PER:
Charanjit Singh, President;
1 The present complaint has been received from the District Consumer Disputes Redressal Commission Amritsar by the order of the Hon’ble State Consumer Disputes Redressal Commission Punjab, Chandigarh for its disposal.
2 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 and 14 against the opposite party on the allegations that the complainant approached to opposite party bank branch on 3.4.2017 for opening new saving account. The forms were filled up by the concerned clerk of opposite party of bank branch i.e. Ms. Rakhi, Ms. Neha and Ms. Dushiant. A cheque bearing cheque No. 002932 dated 3.4.2017 of opening balance of Rs. 25000/- was given by the complainant of Amritsar Central Cooperative Bank Co-operative Jail Branch Amritsar alogwith required documents i.e. copy of Adhar Card, Pan card, driving license. As per the bank web site the account comes operational within 48 hours after opening. Thereafter, the complainant visited the opposite party bank branch for 10 to 12 times to get his account operational but no satisfactory reply was given by the opposite party. On 3.4.2017 opposite party bank issued to the complainant a cheque book and ATM Card against account No. 006601549297 but they were of no use because account was not operated by opposite party bank branch, till date.The complainant met concerned persons as well as Deputy Manger Mr. Walia but they ignored on the one pretext or the other. On 2.5.2017 the complainant met new Manager to get his account operational, he called the concerned persons and directed them to needful done but account has not been operational till date. Again on 10.5.2017, the complainant visited the branch with the same request but this time asked the complainant to sign new forms for opening the account when the complainant asked why the complainant fill up new forms they told the complainant that they have lost the previous forms which were completed on 3.4.2017 and also asked the complainant to issue a new cheque of Rs. 25,000/- because that too has been lost. The manager directed the complainant to file written complaint about the same and the complainant did that and it was received by branch manager Sherinder Gupta on 10.5.2017 but till date no action has been taken against the erring officials. This is sheer negligence on the part of the opposite party Bank branch. The aforesaid act on the part of the opposite party in not providing any service to the complainant amount to deficiency in service under the provisions of Consumer Protection Act.The complainant also made a complaint in writing to the opposite party but despite that the opposite party has not paid the amount. A legal notice dated 16.5.2017 was also served upon the opposite party but the opposite party failed to accept the genuine request of the complainant. The complainant has prayed that the opposite party may be directed to
(i) To give direction to the opposite parties to pay amount of Rs. 25,000/- alongwith interest @ 18% p.a. from the date when the complainant approached the opposite party to open a new bank account from the opposite party.
(b) To give direction to the opposite parties to pay compensation to the tune of Rs. 1,00,000/- o account of causing mental and physical harassment and agony to the complainant.
(c) To pay litigation expenses to the tune of Rs. 5,000/-
3 After formal admission of the complaint, notice was issued to Opposite Party and opposite party appeared through counsel and filed written version and contested the complaint by interailia pleadings thatthe complaint liable to be dismissed simply on the ground that is no deficiency on the part of the opposite party as the complainant has refused to open the account. The complaint is liable to be dismissed. The complainant has not suffered any loss as there is no debit entry in the account of the complainant. The cheque which was given to the opposite party has not been misused and got encahsed. There is no financial loss to the complainant. The account of the complainant is already with the ICICI Bank but he wants to open a new account for which some formalities are required but later on he has informed the complainant that he did not want to operate the account. The complainant had visited the bank. ATM Card and cheque book has been issued. Due to some staff transfers cheque was misplaced and till today inspite of best effort the opposite party failed to locate the same for which the instruction has been issued to all the concerned staff.The complainant was requested to fill-up the new form and give fresh cheque so that new account can be opened but the complainant refused to operate the account and he has categorically said that he does not want to operate the new account. The complainant has not given any fresh cheque. The cheque which was given by the complainant has not been debited in his account and the complainant has not suffered any loss. The opposite party has deniedthe other contents of the complaint and prayed for dismissal of the same.
4 To prove his case, the complainant has placed on record affidavit of complainant Ex. C-1 alongwith documents i.e. copy of application dated 10.5.2017 Ex. C-2, copy of reminder dated 28.5.2017 Ex. C-3, Postal receipt Ex. C-4,Copy of legal notice Ex. C-5 and closed the evidence. On the other hands, Ld. counsel for the opposite party has tendered in evidence affidavit of Sh. Varun Sharma Ex. OP1 and closed the evidence.
5 We have heard the Ld. counsel for the parties and have gone through the record on the file.
6 The combined and harmonious reading of the pleadings and documents going to prove that the complainant on 3.4.2017 applied for opening the new saving account with the opposite party and a cheque of opening balance of Rs. 25,000/- bearing No. 002932 dated 03.04.2017 was issued alongwith other documents like copy of Adhar Card, pan Card and driving license. As per website the account comes operational within 48 Hours. But it could not come operational within said period. Therefore, the complainant visited the opposite party for 10 to 12 times to get his account operational but no satisfactory reply was given. On the same date bank has issued cheque book as well as ATM Card to the complainant, but he could not operate the same as his account was not operational. Again on 10.5.2017 when the complainant visited the opposite party told that his application form alongwith cheque has been lost somewhere and asked him to fill up new form and a cheque to open new account and the complainant refused to do so. As such his account cannot become operational till date. On the other hands, opposite party contended that there is no deficiency in service on their part. The complainant was asked to open the new account but he refused and further submitted that the complainant has not suffered any loss as there is no debit entry in the account of the complainant. The cheque which was given to the opposite party has been misplaced and never got encashed.
7 The whole controversy revolves around the point that whether bank has committed any deficiency or not. The complainant has prayed to give directions to the opposite party to pay an amount of Rs. 25,000/- alongwith interest at the rate of 18% per annum but how it can be possible since no debit entry has been occurred in the account of the complainant. Moreover, the complainant has not placed on record any account statement which shows that an amount of Rs. 25,000/- has been debited from his account. As such, this plea of the complainant is not tenable. The complainant has been harassed by the opposite party by not making the account operated. The opposite party has admitted in their reply that due to some staff transfers,the cheque was misplaced and till today inspite of the efforts , opposite party has failed to locate the same. Definitely, there is harassment by the opposite party upon the complainant and the complainant has suffered due to negligence on the part of the opposite party. The suffering of the complainant could be mitigated by providing adequate compensation. So the compensation part is admissible in the complaint and the complainant is not entitled to receive an amount of Rs. 25,000/- as no financial loss has been occurred to him.
8 In view of above discussion the present complaint is partly allowed as the complainant has also been harassed by the opposite party, as such, the complainant is also entitled to Rs. 10,000/- ( Rs. Ten Thousand and Five Hundred only) as compensation on account of harassment and mental agony and Rs5,000/- (Rs. Five Thousand only) as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Copy of order be supplied by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar.
Announced in Open Commission
06.04.2022
