Complaints filed on: 15-09-2022
Disposed on: 31-01-2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 31st DAY OF JANUARY 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
CC.No.133/2022
Smt. B.Usha Kumari, Assistant Teacher,
Sri.Byraweshwara Rural Highschool,
Manuvinakurike, Koratagere Taluk,
Tumakuru.
……….Complainant
( In Person)
V/s
The Branch Manager (PRABHANDAKARU),
State Bank of India, Thovinakere Branch,
Thovinakere, Koratagere Taluk,
Tumakuru, Karnataka.
……….Opposite Party
(Sri. Vazeer Ahamed K.H., Advocate)
:ORDER:
BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint has been filed by the complainant against the OP U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OP/bank to pay her salary amount of Rs.93,924/- with interest and compensation for mental agony.
2. The brief facts of the complaint are as under:-
The complainant is working as a Government Teacher since 18.06.1987 and holding S.B. Account bearing No.10653714190 in the OP/Bank from 1990 to 2012 while working as a Teach at Byraweshwara High School, Manuvinakurike, Koratagere Taluk, Tumakur and her salary was credited to the above said account till 2012. In the year 2012, the complainant transferred to Bugadanahalli School and therefore she did not do any transaction in the said account. During the year 2022 in the month of July, the complainant again transferred to the said school i.e., Byraweshwara Rural High School and therefore she enquired about her account which was holding by her between 1990 to 2012, for that, the OP asked the complainant to pay Rs.1,000/- and to furnish Aadhar card and Pan Card and as per the instruction, the complainant furnished the said documents and challan for payment of Rs.1,000/- and thereafter, she was given the said account No.10653714190 to HRMS salary bill on 24.06.2022. It is further contended by the complainant that the salary was not credited to the said account even though the salary of her colleagues were credited. Therefore, she enquired about non credit of her salary, the OP said that the salary amount of the complainant was credited to depth account and asked the complainant to get new account and assured that he will take action to credit her salary to her new account. Therefore the complainant furnished the documents and challan for payment of Rs.1,000/- once again and get it done her new account bearing No.41139472960. But the OP did not credit her salary amount to her new account also in spite of personal approach and request. Hence, without any alternative the complainant filed this complaint alleging deficiency in service against the OP/Bank.
3. On receipt of notice by this Commission, the OP appeared through their counsel and filed their version by contending that the complainant has filed a false complaint against the OP with baseless facts and the allegations made in the complaint are all false and hereby denied. The OP further contended that the complainant is having SB Account bearing No.10653714190 opened on 14.08.2003 for the purpose of credit of her salary and the last transaction done by the complainant was 14.04.2012 and since the above SB Account was not operated, the said account become in-operative on 24.06.2022. Subsequently, the complainant visited the branch and deposited Rs.1,000/- to the said account without having the knowledge of inoperative states of the account and therefore the OP has requested the complainant to submit the E-KYC (Aadhar & Pan Card etc.) from the complainant, but the complainant inclination to submit the said KYC documents which are very much necessary to activate the said account. As such, the said account transferred to DEAF (Depositors Education and Awareness Fund) on 19/07/2022 hence, the allegations made in the complaint towards deficiency of service on the part of OP/Bank is not true. On these among other grounds, it is prayed to dismiss the complaint.
4. The complainant has filed his affidavit evidence and marked the documents as Ex.P1. Sri. Srinivasa M.V., Manager of OP/Bank has filed his affidavit evidence.
5. We have heard the arguments from complainant in person. While filing the affidavit evidence, the counsel for OP submits that his arguments be taken as heard.
6. On perusal of pleadings and document, the points that would arise for our consideration are:
1) Whether there is any deficiency in service on the part of OP/Bank?
2) Whether complainant is entitled for reliefs sought for?
7. Our findings to the aforesaid points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order
:REASONS:
8. On perusal of pleadings, evidence of parties and documents of the complainant, it is an admitted fact that the complainant holding S.B. Account bearing No.10653714190 in the OP Bank from 1990 to 2012 while working as a Teacher at Byraweshwara High School, Manuvinakurike and her salary was credited to the above said account till 2012. In the year 2012, the complainant transferred to Bugadanahalli school and there is no transaction in the said account. Later in the month of July 2022, the complainant again transferred to the Byraweshwara Rural High School and enquired about her account which was holding between 1990 to 2012. The OP/Bank asked the complainant to pay Rs.1,000/- and furnish Aadhar card and pancard for reactivation of the account. As per instruction of the OP/Bank, the complainant furnished Aadhar card and Pan card and paid Rs.1,000/- by challan on 24.06.2022. On believing the assurances of the OP/Bank, she gave the said account No.10653714190 to HRMS salary bill on 24.06.2022. But salary was not credited to the said account. Later complainant approached the OP/Bank about non credit of her salary and OP/Bank said that salary amount was credited to DEAF account and asked the complainant to get new account. Therefore, the complainant furnished the documents and once again paid Rs.1,000/- through challan and get new account bearing No.4113942960.
9. The main allegation of the complainant is that in spite of personal approach and requests, the OP/Bank did not credit her salary amount of Rs.91,924/-.
10. The OP/Bank contended that the complainant is having S.B. Accouont No.10653714190 opened on 14.08.2003 for the purpose of credit of her salary and last transaction done by the complainant was 14.04.2012 and the said account become in-operation on 24.01.2022. Subsequently, the complainant visited the branch and deposited Rs.1,000/- to the said account without having the knowledge of inoperative status of the account and OP/Bank requested the complainant to submit the E-KYC, but the complainant failed to submit the said KYC documents, which are necessary to activate the said account. Hence, salary is transferred to DEAF on 19.07.2022.
11. From the above admitted facts and OP contentions, it is seen that the complainant paid Rs.1,000/- through challan to the old account in OP/Bank with regard to activate the inoperative account. The Bank officials received the amount without any objections or without verifying the status of the complainant old account and thereafter the complainant gave account number to HRMS for salary credit purpose and salary of Rs.91,924/- was credited to the A/c No.1.0653714190. But the said account not reflected the same. As per contentions of the OP/Bank, the complainant’s account is inoperative from 2012 to June 2022. But the OP received Rs.1,000/- through challan without any objections from the complainant.
12. Now the question is to which account Rs.1,000/- was credited on that day and why the OP/Bank has not raised any objection at Initial stage and informed to the complainant. This negligent act from the OP Bank amounts to deficiency in service on the part of OP/Bank. If the OP/Bank informed the complainant on that day only, the complainant not gave the account number to HRMS. Hence, for the negligent act of the OP, the complainant suffered mental agony and compelled to approach this Commission. Therefore, the OP is liable to pay salary of Rs.91,924/- plus Rs.1,000/-, in total Rs.92,924/- to the complainant along with interest and also liable to pay Rs.20,000/- as compensation for mental agony and Rs.10,000/- as litigation expenses. Accordingly, we pass the following:-
:ORDER:
The complaint is allowed.
The OP is directed to pay Rs.92,924/- to the complainant with interest @ 9% PA from 01.07.2022 to till realization.
The OP is further directed to pay Rs.20,000/- as compensation and Rs.10,000/- as litigation expenses to the complainant.
The OP is directed to comply the above order within 45 days from the date of receipt/knowledge of this order, failing which, penalty of Rs.100/- per day shall be payable by the OP after lapse of 45 days from the date of order to till the date of compliance.
Supply free copy of this order to both parties
