600.
- Compensation of Rs. 50,000/-.
- Litigation cost of Rs. 20,000/-.
The complainant filed the following documents in Xerox in support of his case:-
- Pass Book( first page of Central Bank of India, Kalimpong)
- Cheque No. 010759.
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Judgement.
C.C.Case no.11/D/2017
3. Deposit receipt of Rs. 1000/-.
4. Pass Book of A/C. no. 20169394538.
5. Application dt. 01.04.2017.
6. Application dt. 4.5.2017( 2 pages).
The O.P. entered appearance through his Ld. Advocate Sri Mazer Ali on 15.12.2017 by filing V.Nama and a petition praying for time for filing written version. Thereafter, the O.P. neither filed his written version not did anyone appear on his behalf. Hence, the case was fixed for exparte hearing.
The complainant filed his affidavit in chief and the case was taken up for exparte hearing on 25.4.2018.
Points for Consideration.
- Is there any negligence and deficiency in service on the part of the O.P.?
- Is the complainant entitled to the reliefs as claimed for?
Decision with Reasons.
Both the points taken together as they are inter related. Perused all the materials on record.
From the letters filed by the complainant, it is reflected that he had approached the O.P. for closure of his Account No. 20169394538 and to transfer the balance money in his Account No.31323079600. Despite approaches made by the complainant the O.P. bank failed and neglected to attend to the grievances of the complainant and the complainant was made to run from pillar to post for relief. Ultimately he had to approach the Ld. Forum for relief. This amounts to gross negligence and deficiency in service on the part of the O.P. and hence , the complainant is entitled to the reliefs as claimed for but in part.
Hence, it is
O R D E R E D
that the C.C. case no. 11/D/17 be and the same is hereby partly allowed exparte against the O.P.
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Judgement.
C.C.Case no.11/D/2017
The O.P. is directed to update Savings Bank A/c. No. 20169394538 of the complainant andthen to close the said account after transferring the remaining balance amount in the complainant’s A/C No. 31323079600.
The O.P. is further directed to pay a compensation of Rs. 25000/- and litigation cost of Rs. 20,000/- to the complainant.
The order has to be complied with within 30 days from the date of order, failing which the O.Ps. shall be liable to pay additional interest @ 6% p.a. on the entire decreetal amount and the complainant shall be at liberty to proceed with Execution Proceedings u/s 25/27 of C.P. Act.
Let the copies of the order be supplied free of cost to the parties under the provision of Order 5,Rule 10 of W.B.C.P. Rules.
