Hon'ble Mr. Sudip Niyogi, President
By filing an application before this Forum, the Complainant claiming to be a man of Village Nandina within Dinhata P.S of Cooch Behar and a BPL Card Holder having BPL No.WB-08-006-007-016/ON 67 stated that he obtained cash under Indira Abas Yojana scheme in brief IAY. He had an Account with Uttarbanga Kshetriya Gramin Bank, Nayarhat Karala Branch (hear in the Op). According to him, the first instalment of the said scheme amounting to Rs.22,500/- was credited to his said Account and on 17.02.14, he withdrew the said amount from his Account. The amount of second instalment under the said scheme, which was also for Rs.22,500/-, was also duly credited to his Account but he could not know the date thereof. Later, having come to know about second instalment being credited to his Account, he went to the OP Bank on 16.10.14 but astonishingly, he came to know that the said amount was already withdrawn from his Account by somebody else with the help of a fake signature. He informed the matter in writing to the Manager of the OP Bank, copy of which was also sent to the Government authorities. In order to get relief, he filed the instant case claiming for the amount of second instalment of Indira Abas Yojana scheme and also compensation etc. amounting to Rs. 32,850/- in total.
From the materials on record, it is found that no w/v was filed on behalf of the OP despite having been given ample opportunities. It is found subsequently that evidence on affidavit was filed on behalf of the OP alongwith copies of several documents which were made as Annexures. From this, the contention of the Op is found to be denial of the allegations made by the Complainant. It is also pointed out that on the basis of a complaint, Dinhata Police is investigating the case. According to the OP, the Complainant himself withdrew the amount of second instalment under Indira Abas Yojana scheme.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per provision under Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Is there any deficiency in service on the part of the OP as alleged by the Complainant?
- Whether the Complainant is entitled to get any relief/reliefs, as prayed for?
DECISION WITH REASONS
Point No.1 and 2.
The Complainant filed his evidence and also written argument in this case besides the complaint. He has an Account with the OP Bank and he alleged about withdrawal of the amount from his Account by somebody else with the help of a fake signature. According to him, that amount was withdrawn in collusion with the Bank employees. The allegation as made in the complaint by the Complainant is a severe allegation made against OP Bank, which maintains the Account of the Complainant. The Complainant is, no doubt, falls within the definition of “consumer “as per Consumer Protection Act, 1986. The Complainant as also the Op Bank are also located within the jurisdiction of this Forum and the relief claimed by the Complainant is also within the pecuniary limit of this Forum. Therefore, both the issues are decided in favour of the Complainant.
Point No.3 and 4.
Though original documents and Savings Bank Account Pass Book have not been produced in this case, it is found from the Xerox-copies that the Complaint is having a Savings Bank Account No. 4000801010003727 with Uttarbanga Kshetriya Gramin Bank, Nayarhat Karala Branch and in fact, this has also been admitted by the OP Bank. In the evidence on affidavit filed by the Op, it has been claimed that the amount of second instalment of Rs.22,500/- was duly withdrawn by the Complainant, whereas the case of the Complainant is that he obtained only the first instalment while the amount of second instalment has not been withdrawn by him and it was withdrawn by somebody else not known to him. From the documents filed on behalf of the Op Bank including the Statement of Account of the Complainant, it is found that Annexure-IV which is the Statement of Account for the period from 01.01.14 to 31.12.14, the Complainant had a balance of Rs.10,156/- on 01.01.14 as brought forward. On 31.01.14, an amount of Rs.22,500/- was credited to his Account by Transfer under Indira Abas Yojana scheme. On 17.02.14, the Complainant withdrew Rs.30,000/-. Thereafter, on 14.06.14, the amount of second instalment under Indira Abas Yojana scheme, which is for Rs.22,500/- was credited to his Account and on 16.06.14, the said amount of Rs.22,500/- is found to have been withdrawn. It is the specific claim of the Complainant as stated before that the withdrawal of this amount on 16.06.14 was not done by him. He categorically denied having withdrawn the said amount by making his signature in the withdrawal slip.
It is found that later, on the application of the Complainant, his specimen signature alongwith disputed signature were sent to the Director, Question Document Examination Bureau, CID, West Bengal, Kolkata and subsequently, the report was from the said Bureau with the findings that the signature of the first withdrawal slip and second withdrawal slip are not identical. The findings of the said Hand-writing Expert received by this Forum is also not disputed by the Op. Thus, the contention and the allegation of the Complainant about withdrawal of second instalment on the basis of a fake signature or in other words, that the Complainant did not withdraw the amount of the second instalment of Rs.22,500/- on 16.06.14 from his said Account, is vindicated.
The Complainant is found to be a man belonging to BPL category and largely dependent on benefits of the Social Welfare Schemes like Indira Abas Yojana etc. under the Government. This type of scheme is formulated by the Government for upliftment in the status of the people belonging to BPL category and if the people under BPL category are made to get deprived of the Social Welfare Scheme by way of manipulation or otherwise, they become the worst sufferer in the society and this way the purpose of the Government in formulating such type of Social Welfare Scheme will be frustrated. It is a clear cut case of deficiency in service on the part of the OP Bank That being so, the Complainant rightly approached this Forum to seek redressal in the form of getting compensation etc.
So, the Complainant is entitled to Rs.22,500/- being the amount of second instalment under Indira Abas Yojana scheme.
This case is found to have been pending since 2014 and we are now in 2019. The Complainant has to fight this battle for long these years for no fault of his. Therefore, we are in favour of giving Rs. 15,000/- towards mental pain and agony and Rs.10,000/- towards cost of litigation.
This way, these two points are also decided in favour of the Complainant.
Hence,
It is ordered
That the instant case be and the same is allowed on contest with cost.
The Op is directed to pay Rs.22,500/- to the Complainant being the amount of second instalment under Indira Abas Yojana scheme. This apart, OP is directed to pay Rs.15,000/- to the Complainant for mental pain and agony. Op is also to pay Rs.10,000/- towards cost of litigation to the Complainant.
The aforesaid order has to be complied within 45 days from the date of this order, failing which the Complainant shall be at liberty to execute the orders in accordance with law.
If the awarded sum is not paid within the said stipulated time, the said sum shall carry interest @6% per annum for the period until realization and the Op is liable to pay the interest to the Complainant.
Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any. The copy of the Final Order will also be available in the official Website: confonet.nic.in.
Dictated and corrected by me.
