MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 26/2021 is taken up today for order. Perused the materials available on record. Heard the Ld. Counsels from both the parties.
Brief Fact:-
The Complainants are President & Secretary of OMM Sitaram (Women’s Self Help group” in short “WSHG” with other 12 members in Artamul, Ps-Kendrapara Sadar opened an account in Op-Bank, Indian Bank, Harianka, via Danpur, dist-Kendrapara. The account was opened by passing a resolution vide A/C No. 6597704366 in the Harianka branch of Indian Bank in the joint name of Sanjukta Bal & Sasmita Swain as President & Secretary respectively. Subsequently 6 members have deleted due to default and 4 new members added & duly intimated to the Op-Bank. When on 05.05.21 President & Secretary had gone for deposit in the said account, the OpNo.2 of the Bank refused to receive the amount & stated that as per the instruction of Op No.1 they are not allowed to deposit. When the Complainants approached to Op No.1 (Branch Manager of the Bank) replied, on complaint of Sarapanch, Janara Barimula on whose request the transactions stopped in respect of A/C No. 6597704366. The Op No.1 further assured if the CDPO, Derabish Block direct by official order then it will allow the Complainants to operate the account in question. The Complainants approached CDPO, Derabish Block & accordingly CDPO, Derabish Block directed to Op No.1 to allow the Complainants to operate the account and accordingly a letter to this effect has been submitted before OPNo.1. But OpNo.1 & 2 intentionally and deliberately freez the A/C and did not allow the Complainants for deposit and withdrawal from the said A/C. Such inaction of Ops were arbitrary, illegal & should be redressed by this Commission by exercising its jurisdiction with appropriate reliefs as prayed for.
- The Complainants being poor women formed a WSHG group & opened an account under Ops are consumers within the meaning of Sec-2(7) of C.P.Act,2019.
- The account was opened & denied the transaction on dt. 05.05.2021. The C.C.Case was filed on dt. 19.07.2021 which is well within the prescribed period of limitation of C.P.Act,2019.
- The Ops have duty of financial service under the Banking Act, so also service well defined in Sect-2(42) of C.P.Act,2019 & banking service is one of them. The Op-Bank not allowed the Complainants to deposit & withdrawal of amount without any valid reasons which is coming under deficiency in service U/s-2(11) & also unfair trade practice U/S-2(47) of C.P.Act,2019.
- The Op-Bank being a Nationalized Bank should not operate its transactions by advice/opinion of a Sarapanch who is not a member of WSHG group. The Op-Bank stopped the transaction of the complainants A/C No. 6597704366 without non-application of mind & so also did not taken into account to the grievances of group of women formed a WSHG group for maintaining their livelihood. Such arbitrary illegal action by the Nationalized Bank condemned by this Commission. The Complainants with its members are undergoing mental agony & harassment by stoppage of transaction when there is a clear direction by one Govt. Authority. The account remained dormat since 05.05.2021 till today and there is an account balance of Rs. 50,127/- in the said A/C on the date of presentation of present C.C.Case. The Ld. Counsel for Op-Bank in their written version could not establish that the concerned WSHG group substituted its President & Secretary and no relevant materials/documents filed by the Ops to establish the Complainants have not got valid authority to deposit & withdraw in the said account. The Op-Bank committed injustice and deficiency in service which prejudiced the Complainants and we are of the opinion that the Ops shall allow the OMM Sitaram WSHG group to operate their account as before for transaction in the said account scrutinizing legal documents necessary for smooth running of the account.
- The Op-Bank liable to pay Rs. 5,000/- as penalty/fine for illegal stoppage of payment of the said account of WSHG group and Rs. 1000/- for litigation cost.
O R D E R
Taking into all the facts & laws involved in this case, this Commission hereby directed the Ops to allow the Complainants to operate their A/C No. 6597704366 and further directed to pay Rs. 5,000/- to the Complainants for mental agony and harassment undergone by the poor women and so also the Ops are directed to pay Rs. 1000/- towards cost of this litigation within a period of 30 days from date of receipt of this order, failing which the Complainants are at liberty to file execution proceeding before this Commission. The complaint case is allowed on contest, and accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 9th day of November,2022.
I agree
Sd/- Sd/-
PRESIDENT MEMBER
