Orissa

Cuttak

CC/68/2019

Susanta Kumar Mishra - Complainant(s)

Versus

Branch Manager,Punjab National Bank - Opp.Party(s)

Self

08 Apr 2022

ORDER

                                                               

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                C.C.No.68/2019

                                Mr. Susanta Kumar Mishra,

S/O:Rabindra Nath Mishra,

From Rajabagicha Labour Colony,

Qr. No.G/6.P.O:Tala Telenga Bazar,

P.S:Badambadi,Ciuttack-753009.                                                        ... Complainant.

 

                                                Vrs.

Branch Manager,

Punjab National Bank,Samaj Branch,

At/P.O:Buxibazar,Cuttack,Orissa.... Opp. Party.

 

Present:               Sri Debasis Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:  19.06.2019

Date of Order: 08.04.2022

 

For the complainant: Self.

For the O.P                 : Mr. A.K.Dwivedy,Adv. & Associates.

 

Sri Debasish Nayak,President.

            The case record is put up today for orders.

The case of the complainant in short is that he has a Savings Account bearing No.3217011500000462 in the branch of the O.P  The O.P without any information had deducted service charges from the account of the complainant in every year with effect from 1.6.2015 to 23.5.2019 @ Rs.342/-.  Thus the total service charges deducted from the account of the complainant by the O.P is Rs.1710/- as a PMJJBY.  In spite of the request of the complainant the Branch Manager of O.P had refused to resolve the dispute for which the complainant has approached this Commission with a prayer for refund of the deducted amount along with a compensation of Rs.1,00,000/- for deficiency in service, mental agony and harassment suffered along with litigation fees.

2.         On the other hand the O.P has contested this case and has filed written version.  As per the prayer of the O.P, the complaint petition is liable to be dismissed being not maintainable.  The complainant has not approached this Commission with clean hands, so there is no deficiency of service on the part of O.P.  As per the version of the O.P.,the complainant has a Savings Bank Account bearing No. 3217011500000462.  On 29.5.2015 the complainant had executed “consent-cum-declaration form” authorizing the O.P bank to deduct an amount of Rs.12/- towards health insurance premium against the insured amount of Rs.2,00,000/-.  As per the said consent-cum-declaration form the O.P bank was authorised by the complainant to deduct a premium amount of Rs.330/- per annum against the insurance amount of Rs.2,00,000/- of policy.  Thus in the year 2015 a sum of Rs.12,332/- was deducted from the account of the complainant by the O.P bank.  It is further contention of the O.P that the complainant has never approached the O.P bank that the complainant has never approached the O.P bank for termination of his membership from the scheme of PMJJBY nor had given any instruction for withdrawal of himself from the said two schemes in between 2015 to 2019.  Ultimately the O.P bank had cancelled the membership of the complainant from the said scheme on 16.7.2019.  As such, the O.P has prayed for dismissing the complaint petition with cost.

3.         Keeping the averments in the complaint petition as well as the written version, the following issues are required to be answered.

a.         Whether the complaint case is maintainable or not?

b.         Whether the complainant is entitled to the claim as made by him in the complaint petition?

4.         When it admitted that the complainant has S.B.Account in the O.P bank, it goes without saying that the complainant is a customer and thus a consumer as per the provisions of C.P.Act.  Accordingly this case is maintainable.

5.         The complainant alleges that there was deficiency in service and without his consent, the O.P bank had gone to the extent of deducting service charges @ Rs.342/- from his account for 5 years amounting to a total deduction of Rs.1710/-.  From the copies of the documents as filed it is noticed that by virtue of the consent-cum-declaration form duly executed by the complainant on 29.5.2015 clearly reflects about the authorisation given to the O.P bank.

 “I hereby authorize you to debit my Savings Bank Account with your Branch with Rs.330/-(Rupees Three Hundred Thirty Only) plus Service tax if applicable towards premium of life cover under PMJJBY.  I further authorize you to deduct in future after 25^th May and not later than on 1^st of June every year until further instructions, an amount of Rs.330/-(Rupees three hundred thirty only) and Service Tax if applicable or any amount as decided from time to time, which may be intimated immediately if and when revised, towards renewal of coverage under the scheme.”

As such it can never been said that there was any deficiency in service made by the O.P bank to the complainant in this case.  Hence the allegation that the complainant suffered mental agony and harassment due to the deficiency of service of the O.P bank do not hold good in this case.  Accordingly this issue is answered in the negative.

 

 

                                                ORDER

As per the evidence available in record, it is directed that the case is dismissed and as regards facts and circumstances, no cost is awarded.

Order pronounced in the open Court on this the 8^th day of April,2022 under the seal and signature of this Commission.

 

                                                                                                                Sri Debasish Nayak

                                                                                                                         President

.

 

                                                                                                                              

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.