Order-9.
Date-22/09/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant being a senior citizen aged about 75 years has a bank account in the OP’s bank being No.SB A/c. No.01190010770 later converted into A/c. No.56145052017 and the said bank account was transferred to the present branch from Surat Branch on application after the expiry of the service of the complainant at Municipal Institute of Medical Education & Research, Piplod, Surat – 395 007, Gujarat in the month of December, 2000. Complainant missed his ATM card of the OP Bank supplied to the complainant for which he applied for scrapping and cancelling of the bank ATM card on or about 16-08-2007. As the OP bank had the habit of not giving any receipt for submission of any applications, the complainant sent such application Under Certificate of Posting and or by speed post.
Complainant also applied for issuance of duplicate of pass book the account on or about 12-03-2009 addressing the OP Bank.
Subsequently, it was observed that the OP Bank was negligent on scrapping/cancellation of the aforesaid ATM card supplied to the complainant and that the full entry, in the duplicate pass book, since it had been transferred to the OP bank was not made on repeated requests. Most interesting factor is that complainant presented a self cheque being No.741607 for Rs.1,000/- in the cash counter of the OP Bank but they did not pay the amount on 04-04-2013 and dishonoured the cheque.
On reporting the same on 04-06-21015 the Chief Bank Manager of the OP insulted the complainant and abused him saying him to do anything outside his chamber. He was then not customer friendly. Subsequently, on 25-06-2013 complainant went to the chamber of the Bank Manager of the OP in order to submit some documents relating to KYC matter. Unfortunately he denied to receive the same forgetting that such refusal amounted to negative service to the complainant. Even the bank manager concerned did not help the complainant in the matter of encashment of the aforesaid cheque dated 04-06-2013 on 25-06-2013 as well. Subsequently, complainant made an application before the Chief Bank Manager of the OP by a letter dated 01-07-2013 sent by Speed Post on 05-07-2013 and thereafter, from RTI answers it is found that last balance of the complainant in the OP Bank is Rs.5,218-95. In the duplicate pass book issued subsequently full entry of complainant’s transaction was not made. ATM card supplied to the complainant by the OP Bank was not made scrapped/cancelled but ATM annual fee has been deducted and continued to be deducted from the complainant’s account which causes mental pain and sufferings for above inhuman act and for deficiency and negligent manner of service complainant filed this complaint being a senior citizen aged about 75 years and prayed for redressal.
Fact remains notice was tendered to the OP by speed post but OP refused to accept the notice initially but subsequently it was delivered to the OP on 27-07-2015. Thereafter, OP did not turn up before this Forum or appear or to contest or challenge the case of the complainant. In the above circumstances, the case is finally closed for ex parte hearing and judgment.
Decision with Reasons
On careful consideration of the entire materials on record and after considering the complaint including the documents it is clear that complainant is now aged about 75/76 years and no doubt he is well qualified but his grievance is that the present account was transferred from Surat Branch because he was a service holder of Municipal Institute of Medical Education & Research, Piplod, Surat and on his retirement his account was transferred in the month of December, 2000 and after transfer complainant reported that his ATM card is missing for which he applied for scrapping or cancelling the ATM card on 16-08-2007 but no response was made by the OP but it was not cancelled and similarly complainant applied for duplicate pass book on or about 12-03-2009 to the OP but OP Bank neither issued any duplicate pass book nor cancelled the ATM card and did not report anything. Further fact is that complainant submitted a cheque being No.741607 for Rs.1,000/- for encashment on 04-04-2013 but that was dishonoured. Subsequently, complainant reported the matter to Chief Account Manager on 04-06-2013 but he was abused by said Manager, he again went to Bank Manager on 25-06-2013 regarding KYC etc. but Branch Manager did not help the complainant in this matter. Thereafter, complainant made a complaint before the Chief Manager of the OP Bank by letter dated 01-07-2013 sent by speed post on 05-07-2013 but duplicate pass book was not issued , no information is given about cancellation of the ATM card or about the dishonour of cheque dated 04-06-2013.
Fact remains complainant made application to the OP Bank no doubt and that was sent by under certificate of posting on 16-08-2007 and on 13-03-2009 by speed post also on 12-03-2009 by speed post and letter dated 16-08-2007 was under certificate of posting but peculiar factor is that no reply was given by the OPs. It is further found that for long years OP Bank did not attend the customer, i.e. consumer what is evident from the letter of the OP dated 09-02-2001. It is found that complainant’s account was opened being No.01190010770 but even then the consumer was not entertained even after receipt of all those letters and such a conduct on the part of the OP is tantamounts to negligence and deficiency, at the same time the attitude and the manner of the administration of the OP Bank is found completely negative and not expected from any such behaviour from any sensitive administration on the part of the corporate institution but in this case it is proved that complainant when failed to get any relief he sent an application dated 01-07-2013 by speed post for some information and that was received by SBI, Brabourne Road Branch on 06-07-2013 but in that reply everything is incomplete and reported the complainant to file appeal before appellate authority and before the Regional Manager. No doubt, such a reply is not complete and they told the complainant to file appeal then it is clear that entire bank administration is not willing to give any proper service to the complainant for which they hackled the complainant in so many manners and asked the complainant to go before the Appellate Authority and this the is customer care of the OP.
No doubt OP SBI Bank is already punished by this Forum for their unfair trade practice and the SBI Bank went up the National Commission wherefrom they got same result and ultimately compelled to deposit Rs.25,000/- as penalty for adopting unfair trade practice in the Execution Case No.EA/121/2015. (Original Case No.215 of 2012).
It is another glaring instance on the part of the SBI to harass a senior citizen doctor in such a manner then it is clear that SBI authority is very much interested to gossip with the industrial, commercial and business men customer for their own benefit not for benefit of the bank and they are very much reluctant to entertain the grievance of the general customers and for which in the present case they refused to attend such an old and aged person and asked him to appear before the Appellate Authority for information and invariably for such act bank manager and regional manager should be punished first. No doubt they are in the cold chamber but they do not know that their salaries are paid from the public money. If consumers close their accounts the bank shall be closed automatically. Fact remains the conduct of the bank officers and staff is neither human nor social but the human attitude of the Bank officer and staff authority must be shown at first to the consumers because consumer right is also part of human right.
Not only that Smt. V.R. Iyre, Chairman and Managing Director of Bank of India already reminded all the bankers to upheld the customer service and emphasis upon customer protection and also need of dedication and devotion on the part of the bank staff and officers to provide effective service to the customer and she has also noted very specifically in her lecture that the bank employee must not be whimsical but the cordial to the customer for providing proper service. Same is the version of K.R. Kamath, Chairman and Managing Director of Punjan National Bank and he was also the Chairman of Indian Bank Association and in his delivery of lecture he has also specifically mentioned that bankers must equip themselves with updated knowledge of customers’ right and also bankers’ obligation. Bank’s staff and officers must be very dedicated for giving all sorts of services to all type of customers and depositors. He has also pointed out that carrier of a bank clerk or officer shall be based on rendering proper services to the customer without considering the customer status in the bank and if this theorization is followed in that case invariably the position of the banks shall be same in the end of the customers because customers are the capital of the banking institution but not the employees.
Last message of T.Y. Prabhu who started his carrier as a Bank clerk and completed as Chairman-cum-Managing Director and he has specifically advised the banking institution and their employees to be more cordial and to be more devoted in giving answers to give proper service to the customer without considering the status of the customer whether he is small depositors or a commercial or industrial depositor but we have gathered that in the present case this bank officers never went through such books or never relied upon such advice of all the highest authorities of the different banking institution. They are only dedicated for raising their salary and for increasing holidays for which they are united but they are not united in the rendering and providing faithful services to the general consumers and no doubt the present situation of the Bank is very alarming and no doubt they repeatedly dishonoured the compliant who has not got proper service from the OPs for which we are confirmed that it is an exceptional case for which we can say without hesitation that the entire conduct on the part of the OP is inhuman and practically as bank officer and employee they ought to have show their humanity to the very old person having his status as a doctor but that was completely brushed aside by the OPs and most interesting factor is that notice was served upon them but they did not care to say something or to pray for any apology and in such a situation we find that compensation should be awarded against the OP for causing harassment to highly educated consumer at this age of 75/76 and no doubt their negligent, deficient manner of service and at the same time their attitude to harass the old customers is well proved for which this complaint succeeds.
Hence,
Ordered
That the case be and the same is allowed on ex parte with a cost of Rs.5,000/- against the OP.
OP is hereby directed to pay a compensation of Rs.10,000/- to the complainant for causing harassment to the complainant in such a manner and also for not giving and rendering any proper service to the customer and further for not giving adequate relief in respect of his grievance what he submitted in writing to the OP.
Further OP is directed to clear all the matters related to the grievance of the complainant regarding cancelling the ATM card and hand over the duplicate pass book and at the same time submit an apology letter to the complainant for their ill behaviour to the complainant in such a manner and make this complainant free from all mental pain and agony by updating his all matters related to his bank account No.56145052017 and cancelling ATM Card and the entire matter and decree shall be complied by the OP within one month from the date of this order failing which for non-compliance of the Forum’s order OP shall have to pay penal damages at the rate ofRs.100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
