Ld Advocate for the parties file hazira. Judgement is ready. It is delivered in open Commission.
By – Smt. Kabita Acharjee(Goswami), Member
The case has been filed by the complainant Smt. Hena Bhowmik, D/o Late Madan Mohan Maity of Vill. Ajangechhia, P.O. Gonjanarayanpur, P.S. Tamluk, Dist. Purba Medinipur, Pin 721648 against OP No. 1 The Manager Customer Care, Vill. & P.O. Abasbari, Tamluk, Dist. Purba Medinipur, (2) The Branch Manager, SBI, Vill. & P.O. Abasbari, Tamluk and (3) The C.S.P. In-charge of SBI, Nimtoury, Tamluk, Purba Medinipur.
The fact of the case to put in a nutshell as below :
The complainant is a Savings Account holder of well known and renowned bank named S.B.I., Tamluk Branch bearing A/c. No. 32508330264 and Passbook No. 154.
The complainant Hena Bhowmik D/o Late Madan Mohan Maity, w/o Swapan Bhowmik, deposited the amount of Rs. 1,64,005/-(Rupees one lac, sixty four thousand and five only) to the CSP(Customer Service Point) of SBI Tamluk Br. Deposits since the tenure of 18.11.2015 to 10.04.2019 have been recorded in the passbook of Savings Account, and official seal of the said CSP under SBI is levelled too.
The complainant would like to say that in the CSP of SBI, Tamluk Branch depositing of money would put in the passbook of Savings A/c manually. The complainant was depositing above mentioned money day-after-day in her good faith.
When a suspicion arises the complainant woke up, she went to the Main Branch of SBI, Tamluk to print the passbook for up-to-date and it is found that there remains only Rs. 39000/-(Rupees thirty nine thousand only) in her Savings A/C.
The complainant informs this burning matter to the Branch Manager of SBI, Tamluk as well as CSP of SBI, Tamluik Br. and complains about the matter verbally and a written application and being well known and heard the whole matter from the Manager of SBI, Tamluk Br. He says to the complainant “we look into the matter deeply and everything will be solved within a few months”.
After passing of few months, the Bank authority credited the amount of Rs. (10,000/- + 10,000/-) = Rs. 20,000/- to the account of the complainant by two consecutive dates of 31.08.2019 and 04.10.2019 as towards settlement of the matter.
Being failed from all directions, the complainant Hena Bhowmik sent an advocate’s letter on 18.09.2020 through her Attorney to knock the burning matter to the Branch Manager of SBI, Tamluk, Purba Medinipur by demanding money. According to the tracking report of postal department the said SBI Authority had received the Advocate’s letter on 21.09.2020. But, no response or no message and no reply had come to the complainant till now.
Having no other alternative, the complainant has come to the Commission for proper relief, the cause of action of this case has been arose on and from 21.09.2020 when the OP SBI authority had received the Advocate’s letter but no response or reply had come at their ends.
After receipt of the notice OP No. 2 appeared before this Commission and prayed for time for filing w/v but he has not filed w/v within the statutory period, so the case run exparte against the OP No 2. OP No. 1 and 3 have not appeared before this Commission. So, the case run exparte against all the Ops.
POINTS FOR DETERMINATION
- Is the case maintainable in its present form and law ?
- Is the complainant entitle to the relief (s) as sought for ?
Decision with reasons
Both the points No. 1 and 2 are taken up together for convenience of discussion as they are related to each other.
- We have carefully perused the complaint copy of the complainant along with all papers and documents.
- Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that complainant is a consumer having grievances against the OP, as such the case is maintainable in its present form and law.
iii) It is evident from the evidence of the complainant and the materials on record that the complainant had prayed Rs. 1,64,005/- to the OP SBI, Tamluk Branch as well as CSP of Tamluk Branch being A/c. No. 32508330264, CIF No. 86427107871 and passbook No. 154. The complainant performed monetary transaction during the period from 07.09.2020 to 10.04.2019. But no monetary dispute arisen with the Bank within the period from 07.09.2012 to 18.11.2015. After the date of 18.11.2015 the complainant observed some disputes in her savings A/C. No. 32508330264 for transaction dated 23.01.2019 amount of Rs. – 69,005/-, dated 10.04.2019 amount of Rs.- 56,000/-, dated 12.04.2019 amount of Rs. 39,000/- i.e. total Rs.1,64,005/- were deposited to the C.S.P. of SBI, Dhamtouri (Nimtouri). These are also mentioned in her passbook of Savings A/c. and the seal and signature, designation of the said CSP (Customer Service Point) of SBI is scribed there.
But, it is learnt after getting update of the said passbook in the main branch of SBI on 04.10.2019 that there is only 39,000/- in her SBI A/c that it is meant that deposited money of the three dates at Rs. (69,005/- + 56,000 + 39,000) = Rs.1,64,005/- were not reflected in the computer of SBI Main Branch during the period of 22.03.2017 to 04.10.2019.
It further appears from the documents filed by the complainant that the complainant deposited Rs. 39,000/- by cash to the CSP on 12.04.2019. The CSO clerk endorsed the deposited amount of Rs. 39,000/- in the particular column of deposit and he had drawn the balance amount to the tune of Rs. 1,64,005/- however, he did not enter the date of deposit in the passbook which is mentioned manually. The complainant has filed the copy of all disputed deposit slip in support of her all such deposit made in the CSP.
But, it appears from the computerised entry in the updation of passbook the Bank has not entered those deposits dated 10.04.2019 and 12.04.2019 in the passbook.
In all, the amount of Rs. 1,64,005/- has no reflection in the entries made in the computerised updation in the passbook.
It is worthy to be mentioned that the CSP being the authorized Agent of the OP i.e. SBI. The Principal can not absolve the liability of such defect made his agent in the passbook. This is an instance of deficiency of service on the part of the OP principal (SBI Manager, Tamluk).
The default or any fraud if any caused by the Agent is considered as if the such defect is caused by the principal himself. The principal is vicariously liable for the wrong caused by its agent.
In such circumstances, it is held that the deficiency in service caused by the OP No. 2, the Branch Manager, SBI, Abasbari, Tamluk.
The complainant suffered loss and undue harashment due to the deficiency in service cause by OP-2.
The OP No 2 who should be held to be liable to credit the said amount of Rs. 1,64,005/- after deduction of Rs. 10,000/- dt. 31.08.2019 + 10,000/- dt, 04.10.2019 which OP-2 SBI Bank credited as settlement amount.
Upon consideration of the materials on record it appears that there is no relief of the complainant available as against the OPs no. 1 and 3.
Hence, it is
Ordered
that the CC/231/2020 be and the same is allowed exparte against the OP-2 and dismissed against 1 and 3.
The OP No. 2 is hereby directed to pay the amount i.e. Rs. 1,64,005/-(-) (10,000 + 10,000/-) =1,44,005 (one lac forty four thousand and five only) along with simple interest @ 5% per annum from the date of filing of this case i.e. 18.11.2020 till realization.
In addition to that the OP No. 2 the Branch Manager of SBI, Tamluk is directed to pay of Rs. 5000/- as compensation and Rs. 5000/- towards litigation cost.
The OP-2 will comply the above order within 2(two) months from the date of this order, in default after 2 (two) months the above amount will carry interests @ 8% per annum from the date of filing of this case till realization.
The complainant will be at liberty to put the order into execution.
Let a copy of this judgement be supplied to the complainant and OPs free of cost.
