West Bengal

Birbhum

CC/7/2018

Sribas Chandra Sen, S/o Lt. Brindaban Ch. Sen, - Complainant(s)

Versus

1. The Chief Manager, SBI, Suri Branch, - Opp.Party(s)

27 Apr 2022

ORDER

Smt. Sukla Sengupta .President.

            The fact of the case in brief is that the complainant has two savings account in SBI. One of the account existing in SBI Suri branch bearing account No. 11126166496 and the other in SBI, Suri Town Branch bearing account No. 30962842156. In order to keep the accounts active (operative) it was the current settled rule of the Banking Authority that Aadhaar linking on the account must be done within 31/03/2018. It is further stated by the complainant that in order to obey the rule of the Banking authority the complainant submitted KYC for updatation for each of the savings accounts, but the same was not linked up. It is alleged by the complainant that on the several occasions i.e. 28/11/2017 he submitted the xerox copy of signed Aadhaar Card and Pan Card and also sent by e-mail to SBI Suri Branch on 10/12/2017 at 9.25p.m but did not get any response from the end of SBI Suri Branch. The Authority of SBI Suri Town Branch informed the complainant about their inability that over e-mail/telephonic or any other media to confirm the status and advised the complainant to visit the Branch during Banking hours or any day for resolving the problem. Thereafter on 18/12/2017 the complainant sent an application to the chief Manager SBI Suri Branch through speed post as per RTI Act 2005 seeking Aadhaar linking status of both the accounts and the same was received by the addressee on 19/12/2017 but he did not get any response from the banking authority till the date of filing of this case. He alleged that the conduct of the banking authority means that minimum services are also not available from the bank. Under such facts and circumstances he filed the petition of complainant for getting information about the Aadhaar linking status of both the accounts and cost along with other relief, admission for harassment. It is further stated that the cause of action arose on 19/12/2017 hence, the complainant has filed this petition by the complainant with a prayer for getting information about the Aadhaar linking status of both the accounts as mentioned above along with cost and other relief admission for harassment.  

 

 The OP No. 1 and 2 have contested the case by filing W.V. It is the Ops case that complainant has no cause of action or locus-standi to file the case against the present Ops. It is alleged by the OP members that the petition of complaint is false frivolous, fabricated, concocted, motivated and misconceived one. It is further stated by the OP members in their W.V that in the eye of law the petition of complaint is not maintainable under the provisions of Section-12 of the Consumer Protection Act 1986 as prayed for. Thus the same is liable to be rejected. The petitioner complainant is also burred by limitation. It is further stated that the complainant is not a consumer within the meaning of Sec-2(1) (d) of the Consumer Protection Act 1986 and as such the petitioner is not entitled to get any relief as prayed for.  

It is the further case of the OP members that admittedly the complainant has two account one with SBI Suri Branch being Account No. 11126166496 and one with SBI Suri town branch being account No. 30962842156. It is the further case of the OP members that the complainant bound to prove  that he gave documents for making Aadhaar linking in respect of the said accounts to the bank and it is not the mandate to give receipt of the KYC details because whenever the bank receipt any documents for KYC then the same is initiated thoroughly.

  It is the further case of the OP members that the Aadhaar linking in the said accounts of the complainant have already been done and the aforesaid facts was duly corroborated to the complainant vide letter dated 09/02/2018 which is just after the filing of instant case and in this circumstances the question of deficiency in service is immaterial. It is further stated that the claim of the complainant against the OP members are baseless and unjustified. The demand of compensation made by the complainant is excessive, baseless and unjustified and cannot be allowed. So the prayer of the complainant having no basis at all and is liable to be dismissed.

            In view of the above stated pleadings following issues are framed:

1. Is the complainant is a consumer as per CP Act 1986?
2. Has the complainant any cause of action to file this case?
3. Is the complainant entitled to get the compensation as prayed for?
4. To what other relief or reliefs is the complainant entitled to get?

                Decision with reason.

                       

All the points are taken up together for convenience of discussion and to avoid unnecessary repetitions.

                        It is the case of the complainant that he has two accounts in SBI Suri Branch bearing account No. 11126166496 and SBI Suri Town Branch bearing account No. 30962842156. It was the rule of the bank to link up the Aadhaar number with the accounts within 31/03/2018. The complainant in order to obey the rule of the Bank submitted KYC signed xerox copy 28/11/2017 at Suri Branch Aadhaar Card and Pan Card etc. in the concerned Branch of the SBI as mentioned above but without any receipt. It is alleged by the complainant that on several occasions that he sent e-mail to Suri Branch on 10/12/2017

 

at 9.25 pm and sent e-mail to Suri Town Branch at 9.28 pm but the authority did not response to the e-mail of the complainant no message also send to him about the status of Aadhaar linking to the above mentioned accounts numbers from the evidence on record in appears that the complainant of several occasions send the e-mail to SBI Suri Branch and Suri Town Branch for getting information about the Aadhaar linking status of the above mentioned accounts numbers.

                        During the course of hearing of argument Ld. Advocate for the complainant has argued before this Commission that when it is the mandate of the present age to give maximum service to the customers of any bank in India without giving him or her more trouble to go to the concerned Branch of the Bank then the present complainant being a senior citizen can expect that he must get the message from the concern Branch of the SBI whether the above mentioned account numbers have been linked with Aadhaar or not even after submission of the required documents by him i.e. the xerox copy of Aaadhar Card and Pan Card . Which he submitted in person at the concerned Branch of the Bank. From the evidence in record it is also revealed that the complainant sent an application to the chief Manager, SBI Suri Branch as per RTI Act 2005 seeking Aadhaar linking status of both the accounts as mentioned above but he did not get any response from his end which compelled him to knock the door of this Commission for getting relief.

                        The OP though filed the written version but did not feel any urge to take part in the argument of this case. However, from the written version as filed by the OP No. 1 and 2 it is revealed that the allowed that the case is barred by law limitation and the complainant had no cause of action to file the same so the case is liable to be dismissed but on a close scrutiny of the materials on record it appears that the case has been filed by the complainant well within the period of limitation and the complainant had sufficient cause of action to the filed this case so, the plea of the OP No. 1 and 2 has no basis at all and this Commission is unable to accept the same. Moreover the OP No. 1 and 2 in there written version narrated the matter very casually by stating inter alia that it was year ending so they could not be able to inform the matter to the complainant that the Aadhaar linking in the said two accounts of the complainant have already been done and the said fact was duly corroborated to the complainant vide latter dated 09/02/2018. Admittedly which is after filing of this case.

                        However, on the basis of the discussions made above it is revealed that the facts, circumstances and evidence of this case the complainant could be able to prove his case beyond all reasonable doubt.

                        It is also proved that the complainant is a Consumer U/S-2(1) (d) of the Consumer Protection Act 1986 and being a customer of the SBI he performed his duty without any fault by submitting the photo copy of the required documents like Aadhaar Card and Pan Card for linking Aadhaar number with the account number stand it is name bearing account No. 11126166496 and the other in SBI, Suri Town Branch bearing account No. 30962842156 but the concerned Branches of SBI

 

did not response to the appeal of the complainant to serve the information to him in respect of Aadhaar linking with the aforementioned account numbers. Which amounts to deficiency of service on the part of the concerned Branches of the SBI.

                        From the materials on the record it is also prove that there was sufficient cause of action on the part of the complainant to file this case against the OP members.

                        From the evidence on record it is reveled that the complainant submitted the signed xerox copy Aadhaar Card and Pan Card  on 28/11/2017 to the above mentioned Branches i.e. Suri Branch and Suri Town Branch for Aadhaar linking of this two accounts numbers laying in those Branches of SBI without having any receipt and thereafter on 19/12/2017 and  on 10/12/2017 he sent e-mail to both the Branches for getting information or status of his Aadhaar linking but in vain. Ultimately on 18/12/2017 he made RTI by sending a complaint to the Branch Manager of Suri Branch. But he did not get any response from the end of the Branch Manager of the concerned Branch. On the basis of the facts and circumstances it is proved that the complainant has been harassed by the concerned Branches of the SBI in order to get customer service which must be condemned and on the basis of which this Commission is in view that the complainant is entitled to get the compensation for harassment, mental pain and agony. Though the OP members in their written version stated that they linked up the Aadhaar with both the accounts number of the complainant and informed the same to him vide latter dated 09/02/2018 but they did it after filing of this case by the complainant from which it can safely be held by this Commission that the in action of the authority of the concerned Branches of SBI compelled the complainant to involve in to the litigation which is also painful for a senior citizen like the complainant and for which the both OP members are liable to be compensated.

            In view of the discussions made above it is proved that the complainant has successfully and is entitled to get the relief as prayed for. It is properly stamped.

Hence, it is,

                                    O R D E R E D,

                                                            that the instant C.C. Case No. 07/2018 be and same is allowed on contest with cost.

The complainant do get the decree in part.

The OP No. 1 and 2 jointly or severally are directed to give compensation to the complainant to the tune of Rs. 10,000/- each for harassment, mental pain and agony.

The OP members are also directed to pay cost jointly or severally to the tune of Rs. 2000/- to the complainant towards litigation cost. They are also directed to inform the complainant about the presence status of Aadhaar linking with both the accounts of the complainant bearing account No. 11126166496 and the other in SBI, Suri Town Branch bearing account No. 30962842156

 

 

within 30 days from this date of order in default the complainant is at liberty to execute the decree as per law.

The entire decree shall be complied by the OP members within 30 (Thirty) days from this date of order in default the complainant is entitled to get interest @ 6% per annum of the compensation amount from the date of filing of this case till realization.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.