DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No: 23/29.02.2008 Decided on : 30.1.2009 Baljinder Singh, Gagowal Street, Backside New Court Complex, Mansa, District Mansa. .....Complainant. VERSUS 1.Branch Manager, Centurion Bank of Punjab Limited, Water Works Road, Mansa, District Mansa. 2.Centurion Bank of Punjab Limited through its Director, S.C.O.No.46-47, Sector 9-D, Chandigarh. .....Opposite Parties. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh. Anil Seth,Advocate counsel for the complainant. Sh.P.K.Singla, Advocate counsel for the opposite parties. Quorum: Sh.P.S.Dhanoa, President. Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER:- Sh.P.S.Dhanoa, President. This complaint has been filed by, Sh. Baljinder Singh, Gagowal Street, Mansa, under Section 12 of the Consumer Protection Act, 1986 (in short called the 'Act'), for payment of compensation in the sum of Rs.1,500/-, to indemnify the complainant for the loss suffered by him, and a sum of Rs.50,000/-, for mental and physical harassment, and costs incurred for filing the complaint along with interest @ 18%. As per averments made in the complaint, the complainant is maintaining a saving bank Account No.122301000017160 with the OP No.1. at the time of Contd........2 : 2 : opening of the account, the complainant, was advised, by the opposite parties, to keep minimum balance, in his account, in the sum of Rs.1500/-. Thereafter, no transaction took place in his account upto 10.10.2007, before he deposited another sum of Rs.5500/-. The complainant, was under the impression that there is sufficient amount in his account, therefore, he issued cheque No.010731 dated 11.10.2007, drawn on his account, maintained with the OP No.1, in favour of the Punjab State Electricity Board (hereinafter called the 'board'), in the sum of Rs.5,426/-, for payment of amount of electricity bill. In the evening, officials of the board, came to his house and threatened, to disconnect his electric connection, for non payment of electric charges. The complainant informed them, that he has made the payment, of the amount, of the bill, drawn upon him vide cheque No.010731 dated 11.10.2007, but he was informed by the board on 19.10.2007, that cheque issued by him towards the payment of electric charges, has been dishonoured by his bankers. As such, legal process has been started for initiating legal proceedings against him, in the court of law . On being approached, officials of the OP No.1, informed the complainant, that his cheque, has been dishonoured, on 16.10.2007, due to insufficiency of funds, in his account. They further told him, that as per the existing instructions, an account holder, is required to keep minimum balance, in the sum of Rs.2500/-, in his account. It was also revealed that the OP No.1 has deducted a sum of Rs.1320/- between the period 1.4.2007 to 30.9.2007 because the complainant failed to keep the minimum balance in the sum of Rs.2500/- in his account . The officials of the opposite parties bank have thus practiced cheating and fraud. The officials of the opposite parties had also deducted a sum of Rs.225/- from the account of the complainant on account of dishonouring of his cheque when the same was presented for encashment by the board. As per the statement of account supplied to the complainant by the OP No.1, on 19.10.2007, an amount of Rs.6194/- was shown as credit whereas he had Contd........3 : 3 : issued the cheque in favour of the board in the sum of Rs.5,426/-, as such, there is deficiency in service on the part of the opposite parties and they have deducted the amount without the consent of the complainant and conveying him intimation of requirement of keeping minimum balance at enhanced rate. The complainant has been humiliated due to the arbitrary act on the part of the opposite parties for dishonouring of his cheque by illegal deduction of amount, as such, he is entitled to payment of compensation and costs, as prayed for. As the opposite parties, have failed to remove the grievance of the complainant inspite of approaching several times, hence this complaint. On being put to notice, the opposite parties filed their written version, resisting the complaint, by taking preliminary objections; that the complainant, is not the 'consumer' within the ambit of its definition given in the Act; that it is bad for non joiner and mis joinder of necessary parties; that complainant has alleged practicing of fraud and breach of agreement on the part of the opposite parties, as such, this Forum has no jurisdiction to entertain and try the complaint especially when intricate questions of law and facts are involved and parties need to lead elaborate evidence and that complaint being false and vexatious, is liable to be dismissed with compensatory costs, in the sum of Rs.10,000/-. On merits, it is admitted that the complainant is maintaining saving bank account with Opposite party No.1 and at the time of opening of account, minimum balance was required to be kept by him in the sum of Rs.1500/-, as per the instructions, on the subject at that time. However, the above said limit was lateron enhanced to Rs.2500/- and to this affect notice was displayed on the notice board installed outside the gate of OP No.1 and account holder has been informed about this. It is admitted that complainant did not make any transaction in his account till 10.10.2007 and an amount of Rs.1320/- was deducted from his account @ Rs.660/- per quarter for a period of six months. It is submitted that when cheque was presented for encashment, Contd........4 : 4 : balance in the account of the complainant was not sufficient, as such, the same was dishonoured and returned to the board and the opposite parties deducted a sum of Rs.225/- on that score from the account of the complainant. It is contended that an account holder is supposed to be conscious about the balance in his account, but the complainant was negligent in keeping minimum balance of Rs.2500/- in his account, but he even did not bother to verify the balance in his account. It is also submitted that terms and conditions are printed in the pass books issued to the account holders and that amount of Rs.1320/- was credited again in the account of the complainant by the OP No.1 on 10.11.2007. As such, there is no deficiency in service or negligence on the part of the opposite parties. It is denied that officials of the opposite parties bank had ever practiced any fraud or cheating. On being called upon by this Forum, to do so, the counsel for the complainant tendered in evidence affidavits of the complainant and his brother Sh.Satpal Monga , Exhibits C-1 and C-11 and also tendered in evidence copies of documents Ext.C-2 to C-10 before he closed his evidence. On the other hand, learned counsel for the opposite parties has tendered in evidence, affidavit of Sh.Amrinder Singh, officer of OP Bank Ext.OP-1 and copy of statement of account of the complainant Ext. OP-2 and closed evidence, on their behalf. We have heard the learned counsel for the parties and gone through the oral and documentary evidence, adduced on record, by them, carefully, with their kind assistance. Learned counsel for the complainant Sh.Anil Seth, Advocate has, submitted that in their written version, the opposite parties have admitted that at the time of opening of account by the complainant, he was required to maintain minimum balance in his account in the sum of Rs.1500/- and the said limit was enhanced subsequently. Learned counsel argued that opposite parties have neither taken any plea nor brought on Contd........5 : 5 : record any documentary proof vide which intimation of enhancement of minimum balance by an account holder in his account was ever conveyed to the complainant. Learned counsel argued that the opposite parties have illegally deducted the amount of Rs.1320/- from the account of the complainant because of which cheque issued by him in favour of the board for payment of electric charges have been dishonoured and they have deducted an amount of Rs.225/- also on that score. Learned counsel has contended that the opposite parties have credited a sum of Rs.1320/- after the complainant served notice upon them, but by that time, he had suffered humiliation and harassment due to dishonouring of the cheque, as such, they have no option but to pay him compensation and costs as prayed for in the complaint, alongwith interest @ 18% per annum. On the other hand, learned counsel for the opposite parties, Sh. P.K.Singla, Advocate, has drawn our attention to a pamphlet issued by the opposite parties for information of the general public to the effect that a saving bank account holder as per prevalent instructions is required to maintain minimum balance in the sum of Rs.2500/- instead of Rs.1500/- and in case 'average quarterly balance' is less than the prescribed limit, then in Semi urban area, opposite parties can deduct the amount from his account at the rate of Rs.750/- per quarter. As per instructions provided in State Bank Account of the complainant Ext.C-2, a saving bank account holder, in semi urban and rural areas, was required to maintain minimum balance in the sum of Rs.1500/- and in case of his failure to do so, then the opposite parties are entitled to charge a sum of Rs.25/- per month on half yearly basis. Learned counsel has further argued that information regarding change in instructions had been displayed on the notice board by the OP No.1, as such, every account holder is supposed to be conversant with them. Learned counsel has argued that complainant did not bother to verify his account for a considerable time, as such, he could not be given advantage of his own omission, but taking a lenient view, the amount Contd........6 : 6 : deducted from his account has been again credited in his account. Learned counsel argued that cheque issued in favour of the board by the complainant has not been dishonoured due to any deficiency in service or negligence on the part of the officials of the opposite parties, as such, they have no liability to pay any amount on account of compensation and costs, as demanded by the complainant. Learned counsel has urged that complaint, being false and vexatious, is liable to be dismissed with compensatory costs. We do not find merit in the argument advanced by the learned counsel for the opposite parties because as per the admitted facts at the time of opening of account by the complainant, limit for maintaining minimum balance as per rules on the subject was Rs.1500/-, but the said limit was enhanced to Rs.2500/- subsequently. The opposite parties have not taken any plea in the written version that intimation regarding change in the instructions about the enhanced limit for maintaining minimum balance by the account holders in their accounts was conveyed in writing to the complainant. It is not denied by them, that the complainant did not operate his account upto 10.10.2007. As such, presumption cannot be drawn that complainant was aware of change in instructions on the subject, but he did not bother to keep minimum balance in his account. The opposite parties have themselves credited the amount of Rs.1320/- deducted from the account of the complainant on account of non maintenance of minimum balance as per enhanced limit. This fact is also evident from Ext.OP-2, i.e. copies of entries made in the statement of accounts produced on record by the opposite parties. The further perusal of this document goes to show that the complainant has deposited a sum of Rs.5500/- in cash on 10.10.2007 in his account in addition to Rs.1500/- already deposited by him. He had issued cheque No.010731 dated 11.10.2007 Ext.C-1 in the sum of Rs.5426/- in favour of the board for payment of electric charges. The said cheque has been dishonoured by OP Contd........7 : 7 : No.1 on 16.10.2007 and they have deducted a sum of Rs.225/- from his account on the ground of 'insufficiency of funds'. The opposite parties have deducted a sum of Rs.1320/- by making two entries in the account of the complainant without giving any cogent reason for the period 1.4.2007 to 30.6.2007 and 1.7.2007 to 30.9.2007 and the said amount has been credited in his account again by making two entries on 10.11.2007 in the sum of Rs.660/- each on the basis of legal notice Ext.C-4 dated 22.10.2007 received from the complainant. Except the above said entries, there is no entry in the statement of account between 10.10.2007 and 10.11.2007. In case the amount was not deducted without knowledge and consent of the complainant from his account, then there was no occasion for dishonouring of the cheque issued by him in favour of the board on the ground of insufficiency of funds. The above said facts clearly demonstrate deficiency in service on the part of the opposite parties. The factum of dishonouring of the cheque is proved from the entries made in the statement of account and not disputed by the opposite parties . The complainant has produced on record copy of letter 'Ext.C-3 received from the board, informing him that the cheque issued by him has been dishonoured by his bankers due to insufficiency of funds in his account, as such, he shall have to deposit a sum of Rs.5466/- alongwith surcharge in the sum of Rs.75/-, failing which criminal case may be got registered against him. He has also produced on record copy of legal notice Ext.C-4 served upon the opposite parties and postal receipts Ext.C-5 and C-6, showing delivery of the postal cover containing registered cover thereof in the Post office. The contents of the affidavit of the complainant are corroborated by the affidavit of his brother, Ext.C-11. As such, it is a fit case for grant of compensation on account of physical and mental harassment suffered by the complainant due to arbitrary act of the officials of the opposite parties and deduction of the amount from his account. The complainant also deserves to be compensated for the amounts spent by him for filing of the instant Contd........8 : 8 : complaint alongwith interest at the rate of 9 per cent per annum from the date of filing of the complaint. For the aforesaid reasons, we accept the complaint and direct the opposite parties, to pay a sum of Rs.2000/-, to the complainant on account of compensation for physical and mental harassment . The opposite parties are also burdened, in the sum of Rs.1,000/-, on account of costs, incurred by the complainant for filing of instant complaint. The compliance of this order be made within a period of two months from the date of receipt of the copy of the order, failing which the complainant shall be entitled to payment of interest, at the rate of 9 percent per annum, after the expiry of stipulated period, till the date of actual payment. 13. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. File be indexed and consigned to record. Pronounced: 30.01.2009 Neena Rani Gupta, Sarat Chander, P.S.Dhanoa, Member. Member. President.
