LAWS(NCD)-2013-6-3

CUTTACK GRAMYA BANK AND ANR. Vs. BENGULI SASMAL

Decided On June 07, 2013
Cuttack Gramya Bank And Anr. Appellant
V/S
Benguli Sasmal Respondents

JUDGEMENT

(1.) REVISION Petition No. 588 of 2011 has been filed under Section 21(b) of the Consumer Protection Act 1986 (short, 'Act') against the impugned order dated 13.11.2009, passed by Orissa State Consumer Disputes Redressal Commission, Cuttack (short, "State Commission") in CD. First Appeal No. 750/2007. Brief facts of the case as per respondent/complainant are that the respondent/complainant for the safe custody of her surplus income opened a Savings Bank Account No. 3854 on 7.9.1999 in the Sankhatras Branch of Cuttack Gramya Bank, on depositing a sum of Rs. 500 for the first instance and went on operating the account till 15.11.1999 on which date the respondent deposited a sum of Rs. 25,000 and she was granted a valid and proper receipt by the petitioners/opposite parties in token of her such deposit.

(2.) AS on 15.11.1999, a sum of Rs. 26,617 was shown outstanding in the respondent's savings account and the same was also duly recorded by the petitioners in the Savings Bank Pass Book, granted to the respondent.

(3.) THEREAFTER , the respondent could not operate the Bank Account for years together for want of Pass Book. Despite repeated approaches of the respondent, the petitioners did not return back the Pass Book and the counterfoil receipt on the pleas that investigation is still going on. Only sometime during the year 2005, the petitioners finally returned back the counterfoil receipt and the Pass Book but surprisingly the petitioners did not allow the respondent to operate the account and to withdraw any amount from the account As the respondent was refused to withdraw any money from her Savings Bank Account, the respondent was forced to incur loans from local persons on payment of high interest to meet her bare necessaries and, therefore, suffered material loss, mental agony and harassments of irreparable nature.