Orissa

Nuapada

CC/17/2016

Abinash Patra - Complainant(s)

Versus

S.S.Pradhan, B.M., S.B.I., Azad Chok Branch, Khariar - Opp.Party(s)

M.Panda & K.K.Hota

03 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NUAPADA,ODISHA
 
Complaint Case No. CC/17/2016
 
1. Abinash Patra
S/o- Jayanta Kumar Patra, At/Po-Khariar, Ward No-4, Ps-Khariar
Nuapada
Odisha
...........Complainant(s)
Versus
1. S.S.Pradhan, B.M., S.B.I., Azad Chok Branch, Khariar
Azad Chok Branch, Khariar, At/Po/Ps-Khariar
Nuapada
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Mr Binod Bihari Mishra PRESIDING MEMBER
 HON'BLE MRS. Chumki Bose MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 03 Jan 2017
Final Order / Judgement

J U D G M E N T.

 

Brief facts of the case is that :- The Complainant/Petitioner has filed this case after being aggrieved in the act of O.P. B.M., (S.B.I.) Azad Chowk Branch, Khariar Dist. Nuapada.  The O.P. has hold the account of the petitioner who is a customer of O.P. having his Saving Bank Account vide No. 31309687414 and the balance in the account is Rs.36,000/-. 

 

 

The account of the complainant has set hold on dated 19.7.2016 when he came to know after operating the account through ATM for the petitioner money is too much required for treatment of his ailing father who has been under treatment at Bhubaneswar for Chronic Sugar Patient.  The complainant has by enquiry to B.M. SBI, came to know his account has been put on hold, the reason not mentioned by O.P. according to the petition of the complainant even the complainant send a pleader notice to O.P. through his pleader on dated 01.8.2016 and the O.P. has received the pleader notice on dated 02.8.2016.  For the said hold  account of the complainant, the O.P. has never intimated about the matter before the holding of the account of the petitioner.  The advocate of the O.P. has replied to one by using unjustified reasons.  The petitioner is staying at Khariar having his account at the O.P. SBI, Azad Chowk, Khariar and often stay outside for business and medical purpose of his father.  For that he filed this petition for financial hardship and mental agony and pray for open the account to be functioned and pay Rs. 4,000/- for compensation towards deficiency in service by the O.P.

 

The O.P. SBI, Azad Chowk, Branch Khariar has filed his written version/ statement on dated 25.10.2016 prior to that the O.P. has sent  a pleader notice, replying the matter of deficit and document required for opening or functional of the account of the petitioner.  The O.P. has only given notice for filing of KYC before O.P., due to the account holder transaction in the past two years is suspicious and doubtful it is mandatory as per PML Act, 2002.  

 

The customer should be informed present address of him before the Bank where the account is exists.  The O.P. (SBI, Azad Chowk, Khariar) also suspected and observed the transaction of his customer (present complainant) due to bouncing of high value cheque and insufficient balance in the account.  For that the O.P. has sent notice

 

 

and reminder to the customer present petitioner.  The O.P. has filed certified copy of N.I. Act case pending before thee J.M.F.C., Khariar vide No. ICC Case No.-4 of 2016.  The complainant being a customer of O.P. who has bounced three check issued by him in different date and amount as certified copy filed by the O.P.   The present complainant/petitioner as a customer of O.P. he has dishonor the cheque due to insufficient balance by high amount of transaction are being made during the past two years still the present petitioner has never filed KYC and not received any corresponding letter of O.P. and found absent in his residence .The advocate  for the petitioner argued that set hold of the non function of account  of a customer is clear instance of deficiency  in service by the Op.As  the customer/petitioner  has opened his account  by filing   the requisite documents at the time of  opening  of account and the OP SBI ,Khariar  has  no right  to hold the account  of the customer without any prior  notice or intimation .Hence  the Op has to compensate  the claims filed by the petitioner due to deficient  in their service  as a Service Provider.

 

Observed the record and the petition of the complainant  and version of the OP. The Hon’ble Forum  has observed that  the set hold of account of the complainant with sufficient reasons  thereof by the OP genuine  and proper  as the OP has only  requested K.Y.C. for the account holder. The Op has suspected the  highly transaction  of the present petitioner and bouncing  of  3 high valued cheque  due  to insufficient balance in the  account of  the customer.The   petitioner has neither  received the notice  of the Bank ( OP) nor filed KYC before the Bank for his fresh address and present  personally  in  the OP ( B.M., SBI ,Azad Chowk ,Khariar  .The petitioner has never  come to Forum in clean hand for any kind relief and compensation.

 

 

 

 

                             O R D E R

Perused record and after hearing  and argument by the counsel   of both  the parties  the Hon’ble Forum has decided  the transaction  made  by the petitioner  and  non-cooperation of the  statement of the OP even the petitioner personally  never appear before the Forum except  his advocate . Therefore his act is doubtful and suspicious and suppresses the material facts in this case.

Hence   this case is not maintainable and dismissed without any cost.

Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 3rd  day of January 2017.

 
 
[HON'BLE MR. Mr Binod Bihari Mishra]
PRESIDING MEMBER
 
[HON'BLE MRS. Chumki Bose]
MEMBER

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