R..P.A.

Date:-

10/2016
NOTICE

To,
The Silvassa Branch Manager,
State Bank of India,
Kilwani Naka, Near yogi hospital,
Silvassa,
Dadra and Nagar Haveli-396230
On behalf of and under Instructions from my client Mr. Rakesh
Ranjan Yadav, S/o Bhagirath Yadav, Residing at 2935,Maganbhai ki Chal,
Bavisa Faliya, Silvassa-396230, Union Territory of Dadra and Nagar Haveli.
I the undersigned Advocate Mr. H.K.Bhandari have to address you by the
legal Notice as under:
1.

That my client is residing at the above mentioned address and is

an employee working as POY 2 operator in JBF, sayli, Dadra and

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Nagar Haveli and your the branch manager for the above
mentioned bank address.
2.

That my client is a customer in your State bank of India, Silvassa

branch bearing saving a/c no. 33702613653, CIF no. 87267960914,
IFSC-SBIN0006586,

branch

code-6586

and

date

of

issue

on

07/03/2014.
3.

That on 4/05/2016 my client went to his native place for renovating

and repairing his broken house at village-Tehro, Post-Basodih, DistKodarma, State- Jharkhand for his convenience to stay back there
whenever later in future if my client again visit his native place with
his family.

4.

That on 14/05/2016 at 11 a.m my client went to S.B.I ATM machine,

Akbarpur for withdrawal of cash from his S.B.I Debit card, Silvassa
and while proceeding my client was not able to withdrawing the cash
from the said S.B.I ATM machine, Akbarpur and the transaction was
unsuccessful.

5.

My client got confused and contacted the security guard of that

particular ATM machine for help to that he replied that if the cash is

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not dispensed your amount will duly be credited back in your

account within few hours.

6.

Accordingly my client waited till the next day, then on 15/05/2016 i.e
on the next day my client went to PNB ATM machine at Navadah
Branch for withdrawal of cash from his S.B.I Debit card, Silvassa and
entered Rs. 10,000/- for which my client received an unsuccessful
transaction due to insufficient balance. So my client again inserted his
S.B.I Debit card and check for his mini statement which showed
remaining balance Rs. 9698/- only seeing to which my client was
shocked as my client had Rs. 49,968.94/- balance in his S.B.I saving
account, Silvassa.

7.

My client was tensed after receiving the mini statement and with the
fear of some more deduction which may occur from his bank account
my client had withdraw the remaining balance of Rs. 9,000/- and Rs.
500/- respectively from the S.B.I Debit card, Silvassa which was
successful.

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8.

Accordingly my client approached to the Chief Branch Manger,

Navadah Branch and wrote complain application regarding account
debited but cash not dispensed from S.B.I ATM machine, Akbarpur
to which the Branch Manager did not accept the complain application
saying call customer care support for deduction query and file
complain application at S.B.I Bank, Silvassa Branch as my client is
holding S.B.I saving account at Silvassa Branch, Dadra and Nagar
Haveli.

9.

Accordingly my client had contacted the customer care support of

S.B.I bank and asked for deduction query of Rs.40,000/- to which the
customer care support person said that the withdrawal transaction of
Rs. 40,000/- only was successfully as per records maintained by the
S.B.I bank. And still if there is any more query then show the
complain no. AT429224334195 to the branch manager SBI Bank,
Silvassa branch for further solution.

10.

Accordingly my client had contacted you and presented the complain

application alongwith the complain no. AT429224334195 against
which the you replied my client not worry and if there is any wrong

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deduction then the amount will be refunded within a month and will
request for the CCTV footage from the SBI Bank, Nevadah Branch
and will look into the matter.

11.

Accordingly my client had waited patiently for your follow up and

contacted you for the matter within month. And after a month you
said that we have not received any CCTV footage from the SBI Bank,
Nevadah branch and they ate your money and so file complain in the
Police station as they can help my client with this matter and further
you cannot help.

12.

Accordingly my client had contacted the police head and filed Police
complain in Silvassa police Station, Dadra and Nagar Haveli on dated
28/6/2016 but they said file complain at SBI Bank, Nevadah Branch
as they cannot file complain.

13.

Accordingly after such incident my client had again contacted you on

dated 29/9/2016 regarding the said matter to which you started
replying rudely and later ignoring the problem of my client.

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14.

Finally my client had to face the trouble of bank and so my client had
not received any cash and the cash amount of Rs. 40,000/- was not
dispensed from S.B.I ATM machine, Akbarpur for the transaction
which is being showing successful withdrawal as account debited
and cash dispensed from my clients SBI saving bank account,
Silvassa Branch.

15.

That my client had patiently waited and followed all the procedure
you asked to comply with but there was no recovery of any of the
said amount.

16.

That many times my client contacted you and requested to investigate

the matter and refund the amount of Rs. 40,000/- which was falsely
being deducted from my S.B.I saving account, Silvassa branch but
there is no proper response from your side towards the refund of
amount in my State bank of India, Silvassa branch bearing saving a/c
no. 33702613653.

17.

Now it is crystal clear that you had no intention whatsoever to help

and make the said refund amount to my client and so you did not
perform your side and hence cheated my client by taking undue
advantage of my client and this act of yours clearly shows that your

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intention from beginning only was to cheat and do fraud with my

client, by..

Hence you have wrongfully gained and

put my client into wrongful loss.

18.

I therefore call upon you to contact my client and to make the

payment of Rs. 252260/-(Rupees Two Lakh Fifty Two Thousand Two
Hundred and Sixty Only) towards the pending loan i.e. for the month
of September 2015 to August 2016 i.e. Rs. 172260/-(Rupees One Lakh
Seventy Two Thousand Two Hundred and Sixty Only)

alongwith

the interest and penalty as applicable by the HDFC bank,

30,000/-

(Rupees Thirty Thousand Only) towards the

138 N.I.

Act pending before the Honble Chief

Rs.

proceeding

of

Judicial Magistrate of

Vadodra, Gujarat, Rs. 30,000/- (Rupees Thirty Thousand Only)

towards the payment made by my client to the bank in the
month of February 2016, March 2016 and May 2016 alongwith Rs.
50,000/- towards the harassment caused to my client and settle the
dispute which has arisen by handing over the possession of the
vehicle which was as handed over to you on 06/09/2015 within 15
days from receipt of this notice, failing which my client shall be
constrained to take suitable legal actions against you, for which you

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shall be solely responsible for the cost and consequences thereof,

which may please be noted.
The above said notice is issued due to your fault, therefore, you
are hereby further instructed to pay sum of Rs. 5,000/- to my client
being the notice charges.

(H.K.BHANDARI)
Advocate & Notary

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