DATE OF FILING                    :           05-10-2012.

DATE OF S/R                            :         30-11-2012.

DATE OF FINAL ORDER      :           25-02-2013..

S.K. Alfa Zuddin,

son of S.K. Tabroj,

residing at Munshirdanga, Bankra –II, P.O. Bankra,

P.S. Domjur, District –Howrah,

PIN – 711 403.-----------------------------------------------------------------  COMPLAINANT.

Versus   -

1.            UCO Bank,

having its head office

 at10, B.P.M. Sarani,

Kolkata – 700001.

2.            The Branch Manager,

UCO Bank, Bankra Branch,

P. O. Bankra, P.S. Domjur,

PIN – 711 403. -----------------------------------------------------OPPOSITE PARTIES.

                                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya,M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

Complainant Sk. Alfa Zuddin by filing a petition U/S 12 of the C.P. Act, 1986

( as amended up to date ) has prayed for a direction to be given upon the o.ps. to return a sum of Rs. 1,50,000/- with an interest @ 18% p.a. from the date of withdrawal of such amount from his account i.e. from 23-02-2010 along with other order or orders as the Forum may deem fit and proper.

Brief fact of the case is that complainant is maintaining one savings account

with the o.p. no. 2 being no.07390100005810 since 2003. On 17-02-2010 complainant deposited to his that account a sum of Rs. 1,00,000/- and already there existed a balance of Rs. 51,549/- in his that account vide annexure collectively P-1 running page 12. So, his account balance became Rs. 1,51,549/- in total. But on 23-02-2010  to his utter surprise, he came to know, as he visited his branch, that his balance has been reduced to Rs. 1,549/- only because a sum of Rs. 1,50,000/- was withdrawn from his account vide cheque no. 382921, although he never withdrawn any amount from his account vide annexure P-1,

Page 12. Further  complainant stated that he never issued any such cheque in favour of any person  or authority. It is also alleged that bank official was negligent enough which led to the unauthorized withdrawal of such a big amount of  Rs. 1,50,000/-.Complainant met bank manager for several times with the request to rectify it and refund the money to his account. But no fruitful result came out except all false assurances by the manager. But on his repeated requests, competent authority of the said branch took some of his signatures on 13-01-2012 vide annexure p-2. And on query, he came to know that those signatures were obtained for verifying his other signatures appearing on many documents including the alleged cheque no. 382921. Even after that bank neither reimbursed his amount nor sent any letter stating therein what they found after comparing the signatures. Ultimately on 13-06-2012, complainant sent a legal notice to the o.ps. with the same request asking them to refund him Rs. 1,50,000/- with an interest @ 18% p.a. since 23-02-2010 vide Annexure P-3. After receiving the said letter, some officials of o.p. no. 2 verbally told the complainant that the signature in the alleged cheque through which such a big amount was withdrawn, did not match with the complainant's signature, so bank would return money immediately. But till the filing of this case, bank did not do so. And such non-action on the part of bank caused severe mental agony and physical harassment to the complainant which compelled him to file this instant petition with the aforesaid prayers.

Notice was served upon the o.ps. But none appeared and filed any written

version. Accordingly, the case was heard ex parte.

Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

Both the points are  taken up together for consideration.             Complainant filed the

petition of complaint swearing an affidavit. It is crystal clear from the Annexure P-2 that bank took complainant's specimen signature of fourteen numbers on 13-01-2012 not for anything else but to compare those with the signature appearing on the alleged cheque being no. 382921 dated 23-02-2010. And it is also true with all certainty that the signatures appearing on Annexure P-2 did not match with the signature appearing on the alleged cheque through which a very big amount of Rs. 1,50,000/- was withdrawn from the complainant's  account. Otherwise, had it not been so and signatures of Annexure P-2 matched with the signature appearing on the alleged cheque dated 23-02-2010, bank would have definitely sent a letter to the complainant, stating therein that complainant

himself had withdrawn such amount and no reimbursement could be made. Banks maintain a silence over the issue that itself shows that Bank was very much negligent at the time of encashment of the alleged cheque that led to the financial loss of the complainant in a big way for which unnecessarily complainant had to move from pillar to post. It was a gross negligence on the part of the bank. Moreover, even after receiving summon, bank never appeared and filed any written version controverting the allegations made out by the complainant in his complaint/ petition. And there is no difficulty to believe the unchallenged testimony of the complainant.  Accordingly, we are of candid opinion that it is a fit case where complainant's prayer should be allowed and the case succeeds on merit against o.ps. with costs. 

                Points under consideration are accordingly decided.

                Hence,

                                                                O     R     D      E      R      E        D

                That the C. C. Case No. 131 of 2012 ( HDF 131 of 2012 )  be  allowed ex parte  with  costs  against  the O.Ps. 

                That the  O.Ps. are jointly and severally directed to refund the amount of Rs. 1,50,000/- to the complainant's account being no. 07390100005810 within 15 days from this order, i.d., the amount shall carry an interest @ 12% p.a. till the actual refund.

                That the complainant do get an award of Rs. 25,000/- as compensation and Rs. 5,000/- as litigation costs. The o.ps. are directed jointly and severally to credit the entire amount of Rs. 30,000/-  within  one month i.d., this amount shall carry an interest @ 10% p.a. till actual credit.  

                The complainant is at liberty to put the decree into execution after expiry of the appeal period.

                Supply the copies of the order to the parties, as per rule.