West Bengal

Bankura

CC/98/2015

Piari Lal Mandi - Complainant(s)

Versus

Branch Manager, Bangiya Gramin Vikash Bank - Opp.Party(s)

Self

05 Dec 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 98/2015

            Date of Filing: 21/08/2015

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                            

 

For the Complainant:  Ld. Advocate Jayanta Kumar Mukhopadhyay

For the O.P.: Ld. Advocate Chadi Charan Adhvaryyu

                                                                                                                                                                    

Complainant

Piari Lal Mandi, S/o Late Sanatan Mandi, R/o Jhantipahari, Mangal Dwep Ashram, Dt.Bankura

Opposite Party                                                                                                                                                                                                                                          

1.The Branch Manager, Bangiya Gramin Vikash Bank, Jhantipahari, Dt.Bankura

FINAL ORDER / JUDGEMENT  

Order No.49

Dated:05-12-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he has an S.B. A/c No.5249010004892 with O.P./Bank and he withdrew Rs.30,000/- on 19/05/2015 and Rs.13,000/- on 26/05/2015 but on updating the Pass Book it was found that the withdrawal of Rs.50,000/- on 20/05/2015 and withdrawal of Rs.80,000/- on 21/05/2015 were made by forging his signature in the withdrawal slips. Though the matter was brought to the notice of the O.P./Bank Authority but no action was taken on their part. Hence this case.

O.P./Bank contested the case by filing a written version denying all the material allegations made in the complaint contending inter alia that both the withdrawals are valid and genuine and carried out at the instance of the complainant by signing withdrawal slips.

.                                                                                                                                                                                      Contd……p/2

                                                                                                       Page: 2

.                                                                                    -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that similar transactions were made by the complainant by signing his name in the withdrawal slip prior to and subsequent to the disputed transactions. There is no material on record to justify the claim of the Complainant. However for fair disposal of the case on the consent of both parties the Commission by order dated: 16/08/2023 directed the Regional Manager of O.P./Bank to verify the genuineness of the disputed transactions and the Regional Manager by his report dated: 07/10/2023 has submitted before the Commission that the handwriting of the Complainant was compared, vouched and verified with the cheques and it is concluded that it was consistent with the sample available with the Bank and as such the signature of the Complainant in both the withdrawal slips was found to be original and correct and it is further pointed out in the said report that similar withdrawals were made on 16/04/2015, 28/04/2015, 07/05/2015, 19/05/2015 & 26/05/2015 and the Complainant has not raised any objection and allegation with regard to further withdrawals made in the same manner.

Accordingly the Commission finds no merit in the claim of the Complainant.

Hence, it is ordered………..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this order free of cost.

 

____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER

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