Haryana

Ambala

CC/251/2019

Chander Shekhar Punia - Complainant(s)

Versus

Bank of India - Opp.Party(s)

Jahar Singh

10 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case No.:   251 of 2019.

                                                          Date of Institution  :     14.08.2019.

                                                          Date of decision     :     10.03.2021.

 

Chander Shekhar Punia son of Shri Suresh Nath, age 34 years, r/o Village-Danoura, Tehsil Naraingarh, District Ambala.

……. Complainant.

                                                Versus

 

1. Bank of India, Branch Naraingarh, Naraingarh, District Ambala through its Manager.
2. Mr. Ram Pal Manager, Bank of India, Branch Naraingarh, Naraingarh, District Ambala.

     ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Jahar Singh, Advocate, counsel for the complainant.

                   Shri Rattan Lal Mundan, Advocate, counsel for the OP No.1.

OP No.2 already given up vide order dated 22.08.2019.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs.10,00,000/- as compensation for deficiency in service.
2. To pay Rs.50,000/-, costs and damages being suffered by the complainant. 
3. To pay Rs.20,000/- for the mental agony and physical harassment suffered by the him.  

 

                   Brief facts of the case are that the complainant, who is a valued customer of OP Bank, having saving account number 671710110004038 approached the OP No.2 on 29.03.2019, to get a reference form attested/countersigned by OP No.2, which was to be signed without any responsibility and guarantee of the Bank, the same was required to be signed from a scheduled Bank, which was to be submitted by complainant in PWD (B&R), Haryana, to apply for license of a contractor but OP No.2 refused to sign the same without any justifiable reason and misbehaved with complainant. OP No.2 is a Manager of a scheduled Bank and he is a customer of OPs Bank, it was incumbent upon him to sign the said ‘Form’ and at least he was not supposed to misbehave with him. Hence, the present complaint.

2.                 Upon notice, OP No.1 appeared through counsel and filed written version, raising preliminary objections regarding cause of action, jurisdiction, estoppal and maintainability. It is stated that the complainant approached the OP No.2, for issuance of a certificate. It is abundantly clear that a certificate with respect to the repute and financial engagement capability of a person was to be issued by the officer of scheduled Bank, which does not tantamounts to rendering services to a customer, in any manner and this certificate was to be issued on the fact basis. The complainant is not personally known to the OPs. He is merely identified as customer of the Bank, who is maintaining saving Bank account bearing No.671701100004038 with the OP No.1 and the repute and financial engagement and capability was to be assessed on the basis of the debit and credit entries carried out in the account of the complainant, maintained by the officials of OP No.1, while discharging their officials duties in ordinary course of business. From the entries carried out in account of the complainant, it is evident that the complainant never maintained balance even of Rs.1,00,000/- in his account in the proceeding more than one year except one entry of Rs.2,00,000/- which was received by the Bank through RTGS and immediately transferred by RTGS on the same day. The complainant was not maintaining either any FD account or other saving or current account with the OP No.1, therefore in view the track record of the account of complainant maintained with OP No.1. OP No.2 showed his inability to sign the said certificate format of which is annexure-II. OP No.2 requested the complainant either to deposit amount of Rs.10,00,000/- in the shape of FD or in saving account, so that OP No.2 may issue the said certificate after assessing the capability and financial status of the complainant, but the complainant flatly refused to do the needful, on which the OP No.2, humbly requested the complainant that he cannot issue the certificate without adhering the norms, rules & without having satisfied about the financial status of the complainant. OP No.2 or any other official of the Bank never misbehaved with the complainant. Complainant had also filed complaint to the higher authorities of the Bank. All the staff members of the Bank furnished a duly signed statement/certificate before the said authority.   Rest of the allegations levelled by the complainant were denied for lack of knowledge and prayer has been made for dismissal of the present complaint.

                   Learned counsel for complainant vide his statement dated 22.08.2019, had given up OP No.2. Accordingly, vide order dated 22.08.2019, OP No.2 was given up.

3.                Learned counsel for the complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-8 and closed the evidence on behalf of complainant. On the other hand, Shri Ram Pal Manager, Bank of India, Branch Office at Naraingarh,  District Ambala, tendered his affidavit on behalf of OP No.1 as Annexure OP1/A alongwith documents Annexure OP/1 to OP/10 and closed the evidence on behalf of OP No.1.

4.                We have heard the learned counsel for the complainant and learned counsel of the OP No.1 and carefully gone through the case file.

5.                Ld. counsel for the complainant submitted that he was having saving account with the OP Bank. In order to get a contract from PWD B&R, he approached the Manager of the Bank, to get a reference form attested/counter signed, which was to be signed without any responsibility and guarantee of the bank. The Bank Manager instead of signing the said form has given such kind of remarks as a result whereof he could not apply for the licence of a contractor, not only this his reputation got tarnished. Due to the remarks given by the Bank he went through a lot of mental agony and physical harassment. This act of the OP Bank tantamounts to deficiency in service.

                   On the contrary the Ld. counsel for the OP Bank submitted that no doubt complainant was maintaining a saving account with the OP Bank and he approached it for issuance of Form of Bankers Certificate from a Scheduled Bank upto a limit of Rs.10,00,000/- (Ten lacs). The said certificate was to be issued on the basis of the debit and credit entries carried out in the account of the complainant. From the entries carried out in the account of the complainant, it is quite clear that complainant never maintained balance of Rs.10,00,000/- in his account and maximum amount lying deposited in his account was of Rs.7,00,000/-. Complainant was asked either to deposit upto Rs.10,00,000/- in his account or to get issue FD for the said amount, but he refused to do so. He further submitted that the Bank had issued guidelines in respect of issuance of solvency certificate and the charges in respect thereto, but the complainant never submitted any property details nor any other material or affidavit showing his solvency upto the extent of Rs.10,00,000/-. In view of the track record of the account of the complainant, the Manager has rightly given the remarks on the certificate form Annexure B4. As such there is no deficiency in service on the part of the OP No.1, therefore the complainant filed against it is liable to be dismissed with costs.

          Admittedly, the complainant is having saving account with the OP Bank. As per the complainant he approached the Manager of the OP Bank to get a reference form Annexure C-2 attested/counter signed. However, the Manager of the Bank instead of signing the said form has given such remarks, due to which he could not apply for the licence of the contractor with the Department    concerned. On the other hand the plea of the OP Bank is that since on the given date complainant was not having balance of Rs.10,00,000/- in his account that is why it’s Manager asked the complainant either to deposit Rs.10,00,000/- in his account or in shape of FD, but the complainant refused to do so and the Manager of the Bank has rightly given the remarks on the said form. It may be stated here that Shri Ram Pal the Manager of the OP Bank in his affidavit Annexure OP1/A, has deposed that in view of the track record of the account of the complainant maintained with the Bank, the deponent showed his inability to sign the said            certificate. He requested the complainant either to deposit the                  amount of Rs.10,00,000/- in his saving account or in the shape of FD, but he refused to do so. The Ld. Counsel for the complainant vehemently argued that in this regard no request was made to the complainant. The deposition made by Shri Ram Pal, Manager of OP Bank, cannot be relied upon as no documentary evidence has been placed on record other than his own deposition.

                   Perusal of guidelines Annexure OP5, reveals that for issuance of the solvency certificate, bank is required to obtain the following documents:-

1.       Request form.

2.       Copy of passport

3.       Current account statement, if any.

4.       Saving account statement, if any.

5.       Mutual fund investment, if any.

6.       Investments in share, if any.

7.       Property valuation certificate from the Chartered Engineer if applicable.

8.       Gold  valuation certificate issued by Banker based on the weight and value of gold.

9.       Insurance, if any

10.     Provided fund account statement, if any

11.     Chartered Accountant Net Worth certificate.

for rejection or acceptance of the case of the complainant. The above said guidelines were available with the Manager of the OP Bank to ask the complainant, in writing to provide the security upto Rs.10,00,000/-, so that the case of the complainant could be considered in a just and proper manner. However, no cogent evidence has been produced by the OP bank to show that the proper procedure had been adopted by the OP Bank, before giving such remarks on the Form of Bankers Certificate. As such it can easily be said that a short cut method was adopted by the Bank, resulting into causing financial loss to the complainant as he could not succeed in getting the licence of the contractor from the concerned department, because of dearth of necessary documents from the bank concerned. Not only this due to the said remarks given by the OP Bank, the reputation of the complainant also got tarnished and he had to go through a lot of mental agony and physical harassment. Although, the agony through which the complainant went through cannot be measured monetarily, yet we do not hesitate to hold that the OP Bank is liable to compensate the  complainant adequately. No doubt, the compensation sought for by the complainant is excessive. However, keeping in view all the fact and circumstances of the case, we are of the view that, if a lump sum amount of Rs.1,00,000/- be granted to the complainant, it will meet the end of justice.

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP Bank to pay a lump sum amount of Rs.1,00,000/- to the complainant within 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on : 10.03.2021.

 

 

                     Sd/-                                    Sd/-                                       Sd/-

          (Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

              Member                                  Member                       President