BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 136 of 2021
Date of Institution : 26.07.2021.
Date of Decision : 15.09.2022.
Davinder Singh, aged 35 years son of late Shri Malkiat Singh, resident of village Suchan, Tehsil and District Sirsa.
……Complainant.
Versus.
1. The Branch Manager, Punjab and Sind Bank, Sirsa.
2. The Chairman, Punjab and Sind Bank Principal Office: Bank House, 21, Rajindera Place, New Delhi- 110 008.
3. The General Manager, Punjab and Sind Bank, 2nd Floor, SCO 84-91, Madhya Marg, Bank Square, 17B, Chandigarh- 160 017.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR …………PRESIDENT
MRS.SUKHDEEP KAUR………………MEMBER.
SH. SUNIL MOHAN TRIKHA………… MEMBER
Present: Sh. Kewal Kamboj, Advocate for complainant.
Sh. G.S. Soni, Advocate for opposite parties.
ORDER
The present complaint has been filed by complainant against the opposite parties (hereinafter referred as OPs) with the averments that late Shri Malkiat Singh father of complainant was maintaining a KCC account with op no.1 bearing account no. 2991600097278 and he was also maintaining a saving bank account no. 02991000036337 with op no.1. That account holder Shri Malkiat Singh died on 14.09.2020 and information about his death was given by complainant to op no.1. It is further averred that complainant does not have any information about the details of above said accounts which were opened by Shri Malkiat Singh with op no.1. That complainant being son and also being the legal heir of late Sh. Malkiat Singh made a written request to the op no.1 on 15.12.2020 for providing/ supplying him the details of above said accounts i.e. loan sanction letter, legal report given by the Advocate, bank agreement, DP note, mortgage deed and their account statement from the day of its opening till end, detail of ATM card, insurance on ATM card, credit card issued on the above said accounts, detail of any insurance policy/ cover note issued as per the Social Security Insurance Policy as per the policy of Central Govt. of India on payment of Rs.12/- or Rs.330/- per annum as insurance premium and any other insurance policy/ cover note, amount deducted under PMFBY scheme and compensation amount credited in the KCC account about crop loss and any other benefit issued against the above said saving bank accounts. But however, bank authority has refused to entertain the application of complainant. The complainant made several visits to the bank for obtaining the above information, but the op no.1 always put off the complainant with one pretext or the other. It is further averred that in reply to letter dated 15.12.2020, op no.1 wrote a letter no. 1020 dated 13.1.2021 to the complainant but same was not delivered upon complainant well in time and op no.1 did not provide the information as required by complainant. That thereafter, complainant wrote another letter to op no.1 on 16.2.2021 through registered post but of no use. The complainant also got served a legal notice upon ops on 8.6.2021 which was duly served as per track consignment reports. It is further averred that on 3.6.2021, complainant moved a complaint against the Branch Manager of Punjab and Sind Bank, Sirsa Branch before the C.M. Window and General Manager, Punjab and Sind Bank, Sirsa but the CM Window treated the complaint as RTI matter and same was disposed of on 9.6.2021. However, op no.3 did not take any action on the complaint of complainant. That thereafter, on 30.6.2021, the complainant moved a complaint against Shri Randhir Singh, the then Branch Manager of op no.1 before the Manager, Vigilance Office, New Delhi and again op no.3 while deciding the application of complainant treated the case of complainant under RTI, whereas complainant never sought any information from ops under RTI Act and till date no action has been taken on the complaint of complainant. That ops by their such act and conduct have committed gross deficiency in service towards the complainant and thereby put him to suffer unnecessary harassment. Hence, this complaint seeking direction to the ops to provide/ supply the above required information to the complainant and also to pay an amount of Rs.50,000/- as compensation for harassment and also to pay a sum of Rs.11,000/- as litigation expenses to the complainant.
2. On notice, opposite parties appeared and filed written statement taking preliminary objections that complaint is not maintainable in the present form, that complainant has got no locus standi to file the present complaint, that complaint is bad for non joinder of necessary parties as all the legal heirs of deceased account holder Shri Malkiat Singh have not been impleaded as parties to the present complaint and that complainant has concealed and suppressed the true and material facts from this Commission. On merits, it is submitted that it is wrong that the complainant is not having any detail of the KCC account of deceased Shri Malkiat Singh. As a matter of fact, the complainant had given guarantee in the aforesaid KCC account of his father and account statement of the KCC account in the name of Shri Malkiat Singh have been delivered to the complainant personally in the branch on his demand and complainant was quite satisfied on all other issues. It is further submitted that ops had given reply to the letters written by the complainant to the bank. The legal notice was also duly replied by the bank vide reply dated 10.6.2021. Alongwith the reply to the legal notice, all the relevant details were supplied to the counsel for complainant. In this manner, the information requested by the complainant was supplied to him. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of the complaint made.
3. In order to prove complaint, complainant has tendered his affidavit as Ex.CW1/A and documents i.e. application dated 15.12.2020 Ex.C1, letter of the bank dated 13.01.2021 in response to the application dated 15.12.2020 Ex.C2, application dated 16.2.2021 Ex.C3, postal receipt Ex.C4, track consignment report Ex.C5, application dated 3.6.2021 Ex.C6, status report of CM Window application Ex.C7, again application dated 3.6.2021 Ex.C8, postal receipt Ex.C9, track consignment report Ex.C10, application dated 30.06.2021 Ex.C11, postal receipt Ex.C12, track consignment report Ex.C13, copy of adhar card Ex.C14, copies of legal notices dated 8.6.2021, postal receipts and track consignment reports Ex.C15 to Ex.C23, and coloured copy of Kisan Card/ Rupay Debit card Ex.C24.
4. On the other hand, ops in order to rebut the evidence of complainant have tendered affidavit of Sh. Neeraj Kumar Soni, Branch Manager Ex.R1, copy of statement of account for the period 06.09.2016 to 07.06.2022 of account No. 02991600097278 Ex.R1/A, final report on the enquiry by the Investigating or Reporting Officer Ex.R2, copy of application of complainant dated 10.07.2021 Ex.R3, copy of application of complainant dated 3.6.2021 Ex.R4, copy of letter of the bank Ex.R5, reply to application moved on CM Window Ex.R7, copy of reply to legal notice Ex.R8 and copy of letter of the bank dated 13.01.2021 Ex.R9.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. Learned counsel for complainant contended that deceased Sh. Malkiat Singh father of complainant was having his KCC account and saving account in the branch of ops’ bank i.e. with op no.1 bank. On 15.12.2020, complainant being son of deceased Sh. Malkiat Singh had made a written request to op no.1 bank for supplying the details of above accounts i.e. loan sanction letter, legal report given by the Advocate, bank agreement, DP note, mortgage deed and account statement from the day of opening of accounts till last transactions/ end, detail of ATM card, insurance on ATM card, credit card issued on the above said accounts, detail of any insurance policy/ cover note issued as per the Social Security Insurance policy as per policy of the Central Government of India on payment of Rs.12/- or Rs.330/- per annum as insurance premium and any other insurance policy/ cover note, amount deducted under PMFBY scheme and compensation amount credited in the KCC account about crop loss. But however, despite request of complainant ops failed to supply the above said record and prayed for acceptance of the present complaint.
7. On the other hand learned counsel for ops bank contended that all the record of the accounts has already been supplied and statement of account is also placed on record as Ex.R1/A and total loan amount of Rs.10,18,460.96 is outstanding against deceased Sh. Malkiat Singh father of complainant. Ld. counsel for ops has further contended that as per reply to legal notice Ex.R8, the statement of account in the name of Sh. Malkiat Singh was delivered to the complainant personally in the branch on his demand and bank has also sent the record i.e. copy of sanction letter dated 6.9.2021, copy of legal report given by the Advocate, hypothecation form no. 312 (R) dated 6.9.2016, copy of DP Note dated 6.9.2016 for Rs.8,50,000/- signed by the borrower Sh. Malkiat Singh, copy of mutation/ lien marked on land measuring 67 kanals 14 marlas, copy of account statement of both accounts i.e. KCC and saving bank which was already delivered to the complainant personally in the branch and also provided information that no ATM was issued to Sh. Malkiat Singh and agriculture debit card was issued in KCC account to the borrower Sh. Malkiat Singh and the borrower used the same. It was also informed that no credit card facility is available in their bank till date and that as per Govt. of India guidelines insurance under PMSBY and PMJJY is issued on the written request of the customers and premium is deducted from his saving bank account but the deceased Sh. Malkiat Singh has not requested bank for insurance under these scheme as such no insurance was available to deceased Sh. Malkiat Singh under these schemes. Ld. counsel for ops bank has further contended that it was also informed to the complainant that detail account statement of KCC loan account is enclosed which depicts each and every entry of PMFBY scheme and compensation received and the account statement of saving bank account was also enclosed with the reply to the legal notice and present complaint has been filed without any cause of action and prayed for dismissal of the complaint.
8. We have duly considered the rival contentions of the parties. Admittedly, Sh. Malkiat Singh now deceased father of complainant was having KCC account as well as saving bank account in the branch of op no.1 bank and said Sh. Malkiat Singh died on 14.9.2020. The complainant by way of his application dated 15.12.2020 Ex.C1 which was duly received by op no.1 bank on the same date informed the op no.1 bank about the death of his father Sh. Malkiat Singh on 14.09.2020 and demanded above said details/record of above said accounts of his father after his death. So, the intimation regarding death of said Sh. Malkiat Singh father of complainant was duly given to the op no.1 bank by the complainant. The ops have placed on record copy of statement of KCC account No. 02991600097278 for the period 06.09.2016 to 07.06.2022 as Ex.R1/A, the perusal of which reveals that even after the death of deceased Sh. Malkiat Singh account holder, the intimation of which was already given to the op no.1 bank, there were transactions in the said account. The op no.1 bank has deducted premium amounts from the said KCC account for Rabi 2020-21 on 29.12.2020 i.e. after death of Sh. Malkiat Singh though same has been reversed in his account and again on 31.7.2021 premium amount for insurance of crop of Kharif 2021-22 under PMFBY was deducted from said account though same has also been reversed in his account. The op no.1 bank after death of Malkiat Singh was not competent to make transactions in his account and op no.1 bank has failed to prove on record that with whose consent the transactions after the death of Malkiat Singh account holder has been done and this clearly amounts to deficiency in service on its part. Further, the ops have not placed on record copy of statement of account of saving bank account and as such it is not clear that as to whether bank has also done transactions of deduction of any amount from the saving account of said Malkiat Singh since deceased or not. Though op no.1 bank has claimed through its reply to legal notice that statements of accounts has already been supplied to the complainant and has also claimed that other record ( mentioned at Sr. no. i to vii in the reply to legal notice) is being sent to the complainant, but complainant has denied to receive such details/ record of above said accounts of his father and he has filed complaint dated 30.06.2021 against Branch Manager of op no.1 before higher authorities of the op no.1 bank meaning thereby that op no.1 has not provided the details of the accounts demanded by complainant from op no.1 bank. In our considered opinion, the end of justice would be met if the ops are directed to supply the required detail of both the accounts to the complainant and are also directed to pay reasonable compensation amount to the complainant for above said deficiency in service for making transactions after death of Malkiat Singh and for non supply of required detail.
9. In view of our above discussion, we allow the present complaint and direct the opposite parties (especially op no.1 bank where deceased was having accounts) to supply all the records of bank accounts of deceased Malkiat Singh including statements of accounts of his both accounts i.e. KCC account and saving account from the date of opening of accounts till death of Sh. Malkiat Singh/ last transactions of the accounts to the complainant within a period of 30 days from the date of receipt of copy of this order. We also direct the op no.1 bank to pay a sum of Rs.20,000/- as composite compensation for harassment and deficiency in service including litigation expenses to the complainant within above said period of 30 days, failing which op no.1 bank will be liable to pay the above said amount of Rs.20,000/- alongwith interest @6% per annum to the complainant from the date of this order till actual payment. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member President,
Dated:15.09.2022. District Consumer Disputes
Redressal Commission, Sirsa.
