Smt. Sangita Paul, Member
This is a case was filed by Shri Tapas Kumar Naskar, S/o. Late Niranjan Naskar of Subuddhipur Dey Para, P.O. + P.S. – Baruipur, Kolkata-700 144 against Branch Manager / Authorized Signatory of UCO Bank Branch, with a prayer to refund the deducted penalty amounting to Rs.2,251/- with 10% interest for delay payment to the complainant, to pay a further sum of compensation of Rs.50,000/- to the complainant for his suffering from mental pain and agony.
The OP is Branch Manager / Authorized Signatory of UCO Bank, Baruipur Branch, P.O. & P.S. – Baruipur, Kolkata-700 144.
The complainant, by filing this case, states that being satisfied and allured by the presentation of the OP and relying on terms and conditions, the complainant has opened a Bank Account being No.01990100014724 in 1988. The complainant put his short signature on the bank record and used to withdraw money by putting his short signature and recently opened a new bank account being No.01990110145098 on 23.07.2021. The complainant put his full signature as Tapas Kr. Naskar. The signature is maintained by the office record of the OP Bank.
The complainant states that at the time of withdrawal of cash the OP stated that he could not withdraw money by putting his short signature. He has to use full signature for withdrawal of money. The new account was opened on 23.07.2021.
As per verbal instructions, the complainant issued few cheques by putting his full signature to his parties, but the cheque got bounced on 07.08.2021, 05.02.2022, 15.03.2022, 16.03.2022, 18.03.2022 and deducted charges of penalty amounting to Rs.2,251/-. The OP’s statement shows that it had been happened due to difference of signature. At the same time, the complainant was allowed by the OP to withdraw money from the said bank account with full signature. Due to deficiency in service adopted by the OP, the complainant suffered loss. Under the above-mentioned circumstances, the OP deducted unaccounted money from the complainant’s bank account. This is an unfair trade practice.
The complainant went to the OP bank for several times, the complainant also informed RBI Ombudsman, but the complainant did not get any fruitful result. The complainant also applied before Consumer Affairs and Fair Business Practice, South 24 Parganas, but the OP did not attend for solving the matter through the process of mediation.
That the cause of action arose on 07.08.2021, 05.02.2022, 15.03.2022, 16.03.2022, 18.03.2022 and is still continuing.
Hence the complainant prays for a direction upon the OP to refund the deducted penalty-charges, amounting to Rs.2,251/- with 10% interest for delay payment to the complainant, to pay further sum of compensation of Rs.50,000/- to the complainant for suffering from mental agony and dedficiency in service on the part of the O.P.
That the case was filed on 13.01.2023. The case was admitted on 27.06.2023. On 22.02.2023 the complainant appears and submits that they have received only the copy of the notice. The complainant was directed to serve copy of complaint along with all annexures to the OP. On 04.04.2023, Ld. Lawyer of the complainant is present and files an application, showing service of copy of the petition of complaint to the OP Bank. On 17.04.2023, Ld. Lawyer of the complainant is present. The OP did not take any step by filing W/V and Vakalatnama. The statutory period for filing W/V is already expired. So the instant case do proceed ex-parte against the OP. On 31.05.2023 the complainant, in person is present along with his Ld. Advocate. The complainant, by filing a petition prays for treating his petition of complainant as evidence on affidavit. The prayer of the complainant is hereby allowed. On 27.06.2023 Ld. Layer of the complainant is present. Ld. Lawyer of the complainant, by filing a petition prays for treating his complaint petition as BNA. Heard, perused and considered. The prayer of the complainant is hereby allowed. Heard ex-parte argument of Ld. Lawyer in full. Accordingly, we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
After perusal of documents and papers, it appears that the complainant opened a bank account, being No.01990100014724 in 1988. On 23.07.2021, the complainant opened another bank account being No.01990110145098. As the complainant is an account holder, he is a consumer u/s 2(7) of Consumer Protection Act, 2019. It appears that the first point is decided in favour of the complainant.
Point No:2 :
The complainant made several transactions through his deposits in the OP, Bank. The complainant opened account in 1988, by putting his short signature. In the year 2021, he opened another account by putting his full signature. The complainant faced a severe problem. The complainant could not withdraw money by putting his full signature, as it was recorded in the new account. As per verbal instructions of the OP Bank, the complainant put full signature on some cheques which got bounced. On 07.08.2021, 05.02.2022, 15.03.2022, 16.03.2022 and 18.03.2022. As a result a penalty-charge of Rs.2,251/- was deducted from his account. The remark of the O.P. Bank shows that the signature was different. These two accounts were opened in the OP Bank, i.e. UCO Bank, Baruipur Branch. The complainant used full signature for withdrawal of money, because he opened an account by putting his full signature. There was also a verbal instruction of the OP bank that he can withdraw money by using his full signature. By using the instructions the complainant issued cheques which were bounced and as penalty charge was levied to the complainant, an amount of Rs.2,251/- was deducted from the complainant’s account, for which he was not prepared. The complainant should have been given proper instruction. This is due to deficiency in service adopted by the OP, the complainant’s cheques were bounced. Hence the 2nd point is decided in favour of the complainant.
Point No.03 :-
The complainant had two bank accounts lying at the UCO Bank, but the complainant is unable to issue cheques. The cheques which were issued by the complainant were bounced. The complainant could not issue cheques to Bank, LIC and NSC. The photocopy of the passbook showed that the aforesaid amount was deducted, from the complainant’s bank. The complainant will have to pay penalty. It was due to the instruction of the OP bank, that the complainant used full signature. The e.mail shows that the NIC has instructed the complainant to give Rs.236/- which was deducted from the complainant. It was due to wrong trade practice adopted by the OP that the complainant faced such inconvenience and he spends time in mental agony and pain. Hence he is entitled to get the relief as prayed for. In the e-mail, the zonal office of UCO Bank informs to follow, the bank’s instructions. But the complainant faced problem. So the 3rd point is decided in favour of the complainant and against the OP.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OP with cost of Rs.5,000/- (Rupees five thousand).
That the OP is directed to pay the penalty-amount of Rs.2,251/-(Rupees two thousand two hundred and fifty one) only with 9% interest w.e.f. 07.08.2021 till realization within 30 days from the date of this order.
That the OP is directed to pay compensation to the tune of Rs.5,000/- (Rs. five thousand) to the complainant for mental pain and agony suffered by the complainant and deficiency in service on the part of the O.P. within 30 days from the date of this order.
That the litigation cost of Rs.5,000/- (Rupees five thousand) is to be paid by the O.P. within 30 days from the date of this order.
That the complainant is at liberty to put the order into execution if the orders are not complied with within the stipulated period of 30 days.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website: www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
