Date of filing :23.05.2016
Date of order : 05.08.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE AT VELLORE DISTRICT.
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc.,B.L.MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A. MEMBER - II
FRIDAYTHE 5th DAY OF AUGUST 2022
CONSUMER COMPLAINT NO.9/2016
M. Harish kanna,
No. 6,BajanaiKoil Street,
Kodali Village,
Vellore District. …Complainant
-Vs-
The Branch Manager,
Indian Bank Kalavai Branch,
10/1, Brahmin Street,
Kalavai – 632 506. …Opposite Party
Counsel for complainant :Thiru. Harish Kanna(Party-in-person)
Counsel for opposite party :Thiru. K.M.Boopathi
ORDER
THIRU. A. MEENAKSHI SUNDARAM, PRESIDENT,
This complaint has been filed under section 12 of Consumer Protection Act 1986. The complainant has prayed the Hon’ble commission to direct the opposite parties to pay a sum of Rs.1,00,000/- as compensation for mental agony for Bank official’s irresponsibility as the Bank didn’t provide ATM card.
1.The case of the complaint is briefly as follows:
The complainant has a saving account with the opposite party vide account No.198754002. He has requested for ATM Card as well as internet banking facility from the opposite party in the last week of April 2016. He has received SMS on 26.04.2016 calling upon him to collect PIN for internet banking after 30.04.2016. He visited the bank for collecting the ATM Card as well as the PIN, on 12.05.2016 at 11.45am. But the person who issued the ATM Card was not available. The other bank employee informed him to collect the ATM Card on 16.05.2016. she gave only pin for internet banking after 5.30pm on 12.05.2016. while receiving the PIN, the complainant informed to the bank staff, that he would move to his relative’s house and stay there for 3 days and that he needs the ATM Card for his expenses. But the bank staff refused to give the ATM cardand only gave PIN for internet banking. when he checked the status of internet banking facility on 12.05.2016, he found that it was not activated. Again the complainant visited his home branch on 13.05.2016 at 3pm and requested to activate the internet banking facility. As per the Indian Bank rules internet bank PIN should be activated within 24 – 48 hours. But in the case of complainant, the opposite took more than a week to activate internet banking facility. After he left from his relative’s house on the evening of 16th May 2016, he contacted the branch manager on 17th May. Further he personally visited the bank on 18.05.2016 regarding the activation of internet banking facility. But the manager replied that, “I will check it and during course of the day”. This kind of irresponsible act dragged the complainant to mental agony and depression. He has visited the branch on 19.05.2016 around 12pm. Only then the opposite party activated the internet banking facility and provided his ATM Card along with PIN.If at all, one of the bank official has gone on leave the existing officers should have taken charge and performed the duty. But in this case they did not do so, despite explaining his hardships. They only activated the ATM Card on 19.05.2016. if at all the bank official wish to activate they can do so immediately, as it takes hardly less than 15 minutes. But the opposite party took more than a week to activate. This shows irresponsibility towards their customer. Infact the opposite party should have activated the ATM within 24-48 hours. It shows that the bank officials are under laziness and there is a dereliction of duty on their part. The delay in activation is fully due to irresponsible activates of these opposite parties, which put the complainant under depression and caused mental agony, for which the opposite party, is liable to compensate the complainant. Hence this complaint.
2. The written version of opposite party is as follows:
The complainant is having account in Indian Bank, Kalavai branch and he submitted a request for both ATM and internet banking on the last week of April 2016. He was given internet banking immediately and was requested to wait for the ATM Card as the Branch Manager, was busy attending to other customers. But the complainant told that he could not wait and that he will come after few days. On 19.05.2016 the complainant visited the bank and asked for the PIN and Card and it was delivered immediately, and informed that the ATM Card will be activated on the very next day. But he argued that it has to be activated immediately and that he will make a complaint. On 19.05.2016 and 20.05.2016 there was technical issue in DCMS site in branch, so the ATM Card could not be delivered in DCMS. And on 21.05.2016 was a holiday and the ATM Card was delivered in DCMS on 23.05.2016. there was no delay in doing service to the complainant and there was no deficiency of service on part of the bank.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A16 were marked. Written argument of complainant filed.Proof affidavit of opposite party filed. Documents not filed. Written argument of opposite party not filed. Oral arguments of both sides heard.
4. THE POINTS THAT ARISES FOR CONSIDERATION ARE:
1. Whether there is any deficiency in service on the part of the opposite
Party?
2. Whether the complainant is entitled for relief as claimed in the
complaint?
3. To what relief the complainant is entitled to?
5. POINT NOS. 1& 2: The complainant has saving bank account with the opposite party and has requested for ATM and internet banking facility in April 2016 for which he received an SMS from the bank on 26.04.2016 to collect PIN number and for internet banking after 30.04.2016.Accordingly, he visited the branch for collecting ATM Card and to activate internet banking facility. But the opposite party’s staff refused to give ATM Card but provided with only the PIN. Which was not activated once again he visited the branch on 30.05.2016 to activate internet banking facility. As per the rules of the RBI the internet banking facility should be activated within 24-28 hours. In the present case, admittedly the internet banking facilities was activated on 19.05.2016. The only grievance raised by the complainant is that the ATM Card and internet banking facility was not activated in time, as contemplated under the banking rules. Further the bank official abused the complainant. In this regard the defence raised by the opposite party was, there was a issue in DCMS site, in the branch on 19th and 20th of May 2016. Further 21st May and 22nd May were holidays. Therefore, ATM Card was delivered in DCMS on 23.05.2016. But they did not produce any documents before this Hon’ble Forum to substantiate this claim, to show that thee was a tech problem in the DCMS site. Therefore, we could not rely on the averment in their written version. On the other hand the complainant has filed numerousdocuments to show that he visited the opposite party multiple times, to redress his grievances. Therefore, we find that the opposite party for the purpose of justifying their mistakes they purposefully stated in their version that there is a tech issue on 19th and 20th May 2016, without valid proof, they should rely on. Hence, we find that there is a deficiency in service on part of the opposite party. Hence, these Point Nos. 1 and 2 are decided in favour of the complainant.
6. POINT NO. 3: As we have decided that in Point Nos.1&2 that there is a deficiency in service on the part of the opposite party. The opposite party is hereby directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant. This Point No.3 is also answered accordingly.
7. In the result, this complaint is partly allowed. The opposite party is hereby directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 5thAUGUST 2022.
Sd/-Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 - Copy of Bank Passbook
Ex.A2 – 26.04.2016 - Copy of Welcome Message for subscribing internet Banking
facility
Ex.A3 – 12.05.2016 - Copy of Snapshot of screen while try to login Internet Banking
Ex.A4 – 13.05.2016 - Copy of Snapshot of screen while try to login Internet Banking
Ex.A5 – 15.05.2016 - Copy of Snapshot of screen while try to login Internet Banking
Ex.A6 – 19.05.2016 - Copy of Snapshot of screen while try to login Internet Banking
Ex.A7 – 19.05.2016 - Copy of ATM Bill while try to do the transaction
Ex.A8 – 20.05.2016 - Copy of ATM Bill while try to do the transaction
Ex.A9 – 21.05.2016 - Copy of ATM Bill while try to do the transaction
Ex.A10 – 22.05.2016 –Copy of ATM Bill while try to do the transaction
Ex.A11 – 21.05.2016 – CopyEmail copy of Demand letter sent by the customer to the
Bank
Ex.A12 – 08.06.2016 – Copy Account Statement
Ex.A13 - 03.10.2016 - Copy of Email
Ex.A14 – 03.11.2016 - Copy of RTI Act details
Ex.A15 – 09.10.2018 - Copy ofRTI Act 2005 online application
Ex.A16 - Copy of RTI Act 2005 online application
LIST OF OPPOSITE PARTY SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
