Order No:16
Today is fixed for delivery of judgment/final order.
Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
Final Order/Judgement
This is a complaint filed by Sm. Mithu Banerjee D/O- Late Tapan Banerjee of Village- Sashan , Goalbari, Baruipur, Kol- 700 144 against the Branch Manager, PNB , situated at Baruipur , Kulpi Road and the Zonal Manager, PNB of BBD Bag , Kol-01 with a prayer for a direction to refund RS. 4021.26/- to the complainant to the said account, a direction upon the OPs to pay a sum of RS. 1,50,000/- for harassment and suffering from mental agony and a direction upon the OPs to pay a sum of RS. 5,000/- as a cost of litigation.
OP no -1 is the Branch Manager, PNB, situated at Baruipur, Kulpi Road, Baruipur Savita Shopping Complex, P.O & P.S- Baruipur, Dist- S 24 Pgs, Kol-144.
OP No. 2 is the Zonal Manager, PNB, BBD Bag, Kol- 1
Complainant in this case contended that she has a zero balance account namely Pradhan Mantri Janadhan Garib Kalyan Yojona, and the account No is 692900/700002730 in PNB. There is no other active Bank Account in her name. On 02.04.2020 the said Bank Account was credited by Rs.500/- from Pradhan Mantri Garib Kalyan Yojana. Again on 11.04.2020, the account was credited by Rs. 500/- from a well wisher namely Nitish Dutta and Rs 2000/- only was credited to the bank account of the complainant from West Bengal Beti Bachao Beti Padhao Scheme. Complainant got help for her poor financial condition during pandemic situation of COVID-19. Thereafter , the account has been credited two times of Rs. 500/- each from Pradhan Mantri Garib Kalyan Yojana.
On 14.04.2020, complainant went to the said Bank for getting an update of her account . That very moment, the branch manager deducted a sum of Rs. 3021.26/- only from the said account of the complainant without giving any prior intimation to the account holder. The activity of the OP is bad in the eye of law. It is notable that there is a loan under the scheme Pradhan Mantri Mudra Loan, small scheme. The complainant found that her balance showed Rs. 0.00/- upon enquiry the OP revealed the EMI of loan was unpaid , so the deduction has been made.
Complainant informed the bank that during pandemic situation. Govt. directed not to deduct any EMI for three months. Her Loan Account and the savings Bank Account are not interrelated. The complainant requested OP No-1 to refund the deducted amount . Complainant stated that she has no Bank Account , so she would not be able to take financial help from other persons.
In the above facts and circumstances, complainant prays for refunding Rs. 4021.26/- to her S/B Account, prays for paying compensation of Rs.1,50,000/- only for her harassment and suffering from mental agony and paying RS. 5000/- only as a cost of litigation.
OPs in the written version states that complainant files a complaint which is vexatious, speculative, frivolous and harassive in nature . The complainant suppressed material facts before the Commission. The complainant is a defaulter . The complainant has not come to the commission in clean hand . Complainant is a borrower of OP Bank. She took Mudra Loan and she has also a Savings Bank Account in the same Bank. Due to defaults committed by the complainant the account was classified as Non Performing Asset( NPA).
On 15.04.2020 a sum of Rs.3021.26/- being available in the Savings Bank Account of the complainant. The amount was mutually debited therefrom and credited to the Loan Account by the system. The amount which was credited to the bank account of complainant on 20.04.2020 was reversed and credited back to the savings bank account of the complainant within a period of three days for enabling the complainant to use the amount lying in her savings account. Even today, there is outstanding of Rs. 28,795.23/- NPA Account, 692900KU00000099 after adjusting NCGTC claim 2015-16 of Rs,15675.75 only and payable to the loan account, which the bank is entitled to recover from complainant.
That the complainant has no reason to approach the commission alleging harassment agony and suffering . On April 2020 the money stood credited back to account of complainant but it was suppressed by complainant . As such there is no illegality committed by the Bank.
Notice was sent to the OPs . OPs appeared on 18.12.2020 and filed WV, on 19.01.2021. Complainant files evidence on affidavit . OPs did not file evidence on affidavit and was found absent on successive dates. On 8th June 2020, complainant files BNA . Argument was heard and we proceeded for giving Judgment.
Points of consideration
1. Is the complainant a consumer ?
2. Are the OPs guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to relieves as prayed for ?
01. Complainant is residing in the jurisdiction of Ld. Commission. Complainant has no particular source of income. Complainant has a zero balance account under Pradhan Mantri Janadhan Garib Kalyan Yojana account scheme being savings account no 6929001700002730 in PNB, Baruipur Branch. On 02.04.2020, the said bank account was credited by RS.500/- from Pradhan Mantri Garib Kalyan Yojanaa, on 11.04.2020 the account was credited by Rs. 500/- from a well wisher namely Nitish Dutta and it was credited on 12.04.2020 and from Nupur Ghosh, a conevenor of the State Of West Bengal Beti Bachao Beti Padhao Scheme by Rs.2000/- , as they helped for poor financial condition of the complainant due to pandemic situation. Moreover the said account was credited for two times with Rs.500/- each from Pradhan Mantri Garib Kalyan Yojana. From the above mentioned statements , it appears that complainant had Rs.3021.26/- in the savings bank account and she is a Consumer Under Section 2(7) of the consumer protection act 2019. It is an admitted fact by the OPs hence the first point is settled in favour the complainant.
02. It appears from the above mentioned facts and from the submission of the OPs that the complainant is a person living below the poverty line. She has no proper source of income. She gets money from Pradhan Mantri Janadhan Garib Kalyan Yojana, and she received help from Nitish Dutta and from Nupur Ghosh . She also received money from Beti Banchao Beti Padhao Yojana. Being a person of limited ability the complainant spends time in anxiety. During pandemic period she was in dire need of money. She received money from several welfare funds. She had a loan account in PNB. As soon as she received an amount of R. 3021.26/- only the OP bank adjusted the money in her loan account on 14.04.2020. Complainant had no proper source of income. She became helpless. She had nothing to spend. Due to unfair trade practice adopted by the OPs , complainant fall in difficult situation. On 20.04.2020 the amount of Rs. 3021.26/- was credited again to the bank account of the complainant. Complainant spent a time in mental agony from 14.04.2020 to 20.04.2020. The Op never informed complainant that the amount was re adjusted to the complainant’s account through a message. It is a clear example of deficiency in service on the part of the OP. Hence the second point is settled against the OPs .
03. Complainant being an under privileged person spent her life in poverty, it was beyond her expectation that she could not spend amount of Rs. 3021.23/- for meeting her day to day expenses. The amount was credited by several organizations for maintaining her livelihood. That meager amount was taken by the OP bank for adjusting the same to her Loan account. Money was transferred from complainants account for short period of time. Complainant fell in great trouble during that period. She spent time in mental agony. Hence complainant is entitled to relief as prayed for.
In the result complainant case succeeds.
Hence it is,
Ordered
That the complaint case be and the same is allowed against the OPs with cost of Rs. 2000/-.
That the OPs jointly or severally are directed to pay compensation to the tune of Rs.3000/- only for causing mental agony and harassment of complainant, within 60 days from the date of this order.
Let a copy of this order be supplied free of cost to the parties concern.
The final order will be available in the following website www. confonet.nic.in
Dictated and corrected by me,
Smt. Sangita Paul
Member
