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Judgment
THIS is a petition filed by Srimati Hemanti Chutia against United Commercial Bank and its Branch at North Lakhimpur. The Divisional Manager and the Assistant General Manager have also been impleaded as party.
THE Bank in question is a nationalised bank having a Branch at North Lakhimpur. On 13.3.84 the complainant opened a Saving Bank Account bearing No. 2064 at North Lakhimpur Branch. On 16.10.89 she went to the bank for verification of her account and she found that on 19th, 21st Nov. ''88 and 19th December 1988, Rs. 4000/-, Rs. 5000/- and Rs. 7000/- respectively were shown to have been withdrawn from her account and accordingly to the complainant it was done fraudulently. THE total amount comes to Rs. 16,000/-. On the same date, she lodged a complaint to the Branch Manager, opposite party No. 2 vide Annexure-A. As no reply was received, again on 5.3.90 she sent a reminder vide Annexure-B. THEreafter, according to complainant several requests were made and finally on 20.3.93 she sent another letter vide Annexure-C to the petition. In reply to this letter, the Bank by letter dated 17.4.93 informed the complainant that she would be apprised by the concerned branch and Controlling Officer regarding the matter. The said letter is available at Annexure-D to the present petition. On 29.5.93 the Divisional Manager of the Bahk, respondent No. 3 informed the complainant by letter that the matter had been taken up with the Head Office and Vigilance Department for realisation of the amount with interest. Inspite of these assurance the claim was not satisfied. Hench, the present petition has been filed. The complainant has claimed Rs. 50,000/- for mental agony, another Rs. 50,000/- for financial hardship etc. and also interest in addition to above sum of Rs. 16,000/-. Thus total amount comes to Rs. 1,16,000/-.
It may be stated that subsequently, an affidavit has been filed by the complainant, as the initial petition was only supported by a verification and in the affidavit the causes of delay in filing the present petition has been explained and in addition other factual matters.
ON 7.9.93 notice was sent by registered post with A.D. Though on behalf of the respondents Mr. B.R. Roy, and two other Counsel have appeared, no counter affidavit has been filed. By order dated 18.12.93, it was directed that the matter may be listed for hearing and in the meantime respondents may file objection, failing which the matter will be disposed of. The matter came up for hearing on 5.2.94 and none appeared for the opposite parties. After hearing Mr. Borbora, learned Counsel for the complainant order was reserved with a direction that the learned Counsel for the opposite parties may inform this Commission in the event opposite parties wanted to make any submission/written argument in the matter. Till date nothing has been done on behalf of the opposite parties. Thereafter we propose to dispose of the matter finally by this judgment. Annexufe-A to the present petition is a letter dated 16.10.89 by the complainant to the Branch Manager of North Lakhimpur Branch informing about fraudulent withdrawal of the amount. On 5.3.90 another letter was sent to the Branch Manager requesting him to inform about the position. The said letter is available at Annexure-B. Annexure-C is another letter from the complainant to the Executive Director of the Bank and the said letter is dated 20.3.93.
ANNEXURES-D and E are two important letters from the Bank. Annexure-D is a letter dated 17.4.93 by the Chief Officer to he complainant acknowledging the receipt of the letter dated 20.3.93. By this letter the complainant was informed that the matter was being taken up with the concerned Branch and the Controlling Officer was to look into the matter and take suitable steps. The complainant was also informed that she would be apprised by the above officers. Annexure-E is the letter from the Divisional Manager to the complainant dated 29.5.93. The second paragraph of the letter is relevant and is quoted below :- "In this connection, we wish to inform you that we have already taken up the matter with our Head Office, Vigilance Department requesting them to allow us to restore the amount fraudulently withdrawn from your account, as alleged by you, with up-to-date interest. So, we shall request you to bear with us till we receive necessary instruction from our Head Office on the subject."
From this letter at Annexure-E, it is absolutely clear more particularly in view of he above paragraph that the Bank admitted fraudulent withdrawal of the amount from the account of the complainant and also aknowledged that the amount would be paid to her with interest. That being the position, the time would run from that date for the purpose of limitation and as this petition was filed on 2.9.93, it is within time. In view of the above admission, the opposite parties-Bank is entitled to compensate the complainant-petitioner for the amount withdrawn fraudulently and as there was negligence on the part of he Bank vis-a-vis the complainant who was a consumer under the provisions of the Act. Therefore, the complainant is entitled* to get back Rs. 16,000/- from the opposite parties.
REGARDING the claim of Rs. 50,000/- each under the heading mental agony and financial hardship, we are of the opinion that being remote damages complainant is not entiled to get the amount. REGARDING interest, we are of the opinion that the complainant will get interest on the above amount of Rs. 16,000/- from the month of December, 1988 at the rate which was payable in the Saving Bank Account. This shall be calculated by the Bank. The amount of Rs. 16,000/- and interest shall be paid within a period of two months, failing which the amount of Rs. 16,000/- will bear interest @ 10% and the interest shall be calculated after two months from the date of delivery of judgment till it is paid. Considering the facts and circumstances of the case, we do not want to make any order as to costs. Complaint allowed without costs.