Date of Order : 31.01.2017
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 80,000/- ( Rs. Eighty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has opened a saving account vide annexure – 1 with opposite party no. 2 i.e. Branch Manager, State bank of India, Aunta branch, Mokama, Patna. A cheque for Rs. 34,000/- dated 22.02.2012 was issued in favour of complainant by Sahara Q Shop unique products and the same was submitted with opposite party no. 2 on 23.02.2013 vide annexure – 2.
It is further case of the complainant that in the passbook of complainant it was mentioned that the cheque bearing no. 58092 dated 22.02.2013 for Rs. 34,000/- was deposited by complainant on 23.02.2013. On 11.03.2013 the complainant has withdrawn Rs. 1,000/- and requested the staff of the bank to disclose the total balance of her account. Then, she was informed that the total balance of her account was Rs. 1,841.927/- and it further transpires that the amount of Rs. 34,000/- of aforesaid cheque had not been credited in the account of complainant. Thereafter the complainant repeatedly visited opposite party no. 2 with a request to credit the amount of aforesaid cheque and lastly on 25.03.2013 the amount of Rs. 34,000/- was credited in the account of complainant.
The further grievance of the complainant is that the aforesaid cheque was submitted in the bank on 23.02.2013 but the same amount was credited in her account on 25.03.2013. Thus there was delay of more than a month in crediting the amount due to which she was much harassed.
It further transpires that on behalf of Bank opposite party no. 2 Vakalatnama was filed on 23.09.2013 which is on the record but despite allowing several adjournments no written statement has been filed and as such this case was heard in ex – parte manner and the order is being passed.
Heard the learned counsel for the complainant and perused the record.
From bare perusal of annexure – 1 and annexure – 2 it is crystal clear that the aforesaid cheque of amount of Rs. 34,000/- was deposited in the Bank on 23.02.2013. the complainant has asserted that the aforesaid amount has been credited in the account of complainant on 25.02.2013 after much harassment.
It is needless to say that the aforesaid fact have been asserted by the complainant in her complaint petition on oath and there is no counter version on behalf of opposite parties and as such we have no option but to rely on the aforesaid facts asserted by the complainant which disclose deficiency on the part of opposite parties.
Hence, we direct the opposite party to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months from the date of receipt of this order or certified copy of this order.
Accordingly this complaint stands allowed to the extent referred above.
Member President
