BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Rajinder Kaur w/o Bhupinder Singh Moondi, r/o 3 Allenhead Crescent, Brampton, Ontario, Canada, through Ms.Komal Deep Kaur Moondi being General Power of Attorney and resident of 176/46-A, Chandigarh, India. 

.…Complainant

                                V E R S U S

1.     Central Bank of India, SCO 64, Sector 32-C, Branch Code:3198, Chandigarh through its Manager.

2.     Mr.H.S.Vedi, Manager, Central Bank of India, Sector 32-C, Chandigarh.  

..…Opposite Parties

CORAM:    SH.P.D.GOEL, PRESIDENT

                SH.RAJINDER SINGH GILL, MEMBER

                DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

Argued by: Ms.Komal Deep Kaur Moondi, GPA of Complainant.

Sh.Mohinder Singh, Counsel for OPs.

PER RAJINDER SINGH GILL, MEMBER

               Briefly stated, the complainant, having Saving Bank Account with OP No.1, opened an NRI Account with OP Bank, for remitting funds from Canada for the tuition fee of her daughter, studying in India.  

                It is averred that complainant gave post dated cheques to her daughter for meeting her expenses. It is also averred that the Branch Manager of the OP Bank supplied the Bank Statement of Saving Account as well as banking codes instead of NRI Account. Thereafter, the complainant remitted the funds of $5000.00, from Canada, in her account with OP Bank, but her daughter was told that the account number, in which the funds were remitted, was incorrect being Saving Account whereas the amount should have been remitted in the NRE Account. The OP bank did not accept the funds in the Saving Account.

                It is pleaded that complainant had opened the NRE account to avoid any difficult to her daughter in receiving the money to meet her other expenses, but due to non-availability of funds, the complainant as well as her daughter in India, suffered a lot of harassment, embarrassment as well as financial loss.  Hence, this complaint.

2]             The OPs filed reply and admitted that the complainant was having two accounts in their branch, one is saving and another is NRE account. It is stated that the complainant was well aware that the NRE Account was opened to deposit the foreign currency, but she, with her own negligence, deposited the foreign currency in saving account, which was never credited, so her daughter could not get the money. It is also stated that it was the negligence of the complainant in depositing the amount in a wrong account. Rest of the allegations have been denied with a prayer to dismiss the complaint.

3]             Parties led evidence in support of their contentions.

4]             We have heard the GPA of complainant and learned counsel for OPs and have also perused the record. 

5]             Undisputedly, the amount of $5000 was deposited by the complainant herself, from Canada, in her account with OP Bank, but the same could not be remitted in her NRE Account as a result her daughter had to face lot of difficulty.

6]             The allegation of the complainant that she deposited the amount as per the account number supplied by OP Bank is wrong & baseless.  When, the complainant is maintaining two accounts with OP Bank, one is saving account and another NRE account; she should have deposited the amount, in the respective accounts, after properly verifying the account number.  The complainant herself was negligent in depositing the amount in her saving account instead of NRE Account.  Thus, the complainant is estopped by her own act & conduct.  She cannot not allege any deficiency on the part of OP Bank for non-remitting the amount in her NRE account, especially when the same was deposited by herself mentioning the saving bank account.

7]             In view of the above discussion, we are of the view that the complaint is without any merits.  The same is accordingly dismissed with no order as to costs.

                Certified copies of this order be sent to the parties free of cost.  The file be consigned.