West Bengal

South 24 Parganas

CC/397/2014

YESMINA BIBI, W/O- ALTAF HOSSAIN SK. - Complainant(s)

Versus

THE MANAGER , BANK OF INDIA, SARISHA BRANCH. - Opp.Party(s)

31 Mar 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NOS. _397__ OF ___2014______

 

 DATE OF FILING : 3.9.2014_     DATE OF PASSING JUDGEMENT:__31.3.2015

 

Present                        :   President       :  Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr.(Mrs.)  Shibani Chakraborty                                        

 

COMPLAINANT                  : Yasmina Bibi, w/o late Altaf Hossain Sk. Vill. Bhushna,

                                                   P.O Kamarpole, P.S. Diamond Harbour, Dist. South 24-Parganas,

    Pin – 743368.

 

-VERSUS  -

 

O.P/O.Ps                                :  The Manager, Bank of India, Sarisha Branch, Vill. & P.O Sarisha,

 P.S Diamond Harbour, Dist. South 24-Parganas, Pin – 743368.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Dr.(Mrs.) Shibani Chakraborty, Member

 

            The case of the complainant, in brief, is that the complainant after lost her ATM  Card at 11 a.m. on 22.4.2011 immediately informed the Bank at 11.30 a.m and according to that O.P locked her PIN Number at 12.40 p.m ,saying that no one including the card holder can use the number to withdraw the cash. But surprisingly she noticed that an amount of Rs.24,520/- was withdrawn from her account on 22.4.2014 from 11 a.m to 12.40 p.m. and on 23.8.2014 another transaction of Rs.25000/- was made from her account by using her lost ATM Card. She also informed the local P.S by using a G.D . Hence, the case. 

            The O.P contested the case by filing written version contending inter alia that the instant case is harassing, arbitrary and misconceived one.

            The complainant filed evidence on affidavit ,questionnaire and reply and some documents.

            The O.P also filed evidence on affidavit, questionnaire and reply.

 

                                                                        Decision with reasons

            We have carefully gone through the records and documents filed by both the parties. It is true that the complainant requested the O.P to block her Pin Number and also her S.B. Account by giving letter to the O.P at 11.30 a.m on 22.4.20914 and accordingly O.P informed her that the account was closed at 12.40 p.m. but the amount of Rs.24,520/- was withdrawn within  11 a.m to 12.40.p.m. which means before and during the processing period. In that case, we cannot blame O.P for deficiency of service. On 23.8.2014 an other amount of Rsw.25000/- was withdrawn from the same which shows how much negligent the O.P bank is . Once O.P closed or blocked the said account, then how it is possible to withdraw the amount from O.P bank. It is useless to say that the O.P did not take any proper step to close the account and simply gave a false consolation to the complainant. If this is the conduct of the O.P Bank by holding the serious part in the most important organization where everyday a million of people do their transaction for their livelihood, what will be their fate? The staff of the O.P are depriving the customer day by day. In this condition we cannot control ourselves to say tht there is a great deficiency of service on the par of the O.P Bank. The complainant has the right to gbet b ac k the amount of Rs.25000/- from the O.P and also to get compensation for her harassment and mental tension.

            As a result the case of the complainant succeeds.

            Hence,

                                                                        Ordered

That the case being C.,C.no. 397 of 2014 be and the same is decreed with cost of Rs.10,000/- against the O.P.

The O.P is directed to refund Rs.25000/- to the complainant within 15 days from this date.

The O.P is also directed to pay Rs.15000/- to the complainant as compensation for her mental agony and harassment within 15 days from this date.

The total amount of Rs.50,000/- will be paid by the O.P within 15 days from this day, failing which, the entire amounts will carry an interest @10% p.a till realization.

Let a plain copy of this order be given to the complainants free of cost and send a copy of this order to the O.Ps through post for their strict compliance.

 

 

                                                            Member                                               President

 

Dictated and corrected by me

           

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the case being C.,C.no. 397 of 2014 be and the same is decreed with cost of Rs.10,000/- against the O.P.

The O.P is directed to refund Rs.25000/- to the complainant within 15 days from this date.

The O.P is also directed to pay Rs.15000/- to the complainant as compensation for her mental agony and harassment within 15 days from this date.

The total amount of Rs.50,000/- will be paid by the O.P within 15 days from this day, failing which, the entire amounts will carry an interest @10% p.a till realization.

Let a plain copy of this order be given to the complainants free of cost and send a copy of this order to the O.Ps through post for their strict compliance.

 

 

                                                            Member                                               President