Smt. Sangita Paul, Member

This is a case filed by Shri Pritam Manna S/o. Ananda Kumar Manna of Village & P.O. – North Bawali, P.S. – Nodakhali, Dist. – 24 Parganas (South), Pin – 743 383 against the Manager, State Bank of India, with a prayer to contact the authorities of Bank of Baroda for the refund of the amount to the complainant , to provide Rs.10,000/- as a compensation to the complainant for the deficiency in service and mental harassment and agony and to pay cost of litigation.

OP is the Manager, State Bank of India.  The address is State Bank of India, Bakhrahat-Rajpur Road, (near Thakurpukur Bazar), Thakurpukur, Kolkata, West Bengal. Pin – 700 063.

The complainant by filing this case states that he is account holder of the OP Bank namely State Bank of India, being A/C. No:20017108474.  His wife Mrs. Subarna Manna has an account in Bank of Baroda bearing A/C. No.45080100008658.  On 27.06.2019, the complainant wanted to do two transactions from his account to his wife’s account of Rs.20,000/-. (Rs.10,000/- each) through IMPS, but by mistake the complainant had written a wrong account no. being 45080100008656. 

The Complainant contacted with Bank of Baroda and also submitted a petition to the OP Bank, State Bank of India as well as Bank of Baroda to refund the money to the complainant’s account.  In this respect the complainant was informed by Bank of Baroda that IMPS Department of State Bank of India would have to mail to Bank of Baroda regarding the matter.  Only the Bank of Baroda can proceed further and process the refund to the complainant.  The complainant tried to follow up for several times.  The complainant requested the OP Bank to mail to Bank of Baroda regarding this.  But the OP Bank did not solve the problem of the complainant.  The OP did not take any initiative to Bank of Baroda.  The complainant again visited the office of the OP Bank, but the OP’s reply was the most unfortunate.  The OP tried to by-pass his liability and the OPs were delaying intentionally and denied to co-operate.  The OP appears to be irresponsible and reluctant.  Due to gross negligence of the OP, the complainant had been suffering monetary loss.  It is clear that the complainant was harassed and cheated by the OP.  The issue of the complainant has not yet been resolved.  The honest effort of the complainant went in vain.  The OP is reluctant to redress the grievance of the complainant. 

The complainant sent a legal notice to the OP on 22.07.2022, but the OP did not give any reply to that effect.  That the cause of action arose on 22.07.2020.  And it is still continuing. 

The complainant prays for directing the OP to contact the authorities of Bank of Baroda for refund of the amount to the complainant, to provide Rs.20,000/- as a compensation to the complainant for deficiency in service and mental harassment and agony, to pay the cost of litigation. 

The case was filed on 25.02.2021. The case was admitted on  09.03.2021.  On 24.11.2021 the OP is absent on call.  No step is taken by the OP.  No W/V is filed in spite of lapse of statutory period, after service of notice.  So, the case proceeded exparte against the OP.  The complainant was to file evidence on affidavit on 20.12.2021.  On 20.12.2021 the complainant was absent on call.  On 27.01.2022 the complainant, by filing a petition prays for treating his complaint petition as evidence on affidavit.  The prayer of the complainant is allowed on 30.06.2022, the complainant filed evidence on affidavit  on 29.07.2022, argument was heard and we proceeded for giving judgment. 

Points of Consideration

01.Is the complainant, a consumer?

02.Is the OP guilty of deficiency in service and unfair trade practice?

03.Is the complainant entitled to get relief as prayed for?

Decision with Reasons :-

1. On perusal of records and documents, it appears that the complainant is an account holder of the OP Bank, State Bank of India.  The complainant has an account at the Thakurpukur-Bibirhat-Bakhrahat Branch of State Bank of India.  The wife of the complainant has an account at Bank of Baroda.  The complainant wanted to transact money from his account to his wife’s account.  As he is an account holder, he is a consumer u/s 2(7) of the C.P. Act, 2019.
2. The OP is a Nationalized Bank.  Due to sheer negligence of the OP, Bank of Baroda failed to get mail against which they can initiate a process and help the complainant.  In reality, the OP did not act accordingly and the complainant did not get relief.  The grievance of the complainant was not redressed.  The complainant is an account holder of the OP, State Bank of India.  His Account Number is 20017108474.  On 27.06.2019, the complainant wanted to transfer the amount of Rs.20,000/- to his wife’s account, Bank of Baroda. By mistake he wrote the wrong account No.  Complainant informed the matter to the concerned branch of Bank of Baroda.  The officials of Bank of Baroda informed the complainant that the State Bank of India would have to inform Bank of Baroda through mail.  But the IMPS Department of the OP Bank did not.  The SBI failed to mail in spite of several persuasions.  The complainant fell in trouble.  Complainant failed to transfer money.  The OP is very much reluctant to provide proper service to the complainant.  The OP failed to understand the complainant’s problem.  As a result, the complainant faced inconvenience. Because the OPs have miserably failed in providing good service to the complainant.  He could not transfer the amount to his wife’s account.  As the complainant wrote the wrong account no. the amount was transferred to others account from his account. To avoid all these inconveniences the complainant requested SBI to mail to Bank of Baroda but the complainant did not get any help from the officials of the SBI.  Money was not transferred to the complainant’s wife’s account.  The complainant did not get any help from the OPs who are deficient in providing service.  Hence the 2^nd point is settled in favour of the complainant and against the OP. 
3. The OP is a renowned Government Institution.  It is expected that the OP would help his clients to solve their problem.  But in this particular case, the contrary happened.  The OP did not help the complainant, by sending a mail to the Bank of Baroda.  The complainant’s hard earned money was transferred to an account where the complainant did not want to transfer.  The amount was transferred mistakenly to other person’s account, because the complainant wrote the wrong Account number of his wife.  The complainant also requested Bank of Baroda to refund money to his account.  It is the duty of OP to redress the  grievance of the complainant.  Complainant lost the money due to unfair trade practice and deficiency in service adopted by the OP.  The problem of complainant was not solved.  The OP tried to bypass his liability.  Till the institution of the complaint, the OPs did not  take any step to solve the complainant’s problem.  The complainant sent a legal notice on 27.07.2020.  The OP is reluctant to perform his duty.  Due to gross negligence of the OP, the complainant spends time in mental agony.  Complainant was harassed by the OP.  The conduct of the OP was undesirable.  The complainant faced monetary loss. The complainant was totally depressed and harassed.  Hence he is entitled to get relief as prayed for.  The 3^rd point is hereby settled in favour of the complainant and against the OP.

In the result, the complaint succeeds.Hence, it is,

                     ORDERED

            That the complaint case be and the same is allowed exparte against the OP with cost of Rs.10,000/- (Rupees ten thousand).   

            That the OP is also directed to contact with the officials of Bank of Baroda to refund the amount of Rs.20,000/- (Rupees twenty thousand) to the complainant within 60 days from the date of this order. 

             That the OP is also directed to pay compensation to the tune of Rs.10,000/- (Rupees ten thousand) to the complainant within the stipulated period of 60 days, for deficiency in service, harassment, mental pain and agony suffered by the complainant.

              That the cost of litigation of Rs.10,000/- (Rupees ten thousand) is to be paid within the stipulated period of 60 days.

              That the complainant is at liberty to put the order into execution if the orders are not complied with within the stipulated period of 60 days.

               Let a copy of the order be supplied free of cost to the parties concerned.

               That the final order will be available in the following website www.confonet.nic.in.

Dictated and corrected by me. 

                              (Sangita Paul)

                                   Member