SWAPAN BISWAS Vs. M K BANK OF INDIA

JUDGEMENT

(1.) This appeal is directed against order dated 17.7.1998 passed in C. D. F. Case No.33/93 by the District Forum at Nadia. By the impugned order the claim of the complainant was dismissed on the ground that the complainant had failed to establish that he had deposited Rs.39,000/- with the Bank on 9.11.1992.

(2.) The fact involved in this case is that the complainant deposited Rs.39,000/- is cash with the Bank by a Pay-in-Deposit Slip on 9.11.1992 in his Savings Bank A/c No.1877 and Kuber A/c No.6 and submitted his Passbook before the Bank for making necessary note therein. He also directed the Bank to transfer the said amount to his Kuber A/c but the employees of the Bank did not make necessary entry showing deposit of the said amount in his Bank till 28.9.1993 with the result that the two cheques amounting to Rs.5,000/- each issued by him were bounced with the note "refer to the drawer" for which the petitioner claimed that he suffered heavy loss and humiliation. Accordingly, he approached the Forum claiming compensation and refund of the amount of Rs.39,000/-, deposited by him on 9.11.1992.

(3.) The case was contested by the Bank by filing a written version wherein it has been stated that the petitioner did not make deposit of Rs.3,000/- as claimed in his petition on 9.11.1992. According to the Bank an employee named Shyamal Kr. Ghosh has committed suicide following investigation into some allegations of mis-appropriation, cheating, forgery, etc. According to the Bank, the complainant used to do banking transactions through the said Shyamal Kr. Ghosh without personally attending the account.