PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 79/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sarthak Kumar Sahu,

S/O-Sunil Kumar Sahu,

R/O-Jhankarpada, Po/Ps-Hirakud,

Dist-Sambalpur-768016, Odisha.                             ………………......Complainant.

Vrs.

The Branch Manager,

State Bank of India, Hirakud Branch(IFSC-SBIN0010256),

At/PO/Ps-Hirakud,

Dist-Sambalpur-768016, Odisha.                        ……………......Opp.Party

Counsels:-

1. For the Complainant         :- Sri. P.Mahapatra & Associates
2. For the O.P.                        :- Sri. A.K. Das.

Date of Filing:23.05.2023,Date of Hearing :26.12.2023,Date of Judgement : 05.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant is having a saving Bank A/C No. 00000033029383995 with O.P. and ATM Card No. is 4951-1503-4516-4891. On 08.05.2023 at 5.37 P.M. the Complainant deposited Rs. 54,900/- through CDM and entry slip of 105 Nos Rs. 500/- notes, 2 nos. Rs. 100/- notes and 5 nos of Rs. 200/- notes identified and 4 nos of notes could not be identified 2 nos of Rs. 100/- notes and one Rs. 200/- was deposited. The amount was not credited. On the next day contacted the O.P. who expressed technical glitches in the machine and within two days it will be credited, assurance was given. After two days when O.P was contacted but returned uncredited. For medical urgency amount was deposited but the O.P. remained silent and became hostile. Being aggrieved this complaint was filed.
2. The O.P. after appearance submitted that complaint has been given by the Complainant and the O.P. told to enquire and verify the grievance and resolve the problem without delay. The O.P. found excess amount above the amount of Complainant that means some other customer’s amount may be mingled with the Complainant. The reason of stuck of CDM machine could not be ascertained and the machine may be jammed. As some unidentified persons amount was with O.P. machine the amount could not be credited. On 24.05.2023 the Complainant’s account was up-dated after confirmation. The cause of delay was unknown denomination of Rs. 500/- two pieces and Rs. 100/- two pieces identified.

The Complainant made complaint before Ombudsman on 21.05.2023 and the O.P. was directed to pay the interest applicable after due verification. S.B. interest 2.7% for 16 days was credited on 31.05.2023, other averments are denied. In case of old, mutilated currency such problem arises. The O.P. on 20.05.2023 tried to intimate over phone but the Complainant did not respond. There is no any deficiency on the part of the O.P.

3. Perused the documents filed by both the parties. It is admission of both the parties that on 08.05.2023 the Complainant deposited Rs. 54,900/- and the CDM machine could not identify certain notes for which it was not credited to the account of Complainant. On 09.05.2023 after complaint ultimately on 31.05.2023 the amount was credited in the account with 2.7% for 16 days delay. When the dispute could not be resolved till 20.05.2023 the Complainant filed complaint before Ombudsman and direction was given to O.P. to deposit the uncredited amount with 2.7% interest. The O.P. in reply submitted that due to old and mutilated note there was jam in the machine and some unidentified notes of other customers detected. As per Reserve Bank of India guidelines it was the duty of O.P. to resolve the dispute within three days but dispute was not resolved. Complaint was filed before Ombudsman and as per direction only the O.P. deposited on 31.05.2023.

The Complainant filed some medical documents like prescriptions and treatment details of the Complainant in Apollo Hospital. Due to such problem in CDM the Complainant sustained not only harassment but was compelled to prefer complaint before Ombudsman. No doubt financial recovery with interest part covered but for harassment no any order has been passed by the Ombudsman.

Non deposit of money in time and harassment for recovery must have created hostile situation between the parties. The O.P. in reply stated with malafide intention complaint has been filed. The O.P. has not worked in a bonafide way, violated the Reserve Bank guidelines and accordingly deficient in its service. The O.P. not filed the account statement and order of Ombudsman also.

Accordingly, it is ordered:

ORDER

The complaint is allowed on contest against the O.P. for deficiency in service and harassment. The O.P. is directed to pay compensation of Rs. 10,000/- and litigation expenses of Rs. 10,000/- to the Complainant within one month of this order, failing which the amount will cover 6% interest P.A. w.e.f. date of order till realization.

Order pronounced in the open court on 5^th day of Feb 2024.

Supply free copies to the parties.