Complainant has opened a S.B.Account bearing No. 5873 with United Bank of India, Arsha Branch, P.O., P.S. Arsha, Dist. Purulia by depositing Rs. 3,000/- on 2.5.2007. The said balance reached at Rs. 18,114/- by way of subsequent deposit and withdrawal on 14.05.2007 as per the entry in the passbook issued in the name of the complainant by the said bank. The complainant claims to have deposited Rs. 5,000/- on 11.4.2007 but the said amount has not been entered in the passbook. So, the total amount should be (Rs. 18,114+ Rs. 5,000) Rs. 23,114/-. Thereafter the complainant has not withdrawn any amount from his S.B Account and Rs. 23,114/- is still at credit in the aforesaid account. In the S.B Account after 14.5.2007 only interest has been calculated on 7 dates but what amount is now at credit in the said account of the complainant has not been shown. Thereafter, the complainant went to the bank on 29.3.2012 and came to know that no amount is lying in his said account. He has become astonished and finding no other alternative has filed the instant case before this Forum claiming Rs. 23,114/- alongwith interest and compensation and litigation cost etc. from the bank. Hence the case.

The O.P is not contesting the case though the summon has been duly served upon it.

          Only point for consideration is whether the complainant is entitled to relief/reliefs prayed for.

          In this case complainant has filed affidavit-in-chief and has been examined as PW1. He has filed the documents viz. original passbook being no. S.B.A/c No. 5873, UBI, Arsha Branch, Dist. Purulia standing in the name of the complainant and filed original deposit slip dt. 11.4.2007 showing deposit of Rs. 5,000/- in the aforesaid account. Exbt. 1 (original passbook) and Exbt. 2 (deposit slip) corroborate the PW1 fully and supports the complainant’s case on all material points.

          We have gone through the evidence of PW1 and Exbt. 1 and 2 and we find no reason to disbelieve those. On perusal evidence of PW1 and Exbt. 1 and 2 and other materials on record we find that the complainant has been able to prove his case ex-parte and he is entitled to get Rs. 23,114/- alongwith the interest @ 6% p.a. from 14.5.2007 to till realization of the aforesaid amount and Rs. 2,000/- as litigation cost and Rs. 3,000/- for harassment, pain and mental agony he suffered because of the O.P. Bank. Hence,

ORDERED

That the petition of complaint be and the same is allowed ex-parte. with cost of Rs. 2000/- (two thousand) only.

The O.P. directed to pay Rs. 23,114/- (Rs. Twenty three thousand one hundred forteen) only alonwith the interest & 6% p.a. from 14.5.2007 to till realization of the aforesaid amount together with Rs. 3,000/- (Three thousand) only as compensation for harassment, pain and mental agony to the complainant within one month from the date of this order.

In case of default in complying any portion of this order the complainant shall be at liberty to get the same complied by way of putting the award into execution.

The complainant is directed to serve a copy of this judgment to the O.P. forthwith.

True copy of judgment be given to the parties as per provision of law.