DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No 183 of 2015
Date of filing: 17.8.2015 Date of disposal: 03.02.2016
Complainant: 1. Smt. Sabita Mondal, W/o. Biswanath Mondal.
2. Biswanath Mondal, S/o. Late Kasinath Mondal, both are residing at Korar, PO: Korar, PS. & District: Burdwan – 713 102.
-V E R S U S-
Opposite Party: 1. United Bank of India, having Head Office at 11, Hemanta Basu Sarani, Kol- 700 001, represented by its Officer-in-Charge.
2. The Chief Manager, United Bank of India, Burdwan Branch, having office at Baidyanath Katra Building, B.C. Road, PO., PS. & District: Burdwan – 713 101.
3. The Branch Manager, United Bank of India, Siakhala Branch, Siakhala, District: Hooghly – 712 706.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Appeared for the Complainant: Ld. Advocate, Tamal De.
Appeared for the Opposite Party No. 1: None.
Appeared for the Opposite Party No. 2&3: Ld. Advocate, Sukumar Sain.
J U D G E M E N T
This complaint is filed by the complainants u/S. 12 of the C.P. Act, 1986 alleging deficiency in service as well as unfair trade practice against the ops as the ops have illegally and unlawfully deducted a hefty amount from their account.
The brief fact of the case of the complainants is that they opened one S.B. account jointly with the op-2 on 22.11.2006. It was decided that the account will be operated by either or survivor having a cheque facility. On 13.7.2015 the balance amount was in the account for Rs. 3, 54,168=55. On 13.7.2015 the complainants issued one cheque to Mr. Asim Shaw being cheque no. 532514 for Rs. 12,000=00. After withdrawal of the said amount the balance in the said account was to be for Rs.3, 42,168=55. On 28.7.2015 when the complainants went to the op-2 for updating the pass book they became surprised upon perusing the balance amount in the said account because they found that a sum of Rs. 3,10,000=00 had been withdrawn from the said account on 14.7.2015. The operating staff of the op-2 was requested by the complainants further to check the account very carefully and after checking the same for the second time the complainants got knowledge that a sum of Rs. 3,10,000=00 has been withdrawn from the said account by issuing cheque being no. 532516 by one Mr. Habibul Islam Mallik. Immediately without wasting any time and without leaving the bank premises the complainants made a complaint to the op-2 on 28.7.2015 stating that the original cheque book including the said cheque being no. 532516 is under their custody and they never issued to anyone the cheque after issuing the cheque 532514, but the account is displaying that the above number of the cheque i.e. 532516 has been used by some unknown person and thus the complainants prayed for taking necessary steps against such fraud. Without getting any reply of the said complaint from the op-2 the complainants made a further complaint to the op-2 on 01.8.2015. After four days from the date of second complaint, the op-2 sent a registered letter with A/D dated 05.8.2015 to the complainants requesting to deposit all unused cheques issued by the op-2 in respect of the said account immediately for investigation regarding the fraudulent withdrawal of Rs. 3, 10,000=00 from the said account. The complainants received the said letter on 08 .8.2015. But the op-2 did not take any steps till date inspite of several requests by the complainants. Though the op-2 directed the complainants to deposit the unused cheques but the complainants did not deposit the same. The op-2 was requested by the complainants to deposit the withdrawn amount in his account because they did not withdraw the said amount either personally or through any person by issuing cheques. The complainants have stated that the said money is required for making payment towards the consideration amount of purchasing a plot of land but the bank is continuously threatening the complainants with a view to snatch the said cheques by hook or by crook and the complainants are told that until and unless the original cheque book along with the said leaf is deposited to the bank, fresh cheque book will not be issued and no transaction will be done. Due to such reason the complainants are facing very much trouble. As the grievance of the complainants had been redressed by the op-2 bank, hence having no alternative they have approached before this ld. Forum praying for direction upon the op-1 for making payment of Rs. 3,00,000=00 towards compensation due to unfair trade practice and deficiency in service either by it or its subordinate branch being op-2&3, to the op-2 directing to deposit a sum of Rs. 3,10,000=00 in their account along with interest, Rs. 2,00,000=00 towards compensation due to unfair trade practice and deficiency in service, Rs. 1,00,000=00 by the op-3 towards compensation due to unfair trade practice and deficiency in service, Rs. 50,000=00 due to mental agony and pain and Rs. 40,000=00 as litigation cost.
After admission of this complaint notices were issued upon the ops through this ld. Forum. On 24.9.2015 the op-2&3 filed vokalatnama and prayed time for filing written version. Date was fixed on 29.10.2015 for filing written version by the op-2&3. On 24.9.2015 it is seen by this ld. Forum the postal track report revealed that the op-1 got the notice from this ld. Forum, but chooses not to appear before this Forum and for this reason the case was running ex parte against the op-1. From the daily order sheets it is evident that inspite of getting several times for filing written version the op-2&3 did not file the same and for this reason having no alternative this Forum decided to fix the argument of this complaint ex parte against all the ops. Thereafter on 04.01.2016 the op-2&3 filed a petition praying for further date, the same was rejected and this Forum was pleased to fix this complaint for hearing ex parte on 28.01.2016. On 28.01.2016 though the op-2&3 had filed hazira but on repeated calls none appeared. For this reason the ld. Forum heard the matter from the ld. Counsel for the complainants. During hearing the complainants filed some valuable documents and the same has been kept under safe custody of this ld. Forum. Be it mentioned that after completion of the argument the ld. Advocate for the op-2&3 appeared at around 1:45 pm and submitted the written version on behalf of them along with a petition praying to accept the same. Copy served and the complainants received the said copy with strong objection. As the argument was over the written version along with the petition filed by the op-2&3 has been kept in the record.
We have carefully perused the record and the documents filed by the complainants as well as the original pass book and cheque book filed by them. We have heard argument advanced by the ld. Counsel for the complainants. It is seen by us that admittedly the complainants are the consumers of the Ops’ bank as they have a joint S.B. account with the op-2, which was opened on 22.11.2006 being A/c. no. 0203010436384. It was settled that the said account will be operated by either or survivor and the complainants enjoyed cheque facility. From the original pass book it is evident that on 13.7.2015 there was balance of Rs. 3, 54,168=55 paisa in the said account and on that date one cheque was issued by the complainants to Mr. Asim Shaw vide cheque no. 532514 for a sum of Rs. 12,000=00. The original pass book reveals that after deduction of Rs. 12,000=00 by using the above-mentioned cheque the balance amount was of Rs. 3, 42,168=55 paisa. It is seen by us that the complainants did not use and issue any cheque after issuance of cheque no. 532514. From the original document filed by the complainants it is seen by us that though the complainants have written the cheque leaf no. 532515 but the same remains intact under the custody of the complainants, not used by them. On 28.7.2015 the complainants went to the op-2 for updating their passbook but after the same they became very much surprised upon perusal of the balance amount because they found that a sum of Rs. 3, 10,000=00 has been withdrawn on 14.7.2015 by one Habibul Islam Mallick and by issuing cheque No. 532516. From the original document we have also noticed that the original cheque leaf i.e. 532516 remains intact with the cheque book till date. Hence question does not arise for issuance of the said cheque by the complainants and in other words the said cheque leaf had not been misplaced by the complainants. Thereafter question cropped up in our mind how the suspicious person Habibul Islam Mallick used the said cheque and withdrawn a hefty amount to the tune of Rs. 3, 10,000=00 from the account of the complainants. As the cheque book along with the said cheque leaf has not been misplaced hence question of lodgment of an FIR does not arise. Upon perusal of the balance amount on 28.7.2015 the complainants made complaint immediately without wasting any time stating that they possessed the original cheque book along with the said cheque leaf, they did not issue the said cheque leaf either by them or to anyone. Therefore misuse of the said cheque leaf on their behalf does not arise. Requests were made by the complainants for taking necessary steps against such fraud immediately. But till 01.8.2015 as the complainants did not get any reply from the op-2, on 01.8.2015 the complainants made further complaint to the op-2. In reply the op-2 intimated the complainants by issuing letter dated 05.8.2015 to deposit all unused cheques issued by it in connection with the aforesaid account number in their name immediately for investigation relating to fraudulent withdrawal of Rs. 3, 10,000=00 from the said account. But admittedly the complainants did not submit the unused cheques before the op-2 and prayed for relief. Thereafter the bank did not take any step for redressal of the grievance and having no alternative this complaint is filed. It is true that without taking any connivance with the bank personnel such hefty amount cannot be withdrawn but who had done this mischief the same has not yet been identified, rather the bank did not disclose the name of the said personnel through whom such mischief has been done. Due to such inaction on the part of the op-Bank we are inclined to hold such action of the bank as deficiency in service as well as unfair trade practice. It is not clear to us how the miscreant, namely, Habibul Islam Mallick withdrawn such hefty amount by using such cheque leaf which is admittedly lying under the custody of the complainants. Due to such deficiency in service the ops are liable for making payment of compensation to the complainants. We are also of the view that the complainants are also entitled to get back the said amount of Rs. 3, 10,000=00 as withdrawn by some miscreant illegally because it is their hard earn money. Therefore bank is also under obligation to refund the said amount to the complainants immediately. As the ops did not redress the grievance of the complainants before approaching the court of law and by filing this complaint the complainants have incurred some expenses, hence the ops are also liable for making payment of litigation cost to the complainants.
Going by the foregoing discussion hence, it is
O r d e r e d
that the complaint is allowed ex parte with cost. The ops are directed to refund either severally or jointly a sum of Rs. 3, 10,000=00 (Rs. Three lack and ten thousand) only to the complainants by way of crediting such amount in the joint S.B. A/c. of the complainants lying in the Burdwan Branch, United Bank of India within 45 (forty five) days from the date of passing of this order, in default, the said amount shall carry penal interest @10% (ten per cent) per annum for the default period. The ops are also directed to make payment either severally or jointly compensation to the tune of Rs. 75,000=00 (Rs. Seventy five thousand) only due to mental pain, sufferings agony and financial loss and litigation cost of Rs. 5,000=00 (Rs. Five thousand) only to the complainants within a period of 45 (forty five) days from the date of passing of this judgment, in default, the complainants will be at liberty to put this order in execution as per provisions of law.
Let plain copies of this final order be supplied to the parties free of cost as per provisions of Consumer Protection Regulations, 2005.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
