Chandigarh

DF-I

CC/19/2015

Gurdeep Singh - Complainant(s)

Versus

Branch Manager, Central Bank of India - Opp.Party(s)

Pradeep Kumar

29 May 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/19/2015
Date  of  Institution	:	09/01/2015
Date   of   Decision	:	29/05/2015

 

 

 

 

 

Gurdeep Singh S/o Sh. Sadhu Singh, resident of H.No.352, Phase 3A, Mohali – 160055.

……Complainant

Vs.

 

Branch Manager, Central Bank of India, 68-69, Bank Square, Sector 17-B, P.B. No.13, Chandigarh – 160017.

 

 …… Opposite Party

 

 

BEFORE:   SH. P.L. AHUJA                PRESIDENT

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainant	:	Complainant in person
For Opposite Party	:	Ex-parte.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, the Complainant, who was maintaining a Saving Bank Account No. 1019924107 with the Opposite Party, deposited a Cheque on 28.04.2007 bearing No. 460172 dated 12.04.2007 for Rs.7458/- drawn on Axis Bank, Delhi for crediting its proceeds to his above said  account. The said amount was credited in his account on 22.05.2007. It has been averred that during the period July, 2007 to July, 2013 the Complainant was posted out of Chandigarh and due to this he could not get his bank passbook updated regularly. It has been alleged that in Nov.2014, when the Complainant got updated his passbook, he was surprised to know that after more than 05 years since the date when the amount of Rs.7458/- was credited to his account, it was again debited to his account on 04.09.2012, without assigning any reasons. It has been further alleged that since Nov.2014, the Complainant had been making repeated personal entreaties with the Opposite Party to get the aforesaid amount credited in his account, but there was no positive response. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Party tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.     Notice of the complaint was sent to Opposite Party, seeking its version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 30.04.2015.

 

3.     Complainant led evidence.

 

4.     We have heard the Complainant in person and have also perused the record.   

 

5.     In the present circumstances, the averments of the complaint have gone unrebutted in the absence of the Opposite Party who was duly served and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The act of the Opposite Party in debiting Rs.7458/- from the account of the Complainant, after more than 5 years of its credit i.e. 22.5.2007, without informing him or assigning any valid reasons, to our mind, amounts to grave deficiency in service and indulgence in unfair trade practice. Certainly, the valuable time of the Complainant has been wasted in visiting the office of Opposite Party and also in communicating with it, as is evident from Annex.C-1 & C-2, for getting credited his unjustly debited amount to his saving account. The harassment suffered by the Complainant on this account, is also writ large. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.

 

6.     In the light of above observations, the present complaint succeeds against the Opposite Party. The same is allowed. We direct the Opposite Party to:-         

1. To credit Rs.7458/- to the saving account of the Complainant;
2. To pay Rs.5,000/- as compensation for mental agony & harassment suffered by the complainant;
3. To pay Rs.3,000/- as costs of litigation.

 

 

7.     The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, Opposite Party shall be liable for an interest @9% per annum on the amount mentioned in sub-para (i) & (ii) above from the date of institution of this complaint, till it is paid, apart from cost of litigation of Rs.3,000/-.  

 

8.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

29^th May, 2015                           

Sd/-

(P.L. AHUJA)

PRESIDENT

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER