DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                          C.C.NO.36 OF 2014

Present:   Sri Rabindranath Mishra            - President.

                 Miss Sudhira Laxmi Pattanaik   - Member.

Bijay Pradhan, aged 50 years.

S/O: Late Sanatan Pradhan At: Dadkipadar

PO: Sudreju Dist: Kandhamal.                           ………………..      Complainant.

                        Versus .

Branch Manager,

Indian Bank, Phulbani

At- Prakruti Bihar, Main Road, Phulbani

PO: Phulbani Town,Dist : Kandhmal                …………….  OPP. Party

For the Complainant:    Self.

For the Opp. Party     :  None.

Date of Order   : 23-05-2015

                                                                                                  O R D E R

                                    The case of the Complainant in short is that he is an account holder vide S.B Account No.6100202273 of Indian Bank Phulbani which was opened for the purpose of loan towards light and sound unit sponsored by PMEGP loan proposal for 2013-14 . Being a Consumer he went to O.P Bank on 25-06-2014 to deposit Rs. 10,000/- in his account but the Opposite Party refused to receive the said money. On question the O.P answered that neither the deposit in respect of the said account is possible nor any withdrawal as the previous clerk locked the same account and transferred from Phulbani. As a result of which the Complainant could not deposit any amount and also failed to withdraw the rest money for which the interest of the loan amount is going to be increased day by day and his unit is also not running smoothly due to want of money. He is facing difficulty both mentally and financially .The Opposite Party was not listening any thing in spite of repeated request for which he has committed deficiency in service and gross negligence without any fault from the side of the Complainant. So, he has filed this complaint for a direction to the opposite Party for smooth running of his account and claimed compensation of Rs. 50,000/- for his mental agony and financial loss.

                                    The Opposite Party was set exparty on 11-05-2015 as he failed to attend this Forum and also failed to file his version in spite of getting notice from this Forum on 29-04-2015 as reveals from the peon book.

                                                                                                       -2-

                                    We have heard the Complainant and perused the Complaint petition along with copies of the documents filed by the Complainant in support of his case. It is submitted by the Complainant that he has filed the deposit slip dated. 25-06-2014 for Rs. 10,000/- which was not accepted by the Opposite Party. It is seen from the record that the Complainant is coming under BPL category and availed loan through D.I.C, Phulbani by depositing the earnest money for the purpose. The Opposite Party is not interested to contest the case. In this circumstance there is no  reason to disbelieve the Complainant. The Complainant is at liberty to deposit and to withdraw the money from his account of the Bank. Due to mistake of a clerk the Consumer should not be suffered as such the denial of the Opposite party to accept the deposit and withdrawal of the Complainant amounts to deficiency in service on his part. The locking of the account of a Consumer by the previous clerk is not a bonafide ground to refuse the day to day transactions of the account holder. The Complainant humbly submitted that he has received Rupees one lakh towards said loan and rest amount of Rs. 1, 00000/- is pending in his account due to non cooperation of the Opposite party. In the mean time the Complainant has received a notice to deposit Rs. 32,335/- as on 18-03-2015 with a request to make payment immediately for regularization of his account. In this situation the Complaint filed by the Complainant is allowed exparte against the Opposite Party.

                                    Hence, the Opposite party is directed to take immediate step for smooth functioning of the S.B account of the Complainant Vide No.6100202273 and to allow him to deposit and withdraw money from the said account regularly. The Opposite Party is further directed to waive out the interest imposed against the Complainant since 25-06-2014 till the date of smooth operation of the account .The Opposite Party is also directed to pay compensation of Rs. 10,000/- to the Complainant for his mental agony and financial loss within 30 days from the receipt of this order otherwise the same will carry 10 % interest per annum from the date of this order till the date of payment.

                                    With the above direction the C.C is disposed of. Supply free copies of this order to both the parties.

                                                                   MEMBER                                              PRESIDENT.