This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant that the complainant is a savings bank account holder being no. 08471000093210 under the op no. 2 and he used to make monetary transaction through that bank account and the complainant does not operate any ATM account under the op no. 2 though he applied for ATM facility one year back but no ATM card yet been issued in favour of the complainant and a sum of Rs. 23302.48/- only was standing on 5.8.2017 as credit balance in his said bank account but through mobile massage being no. DM PS BANK Portal dt. 23.8.2017 it came into the notice of the complainant that only a sum of Rs. 302.48/- stands into his credit balance in place of actual credit balance of Rs. 23302.48/- i.e. the complainant has been deceived by amounting Rs. 23000/- which has been withdrawn from the branch of op no. 2 and the complainant is totally in dark about the illegal transaction and this same amount has been withdrawn on 23.08.2017 from the bank account of the complainant through ATM facility being particulars AIMD/SIBB000053/HUGL and ATMD/5770/084701/16 and out of Rs. 23000/- only a sum of Rs. 3000/- has been reflected and balance Rs. 20000/- has not been reflected through mobile massage of the complainant being mobile no. 9088956410 and then the above noted complainant personally visiting convey the irregularity of transaction into the office of the op no. 2 and also through letter dt. 24.08.2017 and requested the op no. 2 to regularize the bank balance and concern bank manager assure the complainant through letter dt. 30.08.2017 that he will initiate to investigate the matter but till now no fruitful result yet been achieved inspite of several occasion visiting the branch as desired by the branch through letter dt. 30.08.2017 and thereafter the complainant communicated with op no. 1 through letter dt. 21.09.2017 regarding the irregularity of the savings bank account of the complainant which the op no. 1 acknowledged the letter dt. 25.09.2017 and the cause of action arose on 23.08.2017 wherefrom the complainant came to learn the unlawful withdrawn of money.
Complainant filed the complaint petition praying direction upon the opposite party to regularize the bank account of the complainant by crediting Rs. 23000/- and to pay sum of Rs. 25000/- as compensation for mental agony and to pay a sum of Rs. 25000/- for litigation cost or pass any other orders which may deem fit and proper for the ends of justice.
The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition.
Complainant filed written notes of argument. The evidence on affidavit and written notes of argument of complainant are taken into consideration for passing final order.
From the discussion hereinabove, we find the following issues/points for consideration.
Issues/points for consideration
- Whether the complainant is the consumer in view of Consumer Protection Act,
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- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get any relief as prayed for?
DECISIONS WITH REASONS
Issue No: 1
In the light of the discussion hereinabove and from the materials on record it transpires that as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the petitioner is a consumer in as much as he has got one savings bank Account number 08471000093210 in the Punjab and Sindh Bank, Dunlop Gate, G.T Road, P.O- Sahaganj, Dist- Hooghly. Pin-712104.
Issue No: 2
Both the complainant and the opposite parties are residents/having their office addresses within the district of Hooghly. Considering the claim amount of complainant as per prayer of the petition of complainant which does not exceed Rs. 20,00,000/- this Forum appears to have territorial and pecuniary jurisdiction to entertain the instant proceeding.
Issue Nos: 3 &4
Both the issues are taken up together for the sake of convenience. At the very outset it may be stated that though O.P. nos. 1 & 2 submitted a joint application dated 06.12.2019 praying for time therein to file written version and to set-aside ex-parte order but subsequently there appears no endeavor on the part of the O.Ps to contest the present case and hence the case has been heard ex- parte.
It is apparent on the face of the record that the petitioner has got the above named savings bank account under Punjab and Sindh Bank (O.P no. 2). It further appears that though applied for A.T.M card one year back yet the same has not been issued when it came to knowledge of the petitioner that an amount of Rs. 23,000/- has been withdrawn on the basis of ATM facility and only a sum of Rs. 302.48 stands to his credit instead of actual credit balance of Rs. 23,302.48 and thereby the petitioner has been deceived by amount of Rs. 23,000 which has been withdrawn on 23.08.2017 through ATM facility. This matter was brought to the notice of the Branch Manager by personally visiting him and also through letter dated 24.08.2017.
On considering the above facts it was communicated to the Branch Manager that the petitioner has never made any withdrawal of Rs. 23,000, while the O.P. no. 2 assured the petitioner that he will initiate investigation of the matter but even on the date of filing of the instant proceeding on 09.11.2017 no fruitful result appears to have been received by the petitioner. The Zonal Manager (O.P. no. 2) even being intimated through letter 21.09.2017 has not helped in anyway giving rise to the instant proceeding treating the same as deficiency in service on the part of both the parties. Be it noted herein that in spite of making an application before this Commission on 06.12.2019 to contest the case neither of them has appeared to contest the case is best known to them.
On considering the above facts and circumstances there appears no other alternative but to direct the Branch Manager, Punjab and Sindh Bank (O.P. no. 2) to regularize the bank account no. 08471000093210 by crediting Rs. 23,000 therein. The petitioner do get Rs. 10,000 as compensation and Rs. 7,000 as litigation cost.
Both the issues are thus disposed of.
Hence,
ordered
That the complaint case no. 224 of 2017 be and the same is disposed of ex- parte. The petitioner do get Rs. 23,000 to be credited to his account no. 08471000093210. The petitioner do further get an amount of Rs. 10,000 towards compensation and a further sum of Rs. 7,000 towards the litigation cost.
The Branch Manager, Punjab and Sindh Bank (O.P. no. 2)do pay the aforesaid quantum of money within 45 days from date failing which the complainant is at liberty to take recourse to law.
In the event of failure to comply with the order the opposite party shall pay cost @ Rs. 50/- for each day’s delay, and on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
