West Bengal

Dakshin Dinajpur

CC/52/2020

Mr. Mohammad Mostafa, S/O- Idrish Ali - Complainant(s)

Versus

The Branch Manager, State Bank of India, Harirampur Branch - Opp.Party(s)

Vivek Bhagat

05 Jan 2022

ORDER

 Today is fixed for passing ex-parte order. 

 The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Party claiming an amount of Rs. 20,000/- towards compensation+ Litigation cost Rs 5,000/- + Interest from the date of hold mode of the account i.e.12.02.2020.

The fact of the case, in brief, is that the Complainant is a account holder of the Opposite Party/ Bank being a/c no.32429876235. After few days ago, the Complainant observed that suddenly an amount of Rs.40,000/- + 40,000/- = Rs. 80,000/- has been found deposited in his account by transfer by Rajendra Hivalal and Rabindra Vithals who are unknown to the Complainant and he never instructed any person to transfer the said amount in his account. Having observed such situation, the Complainant informed the matter to the Opposite Party in writing on18.03.2020. Subsequently, it was observed by the Complainant that a sum of Rs.20,000/- + Rs.40,000/- = Rs.60,000/-  was withdrawn on 04.02.2020 from his account by using ATM card from Delhi  Mongalpuri. After knowing the fact from the Complainant, the Opposite Party/Bank did not solve the problem rather he put the account of the Complainant in HOLD MODE . The Complainant again informed the Opposite Party/Bank on 21.02.2020 in writing to open the account so that he could withdraw and deposit money but the Branch Manager did not pay any heed. The Complainant also sent an advocate’s letter by registered post to the Opposite Party/Bank but the Opposite Party did not response up till now. Thereis gross negligence and deficiency in service on the part of the Opposite Party/Bank.   

Having no alternative, the Complainant became bound to take the shelter of this commission for getting proper redress.  

It appears from the case record that notice which was issued to the Opposite Party and the same was received by the Opposite Party on 21.12.2020 but he did not turn up before this commission. Hence, the case is heard ex parte against the Opposite Party.

To prove his case, the complainant has submitted

(i) One original copy of Balance enquiry report dated 31.12.2021

(ii) Photo copy of letter dated 17.02/2020 addressed to O.P.

(iii)Photo copy of letter dated 21.02/2020 addressed to O.P.

(iv)Photo copy of letter dated 18.03.2020 addressed to O.P.

(v) Photo copy of Bank Pass Book of the Complainant.

(vi) Photo copy of statement of account.

                                                               DECISION  WITH  REASONS

 

             We have heard argument by Ld. Advocates for the Complainant.  Perused the evidence on affidavit , written argument and other materials on record.

           It appears from the photo copy of the pass book of the Complainant that he has a Bank account being no.32429876235 at State Bank of India, Harirampur Branch. It also appears from that passbook as well as in the statement of  account that on 04.02.2020 a sum of Rs.40,000/- + Rs.40,000/- = Rs.80,000/-have been deposited in the account of the Complainant in two times. On the same day a sum of Rs.20,000/- + Rs.40,000/- = Rs.60,000/- have been withdrawn in two times from that account. It is the contention of the Complainant that the said money has not been deposited or withdrawn by him. He also did not instructed any person to do so. He has also contended that he did not know the person who has deposited or withdrawn the said amount. From the passbook it reflects that the said amount of Rs.80,000/- has been deposited by transfer and Rs.60,000/- has been withdrawn through ATM from Delhi Monglapuri. A sum of Rs.20,000/- of the unknown person is still lying in the saving account of the Complainant along with his own amount. The Complainant informed the matter in writing to the Branch Manager but in vain. The Branch Manager in spite of solving the problem, he kept the account in HOLD MODE up till now. As the saving account of the Complainant is kept in HOLD MODE the Complainant neither can deposit nor withdraw any amount for his own use. This action of the Branch Manager effected serious hardship to the Complainant. As the Opposite Party has not contested the case so, the case of the Complainant cannot be disbelieved.

           The Complainant has claimed for opening of the account, compensation, litigation cost and interest upon the whole amount against the Opposite Party. The Complainant has not produced updated statement of account. The balance inquiry receipt dt. 31.12.2021 submitted by the complainant shows that a sum of Rs. 55,474.36 is balance in the account of the complainant till 31.12.2021 in which a sum of Rs.20,000/- is also included which is of unknown person.  Now, it is up to the Opposite Party that what arrangement is being done regarding the said Rs.20,000/- belonging to unknown person.  

              In view of the above mentioned discussions, it has been established that the Complainant is a bona fide consumer to the Opposite Party and there is deficiency in service on the part of the Opposite Party.

  Hence, it is

                                                             O R D E R E D

           

   That the Consumer Case No. 52 of 2020 is hereby allowed ex parte in part but with cost. 

           The Opposite Party is directed to remove the HOLD MODE of the saving account being No.32429876235 of the Complainant within 30 days from the date of passing of this order. The Opposite party is also directed to pay interest on the amount whatever is lying in the account of the complainant as per bank’s rule. The Opposite Party is also directed to credit a sum of Rs. 3,000/- towards compensation and Rs. 2,000/- towards litigation cost in the said account of the Complainant  failing which the Complainant is at liberty to execute the order as per law.

              Let a plain copy of this order be supplied to the parties free of cost.