Complainant files hazira through her lawyer. Today is fixed for exparte hearing of the case. Heard the Ld. Advocate for the complainant in full. Fix today (later) for delivery of exparte order. The complainant files documents as per list.

Order No. 9 Dated 27.11.2013(Later)

A.K. Bhattacharyya, President

The matter of exparte hearing of the case has already been heard today. Now it is taken up for consideration.

The complainant’s case in short is that he has a S/B Account being no.141100-109119646, Customer no. COG00701 with the P.N. Bank, Contai Branch (OP no. 1 and 2) for a long time.

          On 05.01.2009 his four signed cheques bearing cheque no. TJH/458554, TJH/458555, TJH/458557 and TJH/458558 were lost from his possession. He submitted an application before the Manager, PNB Contai Branch on the same date (05.01.2009) for stopping payment of cash in respect of those 4 cheques and the Bank officials received the said application and made seal with endorsement accordingly. Despite of application for stop payment in respect of those cheques on 03.09.2011, the amount of Rs.40000/- was withdrawn by some one by presenting the cheque being no. TJH/458558 before the PNB, Krishnanagari Delhi Branch which was found from the transaction through internet and from the Pass Book.

          The complainant made several request in writing to the OPs (PNB) including the Chief Manager, New Delhi to credit the said amount of Rs.40000/- in his said account but the OPs did not credit the said sum of Rs.40000/- in his S/B account, hence the case.

          It is to be noted that the OPs did not appear and did not take any step even after service of notice upon them on the date fixed appearance for which the case has been fixed for exparte hearing against all the OPs.

          We have carefully gone through the petition of complaint supported by affidavit filed by the complainant and documents on record filed by the complainant as per firisti. Considered the submission of the Ld. Advocate for the complainant in the matter of exparte hearing of the case.

          The Pass Book being no. 141100-109119646, Customer no. COG00701 on record goes to show that the complainant is a customer under the PNB, Contai Branch.

          It appears from the letter (copy) dtd. 05.01.2009 of the complainant addressed to the Bank Manager, PNB Contai Branch by the complainant that the official of the said Bank received the said letter with Bank’s seal and initial by red dot pen with regard to stop payment in relation to the cheques being no. TJH/458554, TJH/458555, TJH/458557 and TJH/458558 since those cheques were missing.

          The Pass Book on record speaks that one of those cheques, the cheque being no. TJH/458558 was encashed on 03.09.2011 after a lapse of three years by withdrawing the sum of Rs.40000/- inspite of prior intimation to the Bank on 05.01.2009 for stop payment of those cheques including cheque no. TJH/458558.

          The averments of the complainant as to withdrawal/encashment of Rs.40000/- in respect of the said cheque no. TJH/458558 despite of prior intimation to the Bank for stop payment of those missing cheques including the said cheque no. TJH/458558 remains unchallenged on the part of the OPs.  The OPs cannot avoid their responsibility for such loss of money of Rs.40000/- withdrawn against cheque no. TJH/458558. Such inaction on the part of the OPs clearly shows their deficiency in service. Therefore, we are of the view that the complainant is entitled to get relief.

Hence, it is,

Ordered

that the CC case being no. 60/2013 be and the same is allowed expate against all the OPs. All the OPs are jointly and/or severally directed to credit the said sum of Rs.40000/- to the S/B account being no. 141100-109119646 of PNB , Contai Branch, Purba Medinipur, of the complainant within 40 days from the date of communication of this order. The OPs are also directed jointly and/or severally to pay compensation of Rs.3000/- for mental pain and agony as also Rs.1500/- for litigation cost within 40 days from the date of communication of this order, failing which the complainant will be at liberty to execute the order in which case OPs are jointly and/or severally liable to pay interest @ 9% p.a. on the entire amount as stated above from the date of this order till compliance in toto.