DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _36_ OF ___2017
DATE OF FILING : 20.03.2017 DATE OF PASSING JUDGEMENT: 24.4.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Mrs. Munmun Jasu (Maity), w/o Shyamal Kumar Jasu of Village Mamudpur, P.O Charashyamdas, P.S Bishnupur, Dist. South 24-Parganas, Pin – 743503.
O.P/O.Ps : 1. Branch Manager, State Bank of India, Bakhrahat Branch, Nibaran Dutta Road, Village- Khastika, P.O Bakhrahat, P.S Bishnupur, Dist. South 24-Parganas, Pin-743377.
2. Regional Manager, (Region-5), State Bank of India, ADMIN Office Kolkata, Jeevan Sudha Building, Ground Floor, Kolkata-71.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
The complainant’s case in an abbreviated form, is that she is a primary school teacher and as a part of Government Policy she opened a “Zero Balance” Account being no.30683298721 on 20.3.2009 with O.P-1 for credit of her salary with cheque and ATM facility. Few months back she issued a cheque in favour of her husband Shyamal Kumar Jasu being Cheque no.408704 dated 9.1.2017 for withdrawal of a sum of Rs.10,000/- from her account for defraying the cost of family maintenance. Cheque was returned by O.P-1 with a remark “Tiny” stating that the account has been converted into “”Janadhan”Account and , therefore, withdrawal of any amount by cheque from that account is not permitted. Even the said account of the complainant has been stopped by O.P-1 and as a result of which House Building Loan installments and LIC premiums have not been paid by the complainant. Even her salary of March 2017 has not been credited to her account due to arbitrary stoppage of the said account by the O.P-1. Alleging deficiency in service on the part of the O.P-1 the complainant has filed the instant complaint under section 12 of the C.P Act, 1986 ,praying for issuing a direction to the O.Ps to reopen the savings bank account in her name, credit her salary to the said account as before and also for payment of compensation etc. Hence, this case.
The O.ps have been contesting the case by filing written statement ,wherein it is contended inter alia that the petitioner/complainant has not provided her KYC (Know Your Customer ) details and as such her account has been converted to “Tiny OD” account and therefore , the cheque was not encashed from that account as per Rules of the Government. It is further stated by the said Bank that the petitioner/complainant has been asked to close this account and open a new account by providing KYC details. According to them, there is no deficiency in service on their part and , therefore, the complaint should be dismissed in limini.
Upon the averments of the parties following points are formulated for consideration.
POINT FOR DETERMINATION
- Is there any deficiency in service on the part of the O.Ps by closing the account of the complainant?
- Is the complainant entitled to get the relief or reliefs as prayed for?
The petition of complaint has been treated as evidence of the complainant. On the other hand, O.P-1 has led evidence on affidavit which is kept in the record. They have also filed questionnaire, replies and BNA which are kept in the record for consideration.
DECISION WITH REASONS
Point no.1 and 2:-
Both the points are taken up together for consideration for the sake of convenience.
It is the version of the O.P Bank that the account of the petitioner/complainant has been closed as she has not supplied KYC details. According to the O.Ps, as KYC details were not supplied , they acted in pursuance of the guidelines of RBI and were compelled to close the account of the petitioner/complainant. A photocopy of Circular of SBI dated 2.2.2017 , Reference no.NBG/KYC/VKP/1843 has been filed herein on behalf of the O.Ps. From this Circular it is found that the Banks are required to ensure completion of the KYC updation in a mission mode, so that the task is completed by 31.3.2017.
Coming to the facts of the instant case it is found that the cheque bearing no.408704 dated 9.1.2017 was presented before the O.P Bank by the complainant on 9.1.2017 for withdrawal of a sum of Rs.10,000/- for her family maintenance. The time limit for submission of KYC details is fixed by the Circular on 31.3.2017. O.P Bank could have given a chance to the complainant for submission of KYC details. They could have asked the complainant to supply KYC details as required in the Circular and the time limit for such supply of KYC details was up to 31.3.2017. But before the expiry of 31.3.2017 , the Banks have taken action against the petitioner/complainant ; they have converted the account of the complainant; they have not allowed withdrawal of money from her account and they have even closed her account. It is not known why the Bank has been so instrumental to close the account of the complainant before the expiry of 31.3.2017.. All these actions on the part of the O.P Bank appeared to be arbitrary and not in consonance with the guidelines of the Circular placed before us herein. As the O.P Bank have acted contrary to the guidelines of the Circular, we cannot but hold that there is deficiency in service caused on the part of the O.P Bank and, therefore, the petitioner/complainant has suffered a lot of harassment and mental agony for arbitrary action taken by the O.P Bank.
Point nos. 1 and 2 are thus answered in favour of the complainant.
In the result, the case succeeds.
Hence ,
ORDERED
That the complaint case be and the same is decreed on contest against the O.Ps with a cost of Rs.5000/-.
The O.Ps Bank i.e O.P nos. 1 and 2 are directed to re-open the account of the petitioner/complainant and to provide cheque and ATM facilities to her as before .
At the same time, complainant is directed to provide KYC details in prescribed form, which has been filed by the O.P bank herein , to the O.P Bank within a week of passing this order.
The complainant has suffered tremendous harassment and mental agony due to unscrupulous and arbitrary act of the O.P Bank and, therefore, the O.Ps Bank will have to pay a compensation of Rs.10,000/- to the complainant and if such compensation is not paid within a month of this order, the compensation amount and the cost amount will bear interest @10% p.a until full realization thereof.
If the KYC details are supplied by the complainant within a week of this order, the O.P Bank is directed to accept the same and to re-open the account within a fortnight thereof in compliance of this order.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
