Govt. of West Bengal
District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
Old Sub- Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur
Pin – 733101; Telefax: (03522)-270013
Present
Shri Siddhartha Ganguli - President –in-Charge
Miss. Swapna Saha - Member
Consumer Complaint No. 23/2016
Sri Abhijit Dutta
S/o Late Anakul Chandra Dutta
Present Add.
Vill.: Chakbhabani Rathtala
PO & PS.: Balurghat,
Dist. Dakshin Dinajpur
Previous Add.:
Vill. & PS: Chakvrigu
PS.: Balurghat,
Dist. Dakshin Dinajpur - 733101 …………………Complainant(s)
V-E-R-S-U-S
The Branch Manager,
Allahabad Bank,
Balurghat Bus Terminus Branch
(Beside Balurghat Municipality Public Bus Stand)
PO & PS: Balurghat,
Dist.: Dakshin Dinajpur - 733101 …………Opposite Party
Ld. Advocate(s):
For complainant ……………… - Shri Santanu Dey
For OP ……………… - Shri Achintya Kumar Das
Date of Filing : 15.09.2016
Date of Disposal : 30.01.2017
Contd…P/2
Judgment & Order dt. 30.01.2017
The gist fact of the case is that the complainant is a bona fide consumer of the OP Bank and he had purchased 4 nos. of Bank Drafts from the OP Bank as under:-
Draft No. Date of Purchase Amount (Rs.)
950650 16.02.2013 Rs. 8,500/-
906397 19.03.2013 Rs. 9,000/-
924952 28.05.2013 Rs. 2,150/-
879423 26.09.2013 Rs. 10,000/-
for the purpose of depositing the same before the Govt. Departments as security deposits against his contract business.
It is stated that the complainant is a Govt. contractor, which is his only source of income and livelihood.
It is further stated that the general norm is that if the complainant works out the contract successfully, then after completion of the work, the Govt. authority will return the drafts to the complainant. The complainant, being a successful contractor, received back the said drafts after completion of works and he thereafter deposited those drafts to the OP Bank in his account vide S.B. Account No.22245799907 on different dates i.e. on 21.4.2015, 04.06.2015 and 24.07.2015 respectively, after observing all formalities for encashment the draft amounts.
But it is alleged by the complainant that despite repeated request, the OP Bank till the date of filing the case did not en-cash the draft amount and credited to his SB a/c and avoiding the complainant and deliberately not taking proper steps to en-cash the draft amount i.e. Rs.29,650/- in total, and as a result of which the complainant became frustrated and getting no relief, he served a legal notice on 19.8.2016 upon the OP Bank by his Advocate demanding such encashment of drafts, but the OP No. 1 did not even bother to reply of the Advocate’s
Contd…P/3
notice in spite of receiving the same on 20.8.2016, which ultimately compelled the complainant to file this case against the OP for deficiency in service and for getting proper relief as prayed in the complaint.
The complainant therefore prayed for getting back the draft amount to the tune of Rs.29,650/- along with 14% interest from the date of deposit of the said draft from the OP Bank till realization along with compensation of Rs.50,000/-.
The complainant with his complaint petition filed photocopies of bank drafts, passbook, deposit receipts, copy of Adv. Notice etc. by making annexure. He also filed original passbook, bank receipts and Adv. Notice copy etc.
The OP Bank entered his appearance in the case on 27.09.2016 and later on on 16.01.2017 filed written version in which the OP inter alia stated that the bank is agreed to pay the amount or credit the amount to the complainant’s account after maintaining all formalities. It is further stated that fraud has been committed by one of his employee and an FIR has been lodged with the Balurghat PS vide FIR No.688/2016 dated. 30.11.2016 u/s 409/420 IPC and the OP bank apprised the same to the higher authority at Siliguri and expecting necessary direction therefrom and thereafter the OP will credit the amount to the complainant’s account.
The OP further stated that the OP Bank had no intention to harass the complainant or there was no willful negligence or deficiency in service on the part of the OP Bank.
However, the OP has not filed any document in support of his written version.
Considering the complaint petition, documents annexed by the complainant ,written version of the OP Bank and after hearing both sides, the following points are framed:-
Contd…P/4
- Whether the complainant is a consumer or not?
- Whether there was any negligence or deficiency in service on the part of OP?
- Whether the complainant is entitled to get any relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of facts.
It is admitted position that the complainant is a consumer of the OP Bank and he has been maintaining a S.B. A/c, as state above with the OP Bank.
It is also admitted position that the complainant had purchased 4 Nos. of bank drafts, as stated above, total amounting to Rs.29,650/- and had deposited to Govt. Departments as security deposits and further when the contract works were carried out or had been executed the authorities handed over the drafts to the complainant and thereafter the complainant deposited the drafts to his bank account for necessary encashment.
The OP Bank also in his written version and also at the time of hearing expressed willingness to pay the amount or credit the amount of the drafts to the bank account of the complainant.
Here in the case the main contention of the complainant is that he had deposited the bank drafts to his SB account on several dates in the year 2015 for necessary encashment, but the OP did not en-cash the same despite several requests. He had sent Advocate notice and met the officials of the bank. But the OP Bank authority did not pay any heed to and getting no relief the complainant is constrained to file this case for proper relief.
Contd…P/5
Form the written version and the submission made by the OP, it is seen that the OP stressed over the fraud committed by his staff and
over the matter the OP lodged an F.I.R with the Balurghat PS, and the OP requires permission from the higher authority for necessary payment or encashment and which according to the OP is the main reason for delay. However, the OP did not deny to pay or for encashment.
Here in this case the OP has not filed the copy of the F.I.R but from the written version itself, it can be seen that the said F.I.R has been lodged only on 30.11.2016 that means after lodging of this present case.
If any fraud had committed by any staff of the bank and owing to such reason he could not credit the draft amount to the bank account of the complainant, then it is not clear why the bank authority elapsed more than a year to lodge the FIR. It can be deduced from the conduct of the OP that he did not take the matter sincerely and seriously, which he ought to have taken, but he moved only when the instant case is filed. Moreover the story of alleged fraud committed by one of the staff of the OP is not believable to us as no cash transaction had taken place. The complainant deposited the drafts in the bank which was supposed to be credited to his savings bank a/c. The bank authority has also unable to produce any document to prove that the money in question has been diverted to some other account by way of fraud practice committed by its staff.
Considering the above discussion, we hold the view that the complainant is a consumer and the OP bank is negligent and there is deficiency in service on the part of the OP Bank.
Contd…P/6
Every customer of the bank is important and should be treated equally and service must be rendered more effectively and timely.
The complainant is, therefore, entitled to get back the draft amount from the OP.
Hence, all the points have been discussed exhaustively and elaborately.
All the points have, therefore, decided in favor of the complainant,
Hence, it is
O R D E R E D
that the instant case is allowed in part.
The OP is directed to encash the drafts and deposit the draft amount to the Bank A/c of the complainant within 45 days from the date of this order.
The OP is further directed to pay interest as per the existing saving bank interest rate over the draft amount since their respective deposits till the date of payment or credit the same to the complainant’s bank a/c.
The OP is further directed to pay Rs.6,000/- as compensation & Rs.2,000/- as litigation cost to the complainant within the said period of 45 days, failing which the entire amount shall carry an interest @8% p.a. till realization, out of which the complainant shall deposit a sum of Rs. 1,000/- (Rupees One thousand) only in the “ State Consumer Welfare Fund ” (A/c No. 0093000100310261) payable at P.N.B. Balurghat Branch, within 7 days from the date of encashment and payment.
Contd…P/7
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
……………….…….
(S. Ganguli)
President-in-Charge
I concur,
…………..……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of despatch ……………………
- Date of despatch ……………………
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