DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
D.F.Case No.114/2007
Complainant: Sanat Chakraborty,
Vill.-Karanda, P.O.-Khargram-Karanda,
P.S.-Memari, Dist.-Burdwan
VERSUS
Opposite Party:1. Chief Manager,
Zonal Office, Bank of India,
Howrah Zonal Office,
Madhusudan Apartment(4th floor),
P-18,Dabson Lane, Howrah-711 101.
2. The Manager,
Bank of India,
Palsit Branch, P.O.-Bhaita,
P.S.-Memari, Disst.-Burdwan.
3. Cashier,
Bank of India,
Palsit Branch, P.O.-Bhaita,
P.S.-Memari, Disst.-Burdwan.
Present : Hon’ble President: Sri Tushar Kanti Paladhi
Hon’ble Member : Smt. Jharna Majumder
Appeared for the Complainant: Ld. Advocate, Subrata Ghosh.
Appeared for the Opposite Party No.1, 2 & 3: Ld. Advocate, Ahibhushan De.
Date of delivery: 6.8.2009
JUDGEMENT
This is a case U/S 12 of C.P. Act, alleging deficiency in service and unfair trade practice against the O.P., Bank of India, and praying for return of Rs.10,000/- along with interest and for other relief.
The complainant’s case is that he has two accounts, one Savings Account, numbering 582 and other Loan Account, numbering 232 in the O.P. Bank. He deposited Rs.10,000/- on 4.1.2007 in his Savings Bank Account. Thereafter, at the request of the Branch Manager, he filled up withdrawal slip, intending to withdraw Rs.10,000/- from the Savings Bank Account and transfer the same amount in his Loan Account. Thereafter, he deposited the slip with O.P. No.3, the Cashier of the O.P. Bank. Afterwards, the complainant came to know from his pass book after updating that Rs.10,000/- has been deposited and thereafter withdrawn from his Savings Bank Account on 4.1.2007. But the same amount was not credited in the Loan Account. The complainant informed such before the Bank Authority. The Branch Manager intimated him by letter dated 10.7.2007 that the said amount has been transferred in his Savings Bank Account. But as the complainant did not trace out such amount in any of his two accounts of the O.P., so he has filed this case.
O.P. Bank contests this case by filing written objection, stating that the complainant submitted two slip before O.P. No.3, Cashier of the O.P. Bank on 4.1.2007, one, withdrawal intending to withdraw Rs.10,000/- from his Savings Bank Account, and other deposit slip to deposit the same amount in the same account. According to the O.P. Bank, the complainant had intention to deposit such amount in his Loan Account but by mistake he wrote the number of the Loan Account in his deposit slip. Due to inadvertence of Computer Operator, at first the entry of deposit has been made in the Savings Bank Account and thereafter withdrawal of Rs.10,000/- has been shown.
Points for consideration in this case are:-
1. Whether there is deficiency in service on the part of the O.P. Bank?
2. Whether the complainant is entitled to get relief as prayed for?
FINDINGS WITH REASON
Admittedly, there was transaction of Rs.10,000/- by the complainant on 4.1.2007 in the O.P. Bank. According to the complainant, the same amount was deposited in cash by him in the Savings Bank Account, and thereafter the same amount was transferred by withdrawal slip to the Loan Account at the instance of the Branch Manager. The complainant’s allegation is that such amount of Rs.10,000/- is not entered in the Loan Account. The question is whether the complainant deposited Rs.10,000/- in cash that date. Our attention is drawn by Ld. Lawyer of the O.P. Bank to the deposit slip. There is no mention of number of notes in the deposit slip though, there is place for it. If actually, the complainant deposited Rs.10,000/- in cash that date, such number of notes was mentioned in the deposit slip. From such conduct of the complainant, the Forum can believe story of O.P. Bank that the entry in the pass book was not properly made by the Computer Operator. The Computer Operator had made entry of the deposit of Rs.10,000/- at first instead of showing Rs.10,000/- as withdrawn. The Forum is also of the view that such act of the Computer Operator is deficiency in service on the part of the O.P. Bank. For such act of the Computer Operator, the scope of confusion arose. The O.P. Bank may be directed to give compensation for such act of the Computer Operator. Thus, the complaint case may be disposed of accordingly. C.F. paid is sufficient. Hence,
ORDERED
that the case be disposed of accordingly on contest. The O.P. Bank will pay Rs.5000/- as compensation for deficiency in service as stated above. We do order of no cost.
(Tushar Kanti Paladhi)
President,
DCDRF, Burdwan
Dictated & corrected by me
(Tushar Kanti Paladhi)
President,
DCDRF, Burdwan
(Mrs.Jharna Majumder)
Member,
DCDRF, Burdwan