Haryana

Yamunanagar

CC/141/2014

Rohit Goel S/o Vishnu Goel - Complainant(s)

Versus

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

Surinder Kumar Ahuja

11 Jul 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR.

 

                                                                                                Complaint No. 141 of 2014

                                                                                                Date of institution: 07.03.2014 

                                                                                                Date of decision: 11.07.2017

 

Rohit Goel aged about 26 years son of Shri Vishnu Goel Resident of House No.2441/B Civil Lines, Jagadhri, District Yamuna Nagar, Haryana.

 

 …Complainant.

 

                                    Versus

1. Chief Manager, Punjab National Bank, Khera Bazar, Jagadhri, District Yamuna Nagar, Haryana.
2. The Regional Manager, Punjab, National Bank, Regional Office, Sector-17, Chandigarh.
3. Punjab National Bank, Head Office, Bhikaji Cama Place, New Delhi through its Chairman.                                                                                                                                                                                                                                  

                                                                                               …Respondents

           

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

                        SMT. VEENA RANI SHEOKAND…..…… MEMBER

 

Present:           Shri Surinder Ahuja , Advocate for complainant.

                       Shri Parmod Gupta, Advocate for OPs.

 

ORDER (ASHOK KUMAR GARG, PRESIDENT)

 

1.                     The present complaint has been filed under Section 12 of the Consumer Protection Act. 1986 against the respondent (hereinafter referred as OPs).

2.                     Brief facts, as alleged in the complaint, are that complainant had the saving account bearing No.0219000100547018 which was opened on 12.08.2011 with the OP No.3 Bank. The complainant was in need of money so he went to the Bank in the month of March, 2013 to withdraw a sum of Rs.5000/- from his account and submitted the withdrawal Form/Cheque but the Bank official of the OP No.1 denied to honour the withdraw form/cheque saying that you have no funds in your account. Upon which, complainant was surprised to find that there was sufficient balance in his saving account, then where that amount has gone. After that, the complainant inquired from the OP No.1 but the OP No.1 did not reply to the inquiry. After that, finding no alternate the complainant gave a written letter to the OP No.1, however, the OP No.1 did not take any action in this matter. The complainant went to the OP Bank 2 -3 times to inquire about Rs.5200/- but the OP No.1did not give any satisfactory reply except the version that this amount might have been withdrawn by him and there is no balance in his account. The OPs has pre-intention to cheat the complainant and with the intention to grab the money from the complainant, the OPs has withdrawn or transferred this amount from the account of the complainant and had played a fraud upon the complainant as such there was deficiency in service and unfair trade practice on the part of the OPs and lastly prayed for directing the OPs to return the mount of Rs.5200/- along with interest and also to pay compensation as well as litigation expenses.

3.                     In support of his case, learned counsel for the complainant tendered into evidence short affidavit of the complainant as Annexure CW/A, photocopy of letter dated 01.04.2013 as Annexure C-1, photocopy of passbook bearing account No. 0219000100547018 as Annexure C-2 and closed the evidence on  behalf of complainant.

4.                     Upon  notice, OPs Bank appeared and filed its written statement jointly taking some preliminary objections such as complainant has no locus standi to file the present complaint; complaint is not maintainable; present complaint is bad for non-joinder and mis-joinder of necessary parties the complainant has not come to the forum with clean hands and has concealed the true facts and on merit it has been submitted that complainant was having saving account bearing No. 0219000100547018 and the same was open 12.08.2011 with the initial deposit of Rs.2500/- however, on the instructions of the complainant, one more account No. 0219000100557121 was opened on 27.09.2012 and the balance amount of Rs.5207/- which was in the account No. 0219000100547018 was transferred in new account No. 0219000100557121  and there was no balance remained opening since 27.09.2012 onwards and on the instructions of the complainant, the new account No. 557121 was closed on 29.03.2013 and balance amount of Rs.5311/- was transferred in old account No. 0219000100547018 to the complainant and as such 29.03.2013 there was a balance amount of Rs.5446/- in the saving bank account under dispute. However, it is to make clear that there was transaction from 27.09.2012 to 29.03.2013 in the said account and as such to say that the complainant was not aware of the balance amount is a total lie. It seems that the complainant might have come withdrawal  form (though denied) in between 27.09.2012 to 29.03.2013 and there was no sufficient balance of Rs.5000/- in the said amount during this period and as such contention raised by the complainant is not correct. Further, it has been admitted that the complaint was given by the complainant on 01.04.2013, but he was immediately shown his both account and there was satisfied that there was no sufficient amount in his account before 29.03.2013 and this is reason he has not given exact date of March, 2013 on which he went to the Bank for withdrawal and it shows the malafide intention of the complainant. Further it has been mentioned that the present complaint has been filed out of grudge because the OP Bank has initiated proceeding against his father Vishnu Goel and his firm M/s Classic Collection, Jagadhri. Lastly prayed for dismissal of the complaint as there was no deficiency in service or unfair trade practice on the part of the OP Bank.

5.                     In support of his case learned counsel for the OPs Bank tendered into evidence short affidavit of Shri VK Julka, Chief Manager, PNB as Annexure RA, attested photocopy of account opening form as Annexure R-1 and R-2, photocopy of Voter ID Card as Annexure R-3, photocopy of account statement with effect from 12.08.2011 to 09.10.2016 as Annexure R-4, photocopy of ration card as Annexure R-5, photocopy of transaction voucher amounting Rs.5311/- dated 29.03.2013 as Annexure R-6, photocopy of account ledger inquiry of account No. 0219000100557121 as Annexure R-7, and closed the evidence on behalf of OPs Bank.

6.                     We have heard the learned counsel for parties and have gone through the pleadings as well as documents placed on the file very carefully and minutely.

7.                     The only grievance of the complainant is that when in the month of March, 2013, he went to the bank to withdraw a sum of Rs.5000/- from his saving account bearing No.547018 and submitted the withdrawal form/cheque, but the official of the Bank denied to honour the same. Whereas there was sufficient amount of Rs.5200/- in his saving account, which constitutes the deficiency in service and unfair trade practice on the part of the OPs Bank. Further, the complainant has alleged in his complaint in Para No.10 that the official of the OPs had pre-intention to cheat the complainant and with intention to grab the money from the complainant, they have played fraud upon the complainant. But this plea of the complainant is not tenable, as the complainant has totally failed to disclose in his complaint that on what particular date he went to the bank to withdraw the amount of Rs.5000/- as alleged in the complaint. Moreover, the complainant has also not placed on file any that withdrawal voucher or cheque which was submitted to the official of the OPs Bank . The complainant has mentioned in his Para No.6 that he submitted Form/cheque meaning thereby that, complainant is not aware that whether he submitted the withdrawal form or cheque. As both the documents have separate identity, so the version of the complainant seems not genuine. Even, on other angle also, from the perusal of account statement placed on file by the OP Bank (Annexure R-4), it is duly evident that there was no sufficient fund in the saving account bearing No.547018 of the complainant with effect from 27.09.2012 till 29.03.2013. Further, as per version of the OPs Bank the amount of Rs.5207/- was transferred by the OP bank to the another account bearing no. 0219000100557121 on 27.09.2012 as per instruction of the complainant and balance in the saving account bearing No. 547018 became ZERO and after that till 29.03.2013 there was no sufficient balance in the account of the complainant. No rejoinder of the written statement controverting the version of the OPs that amount Rs.5207/- was not transferred in his another account bearing No. 0219000100557121, has been filed by the complainant and in the absence of any cogent evidence, we are of the considered view that the complainant has totally failed to prove his case that there was any deficiency in service or unfair trade practice on the part of the OPs Bank. Moreover, the complainant has leveled the allegation of fraud and cheating in the present complaint, so the present complaint is also not maintainable before this Fora.

8.                     Resultantly, we are of the considered view that there is no merit in present complaint and the same is hereby dismissed with no order as to cost. Copies of this order be supplied to the parties free of cost as per rules. File be consigned to the record room after due compliance.

Pronounced in open court.                                          (ASHOK KUMAR GARG),

Dated: 11.07.2017.                                                     PRESIDENT, DCDRF

                                                                                  YAMUNA NAGAR AT JAGADHRI

                       

 

            (VEENA RANI SHEOKAND)                  (S.C. SHARMA)

            MEMBER                                                  MEMBER