Punjab

Faridkot

CC/20/18

Jaswinder Kaur - Complainant(s)

Versus

Alahabad Bank - Opp.Party(s)

Jagjot Singh Attri

21 Feb 2022

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :                 18 of 2020

Date of Institution :    21.01.2020

Date of Decision :       21.02.2022

Jaswinder Kaur, aged about 44 years wife of S. Beant Singh son of S. Tara Singh,  r/o Village Kameana, Tehsil  and District Faridkot.

.....Complainant

Versus

 

1. Allahabad Bank, Branch at Circular Road, Master Krishna complex, Near Mori Gate, Faridkot, through its Branch Manager.
2. Allahabad Bank, Division Office at NH-21, Village : Delser Majra, Karar, District Mohali, through its Divisional Manager.

......OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, Section 35 of the Consumer Protection Act, 2019)

 

Quorum:     Smt Param Pal Kaur, Member.

                     Sh Vishav Kant Garg, Member.

Present:       Sh Jagjot Singh, Ld Counsel for Complainant,

 Sh Ankit Manchanda, Ld Counsel for OPs.

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(ORDER) 

( Param Pal Kaur, Member)

                                       

                               Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to refund Rs.75,000/-deposited by complainant with OPs vide draft dt 04.09.2018 and to convert the freezed account of complainant into running condition and for further directing them to pay Rs.50,000/-as compensation for harassment and mental agony suffered by her besides Rs.22,000/-as litigation expenses.

2                                   Briefly stated, the case of the complainant is that OPs published and called applications for auction of a house at Ferozepur Road, Faridkot. Date 04.09.2018 was fixed for auction. Complainant was interested to purchase the house and therefore, she approached OP-1 and on asking of OP-1, she got opened a saving account and on their advise, also purchased draft dated 04.09.2018 for participating in auction and deposited the same with OPs. Ld counsel for complainant submitted before this Commission that earlier also, OPs had called applications for auction of said house for 13.07.2018 and  complainant purchased and deposited with OPs one draft dated 13.07.2018 worth Rs.75,000/- and also paid Rs.310/-as extra fees, but later on said auction was  cancelled without any reason and without any intimation and when

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complainant came to know about cancellation of auction,  she got refunded the said draft. It is further submitted that at that time, OPs suggested her to properly maintain the account for purchase of house in auction and on their advice, complainant deposited Rs.6,14,377/-in her said account. Thereafter, OPs freezed the account of complainant containing Rs.6,14,377/- without any notice. Moreover, house in question has been sealed by OPs and even they did not conduct the auction. They have neither conducted any auction nor returned her amount and have freezed the account of complainant. Now, complainant does not want to purchase the said house as huge amount in respect of electricity, water connection bills and pertaining to property tax is due towards said house and its condition and market value has also been lowered and it is not fit for human habitation. Complainant approached OPs several times and made repeated requests to refund the draft price of Rs.75,000/- and to put his saving account into running conditions, but all in vain. All these acts of OPs amount to deficiency in service and unfair trade practice and it has caused huge harassment and mental agony to her. Complainant has prayed for compensation and litigation expenses besides the main relief. Hence, the complaint.

3                                         Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 27.01.2020, complaint was admitted and notice was ordered to be issued to the opposite party.

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4                                On receipt of the notice, OPs appeared in this Commission through counsel but despite availing several opportunities, OPs did not file any written version and therefore, vide order dated 30.11.2021, defence of OPs was struck off.

5                                  Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-5 and then, closed his evidence.

6                            There is no rebuttal from OPs side as despite availing sufficient opportunities, OPs did not file written version and therefore, their defence was struck off.

7                                    We have heard learned counsel for complainant and have very carefully perused the affidavit & documents placed on the record by complainant.

8                                          We have carefully gone through the case  and from the perusal of evidence produced by complainant, it is observed that vide publication, OPs called applications for auction of a house at Ferozepur Road, Faridkot. Date of auction was 04.09.2018. Being interested to purchase the house, she got opened a saving account and on advise of OPs, purchased draft

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dated 04.09.2018 for participating in auction and also deposited the same with OPs. It is brought before the Commission that earlier also, OPs had called applications for auction of said house for 13.07.2018 and earlier also she purchased and deposited with OPs one draft dated 13.07.2018 worth Rs.75,000/- and also paid Rs.310/-as extra fees, but said auction was  cancelled at that time, OPs suggested her to properly maintain the account for purchase of house in auction and on their advice, she kept depositing amount in her said account and now, amount of Rs.6,14,377/-is lying in that account, but, OPs freezed the account of complainant without any intimation and even did not conduct the auction. Now, complainant is not interest to purchase the said house as huge payments to different departments for electricity, water supply etc are outstanding towards said house. Grievance of the complainant is that despite several requests to refund the draft price of Rs.75,000/- and to put his saving account into running conditions, Ops did not do anything needful and did not bother to redress her grievance, which amounts to deficiency in service and unfair trade practice and it has caused huge harassment and mental agony to her.

9                                      Main contention of the complainant is that OPs have freezed the saving account of complainant without any rhyme or reason and even no intimation regarding this was given to her. Huge amount of more than Rs.6 lacs is lying in said account and by act of freezing the said account by OPs,

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she has been deprived of her amount. Act of cancelling the auction by OPs is also very wrong and tantamounts to trade mal practice. From the perusal of document Ex C-4 i.e copy of account statement dated 14.11.2019 produced by complainant for the period from 11.07.2018 to 14.11.2019 there does not remain an iota of doubt that complainant deposited amount of Rs.3,00,000/-; Rs1,40,000/-; Rs.1,00,000/-; Rs.65,000/-; Rs.3,795/- and Rs.5,373/- on dates 18.03.2019; 26.03.2019; 26.03.2019; 17.05.2019; 31.05.2019 and 31.08.2019 respectively and now, total amount of Rs.6,14,377/-is available in her account which has been wrongly and illegally freezed by OPs without any intimation to her. Ex OP-5 shows that complainant deposited Rs.75,000/-with OPs on 11.07.2018 and it proves the pleading of complainant that she paid this amount for the purpose of converting Rs.75,000/-in the form of draft. Ex C-2 further proves the grievance of complainant that despite repeated verbal requests and even through registered letter sent by complainant to OPs, they did not bother to keep her account into running position and even did not release the amount of draft to her. Through her affidavit Ex C-1, she has reiterated her grievance.

10                                           On the contrary, OPs did not file their version and there is not a single word on record on the part of OPs for cancellation of auction, for retaining the draft of complainant when no auction was conducted and for freezing the account of complainant. OPs did not bother to contest the

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allegations levelled by complainant.  It is observed that due to act of freezing the account, complainant has been deprived of her amount and it has caused her financial loss. Complainant is entitled to utilize her bank account and also entitled to get refund of draft dated 04.09.2018 for Rs.75,000/-. From the submission of complainant, it is noticed that being poor person, she has got deposited the amount in her account by borrowing it from some one and she has been paying heavy interest on this amount and therefore, she is entitled for interest on draft amount of Rs.75,000/-. On the other hand, there is no rebuttal or nothing on record on the part of OPs as to for what purpose the saving account is freezed by them.

11                              In view of the above discussion, complaint in hand is hereby allowed. OP-1 and OP-2 are hereby directed to refund the draft amount of Rs.75,000/-to complainant with interest at the rate of 4% per anum from the date of deposit of draft with OPs till final realization. Ops are further directed to defreeze the bank account no.50452043561 of complainant within a period of two weeks from the date of receipt of this order and they should allow the complainant to continue to operate her account forthwith. OPs are further directed to pay Rs.5000/-to complainant as compensation for harassment and mental agony suffered by her alongwith Rs.3000/-for litigation expenses.

 

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Compliance of this order be made within 30 days from the date of receipt of copy of this order, failing which complainant shall be entitled to proceed under section 71 and 72 of the Consumer Protection Act, 2019. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Commission

Dated : 21.02.2022

(Vishav Kant Garg)        (Param Pal Kaur)                        

 Member                         Member

 

 

 

CC No. 18 of 2020

Jaswinder Kaur        Vs    Allahabad Bank

Present:       Sh Jagjot Singh, Ld Counsel for Complainant,

 Sh Ankit Manchanda, Ld Counsel for OPs.

                     Arguments heard. Vide our separate detailed order of even date, complaint in hand is hereby allowed. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Commission

Dated : 21.02.20221

(Vishav Kant Garg)       (Param Pal Kaur)                        

Member                          Member