Complainant Sardool Singh being the authorized person/member of Adarsh Sewa Welfare Society has filed the instant complaint u/s 12 of the Consumer Protection Act against the opposite parties and praying that opposite parties may kindly be directed to credit Rs.5965/- in the saving account of complainant society which was illegally deducted by them. Opposite parties may kindly be further directed to pay Rs.50,000/- as compensation as mental pain, agony and litigation expenses etc. in the interest of justice. 

2.       The case of the complainant in brief is that complainant is a registered society under the name and style of Adarsh Sewa Welfare Society (regd) having its office at Krishna Street No.2, Dhariwal, Tehsil and  District Gurdaspur and Sardool Singh was the member/authorized person of said society and was fully conversant with the facts of the case. It was pleaded that complainant society was having saving account No.915010026670317 with the opposite parties. It was further pleaded that complainant was astonished when he came to know regarding the deduction of Rs.5615/- on 21.01.2017 and Rs.350/- on 18.02.2017 by the opposite parties and after that complainant approached the opposite parties many times to enquire about the said deduction but they did not given any satisfactory reply to him and all in vain. Complainant again approached to opposite party No.2 to inquire about the illegal deduction of amount in saving account but opposite party No.2 instead of giving any detail of deduction, misbehaved with the complainant and pushed him from the bank forcibly. This act of the opposite parties was illegal and there was clear cut deficiency in service and trade practice on the part of the opposite parties. It was also pleaded that complainant and other society members requested the opposite parties many times to credit the illegal deduction in the saving account but they refused, hence this complaint.

3.       Upon notice opposite parties appeared through their counsel and filed their written reply by taking the preliminary objections that complaint is not maintainable in the present form, complainant is not consumer of opposite parties and complaint is liable to be dismissed on this score and complainant is guilty of concealment of true facts from the Ld. Forum/Commission and is not entitled to any relief. On merits, it was stated that the deduction of Rs.5615/- and Rs.350/- was done as charges of presentation of cheques as the nine cheques issued by the complainant which were presented i.e. two on 02.12.2016, two on 05.12.2016, two on 08.12.2016, two on 12.12.2016 and one on 06.01.2017 and the same were returned by the bank and charges of Rs.350/- were deducted as the fee for return of first cheque was Rs.350/- and fee for return of second and onwards cheques was  Rs.750/- each which comes to Rs.6000/-and total amount of charges comes to Rs.6350/- and the charges for return of cheques were deducted as per tariff structure of the bank. It was further stated that opposite parties are the officials of the bank and working as per the rules of the bank. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with cost.     

4.       In order to prove the case, counsel for the complainant has tendered into evidence affidavit of Sardool Singh authorized person Ex.CW1/A, affidavit of Sh.Santokh Singh Secretary Ex.CW2/A, copy of certificate of registration of societies Ex.C1, authority letter Ex.C2 and copy of pass book Ex.C3 and closed the evidence on behalf of complainant.

5.       On the other hand counsel for the opposite parties has tendered into evidence affidavit of Deepti Aggarwal Branch Head Ex.OPW-1/A alongwith copies of documents Ex.OP-1 to Ex.OP-7 and closed the evidence on behalf of opposite parties.      

6.       Written arguments not filed by both the parties.

7.       We have carefully examined all the documents/evidence produced on record for its contained statutory merit and have also judiciously considered and perused the arguments duly put forth by the learned counsels along with the incidental scope of adverse inference for some of the documents that have been somehow ignored to be produced by the contesting litigants.

8.       As narrated above it has been alleged by the complainant that opposite parties have deducted Rs.5615/- from their bank account illegally without any information. Complainant has placed on record a copy of bank statement as Ex.C3 in this context.

9.       Opposite parties in their written reply stated that these deductions have been made as per rules of the bank on account of fee for return of nine numbers cheques presented by the complainant on various dates i.e. on 02.12.2016, 5.12.2016, 08.12.2016, 12.12.20216 and 06.01.2017. It has further been pleaded by the counsel for the opposite parties during the oral arguments that at present the complainant get the said bank account closed, moreover bank has also not been made party in this case.

10.     During the proceedings of the case counsel for the complainant has admitted the fact as stated in the statement of the opposite parties regarding return of cheques.

11.     In view of the above facts of the case, we are of considered opinion that deductions made by the opposite parties as per rules and regulations of the bank on account of return of various cheque of complainant are justified. Hence, there is no merit in the present complaint and the same is hereby dismissed with no order as to costs.  

12.      The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.      Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record. 

                               (Kiranjit Kaur Arora)

                                                                         President   

Announced:                                          (B.S.Matharu)

FEB. 07,2023                                                Member

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