Ld. Advocate(s)
For Complainant: Subhajit Das
For OP/OPs : None
Date of filing of the case :03.06.2022
Date of Disposal of the case :25.07.2024
Final Order / Judgment dtd.25.07.2024
The concise fact of the case of the complainant is that the complainant Anup Kumar Dey is a handicapped and unemployed. So, the government of West Bengal paid a sum of Rs.1,500/- per month to the complainant as unemployment allowance. He used to withdraw the said allowance from his bank account of OP Bank State Bank of India, Khidirpur Branch through cheque. Suddenly, he found that the OP Bank stopped withdrawing money from his account. The complainant lodged a complaint to the OP Bank on 29.12.2020 through his Advocate Subhajit Das to which the OP bank SBI, Khidirpur Branch replied on 05.01.2021 that “The hold of Rs.1,77,000/- dated 14.06.2017 in your account can be removed provided you visit the branch and request in writing to resolve the issue.” The complainant could not operate his bank account for a long time due to physical illness. The money paid by the Government was credited to his account. The advocate of the complainant sent a legal notice to the OP Bank to release the above mentioned amount of the complainant which the OP Bank received on 11.01.2021 but they did not pay any heed to that. Thereafter, lockdown started but the complainant did not get any help from the Government but the said allowance was paid in each month. Due to negligence of the bank the complainant could not withdraw that money. The complainant went to the OP Bank several times but the Manager could not assign any reason as to why the money was withheld. The complainant issued one account payee cheque from his account Rs.3,000/- on 01.09.2020 but the same was dishonoured due to “funds insufficient” which is illegal and it was due to the fault of the OP Bank. Such type of arbitrary Act of the complainant amounted to harassment and mental pain and agony. So, the present case is filed. The complainant prayed for an award for Rs.50,000/- with a direction to the OP to release the said money after withholding the hold position and direction to operate the account and litigation cost of Rs.5,000/-.
Notice was served upon the OP bank. As per order no.10 dated 20.12.2022 the case is decided to be heard ex-parte against the OP.
The complainant in order to establish the case proved the following documents in course of trial:-
Annexure-1:- Is the Cheque bearing no.753873 dated 01.09.20120 drawn on SBI Khidirpur Branch, Bethuadahari, Nadia.
Annexure-2:- Is the copy of cheque dishonour slip.
Annexure-3:- Is the legal notice.
Annexure-4:- Is the letter of OP Bank dated 05.01.2021.
The complainant also filed the handicapped certificate and the original passbook.
The complainant also filed evidence on affidavit to substantiate the case .
The entire oral and documentary evidence of the complainant Anup Kumar Dey stands unchallenged and undiscarded in as much as the case is heard ex-parte. The OP could not discard the evidence in the form of affidavit in chief and the documentary evidence. The OP could not establish as to why the account of the complainant was withheld as alleged and proved by the complainant.
Thus having assessed the entire oral and documentary evidence of the complainant the Commission comes to the finding that the complainant proved the case against the OP Bank ex-parte upto the hilt.
Thus the demeanour of the OP Bank towards the complainant in the matter of banking transaction tantamounts to deficiency in service which should be compensated in terms of money.
Consequently, the complaint case succeeds ex-parte against the OP with cost.
Hence,
It is
Ordered
that the complaint case no.CC/63/2022 be and the same is allowed ex-parte against the OP SBI Khidirpur Branch with a cost of Rs.5,000/- (Rupees five thousand). The complainant Anup Kumar Dey do get an award with a direction to the OP to remove the hold of the account of the complainant bearing account no.11803504595 in the name of Anup Kumar Dey and release the disputed amount with liberty to operate the said account, Rs.30,000/- (Rupees thirty thousand) towards compensation for harassment and mental pain and agony and Rs.5,000/- (Rupees five thousand) for litigation cost. The OP SBI Khidirpur Branch , Bethuadahari, Nadia is directed to comply with the award as above and pay Rs.35,000/- (Rupees thirty five thousand) to the complainant Anup Kumar Dey within 30 days from the date of passing the final order failing which the entire award money shall carry an interest @8% p.a from the date of passing the final award till the date of its realisation.
All Interim Applications (I.A) stand disposed of accordingly.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
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MEMBER
( SHRI NIROD BARAN ROY CHOWDHURY)