Haryana

StateCommission

A/567/2017

PUNJAB AND SIND BANK - Complainant(s)

Versus

KUSAM DEVI - Opp.Party(s)

A.B.A.SIDHU

07 Aug 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      567 of 2017

Date of Institution:      11.05.2017

Date of Decision :       07.08.2018

 

Punjab and Sind Bank, Regional Office, Mustafabad, District Yamuna Nagar, Haryana, through its Branch Manager Shri Vinod Kumar.

                                      Appellant-Opposite Party

Versus

 

Kusum Devi wife of Ram Kumar, Resident of Village Rampauli, Tehsil Jagadhri, District Yamuna Nagar.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. Balbir Singh, Judicial Member.

                                                                                                         

Present:               Shri A.B.S. Sidhu, Advocate for appellant.

                             Mrs.Kusum Devi-respondent in person. 

 

                                                   O R D E R

 

BALBIR SINGH, JUDICIAL MEMBER

 

        This appeal has been preferred against the order dated March 31^st, 2017passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short ‘the District Forum’).

2.                Kusum Devi – complainant (respondent herein) is having her saving bank account No.8679 in Mustafabad Branch of Punjab and Sind Bank-Opposite Party (appellant herein) since the year 2005. On June 10^th, 2011 the complainant deposited an amount of Rs.28,000/- and an amount of Rs.11,000/- on July 12^th, 2011 in her account. In this way, as on July 12^th, 2011 an amount of Rs.53,653/- was in balance in his account. On September 06^th, 2011 an amount of Rs.3,000/- was withdrawn by the complainant and on that date the balance amount in her account was Rs.50,653/-. On February 17^th, 2012 the complainant had withdrawn an amount of Rs.10,000/- from her account but on that date balance amount was shown in her passbook as Rs.30,469/- instead of Rs.40,653/-. The entries were made by the officials of the opposite parties in the passbook provided to the complainant regarding the above mentioned deposits and withdrawal of the amount. As on February 17^th, 2012 the complainant found in her account an amount of Rs.10,184/-  less than the actual amount. The complainant immediately met the officials of the bank and requested the bank to correct the mistake. In the beginning the complainant was told that mistake shall be corrected but when the complainant again visited the bank, the officials of the bank refused to make any correction in the passbook of the complainant. The complainant met Manager of the bank in this regard and also served a legal notice upon the opposite party on February 24^th, 2012. 

3.                The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 with a prayer to direct the opposite party to make correction in the passbook of the complainant by reversing the sum of Rs.10,184/- in her account; to pay an amount of Rs.50,000/- as compensation on account of un-necessary harassmen t and mental agony.

4.                The opposite party in its written version has taken plea that the complaint is not maintainable in the present form as it is not a case of deficiency in service and that the complainant has no cause of action to file the present complaint. It is admitted fact that the complainant is having a saving account No.8671 in Mustafabad branch of Punjab and Sind Bank since the year 2005. It is also admitted that in her saving bank account, the complainant deposited an amount of Rs.28,000/- on June 10^th, 2011 but it is denied that an amount of Rs.11,000/- was deposited by the complainant on July 12^th, 2011. As an amount of Rs.11,000/- was not deposited, so amount of Rs.53,653/- was not the balance amount in the account of the complainant on July 12^th, 2011. After entry dated June 10^th, 2011 regarding deposit of an amount of Rs.28,000/-, there is entry dated August 01^st, 2011 in the statement of account mentioning credit of interest amount Rs.536/- showing balance amount as Rs.43,189/-. An amount of Rs.3,000/- was admittedly withdrawn by the complainant on September 06^th, 2011 and an amount of Rs.10,000/- was withdrawn on February 17^th, 2012. In this way, the balance amount in the account of the complainant as on February 17^th, 2012 was correctly shown as Rs.30,460/- in the account of the complainant. It is prayed that the complaint filed by the complainant be dismissed with costs.

5.                Parties led evidence in support of their respective claims before the District Forum.

6.                After hearing arguments, vide impugned order dated March 31^st, 2017 passed by the learned District Forum, the complaint filed by the complainant was allowed directing the opposite party to pay an amount of Rs.10,184/- to the complainant alongwith saving interest as per Reserve Bank of India guidelines, from the date of filing of the complaint till its realisation. Directions were given that compliance of the order be made within 30 days from the date of preparation of copy of the order.

7.                Aggrieved with the impugned order dated March 31^st, 2017 passed by the learned District Forum, the appellant-opposite party has filed the present First Appeal No.567 of 2017 with a prayer to set aside the impugned order and to dismiss the complaint filed by the complainant.

8.                We have heard learned counsel for the appellant, the respondent in person and also perused the case file.

9.                It is admitted fact that the complainant is having saving bank account No.8671 in Mustafabad Branch of Punjab and Sind Bank-Opposite Party since the year 2005. It is also admitted fact that on June 10^th, 2011 an amount of Rs.28,000/- was deposited by the complainant in her account and on that date the balance amount in the account of the complainant was Rs.42,653/-.  It is also admitted fact that an amount of Rs.3,000/- was withdrawn by the complainant from her account on September 06^th, 2011 and an amount of Rs.10,000/- was withdrawn on February 17^th, 2012.  Apart from it, an amount of Rs.536/- was credited in the account of the complainant on August 01^st, 2011 as interest.

10.              In fact, main controversy in between both the parties in this case is regarding deposit of an amount of Rs.11,000/- by the complainant on July 12^th, 2011. Version of the complainant is that she deposited the above mentioned amount on July 12^th, 2011 and after deposit of that amount, entries in her passbook provided by the opposite party were made by the officials of the opposite party bank showing balance amount as Rs.53,653/- as on September 06^th, 2011.  In the copy of the passbook (Annexure C-4) an amount of Rs.3,000/- is shown as withdrawn on September 06^th, 2011 mentioning balance amount in the account as Rs.50,653/-. After withdrawal of an amount of Rs.10,000/- on February 17^th, 2012, the balance amount was shown as Rs.30,469/-. The entries in the passbook have been initialed by an official of the bank. Original passbook was shown at the time of arguments but the same was returned to the complainant after hearing arguments on the same date.

11.              For redressal of her grievance, the complainant met the officials of the opposite party bank 2/3 times and thereafter also met the Manager of the bank. It is evident from Annexure C-1 that the complainant filed an application dated March 02^nd, 2012 before the Manager of the bank with a prayer for redressal of her grievance.

12.              The opposite party to rebut the evidence of the complainant, tendered in evidence affidavit of Shri D.S. Kapoor, Manager, Punjab and Sind Bank, MUstafabad as Annexure RW/A and also tendered in evidence copy of the legal notice dated April 28^th, 2012 as Annexure R-2; reply dated May 04^th, 2012 of the legal notice as Annexure R-1 and Statement of Account issued by Punjab and Sind Bank, Mustafabad as Annexure R-3 regarding the period from October 04^th, 2011 up to June 02^nd, 2012.  In the statement of account, the deposit of an amount of Rs.11,000/- as on July 12^th, 2011 has not been shown. Now the question arises as to whether in such a situation the version of the complainant should be believed or not. The opposite party has not disputed that the entries in the passbook were made by the officials of the opposite party bank. It is also not the version of the opposite party in the written version as well as during the course of arguments, that entries were made in the passbook by mistake. In fact, it was in the knowledge of the opposite party that by which official of the bank the entries in the passbook were completed. For the sake of arguments, if it be considered that all it happened due to some inadvertent mistake on the part of the official of the bank, we feel to prove this fact the opposite party bank should have examined official concerned by whom the wrong entries were made in the passbook. Record on the file does not show that the bank manager ever sought explanation of the official concerned who made entries in the passbook. Even the opposite party bank is not ready to tell the name of the official who made wrong entries in the passbook by putting his signatures. It is also not disputed that the entries in the passbook were made by the officials of the bank.

13.              This fact also cannot be overlooked that sometimes wrong entries are also possible due to inadvertence mistake on the part of the officials of the bank but at the same time this fact also cannot be completely overlooked that sometimes such type of clever tactics like in the case in hand are used by the officials to grab money from the account holders by fraudulent means. Version of the complainant is that she had handed over an amount of Rs.11,000/- to the clerk concerned for depositing in her account and he made entries regarding deposit of the amount in her passbook but did not credit the amount in her account intentionally. We feel if all it happened due to inadvertence, the opposite party should not have shown so much hesitation even in telling the name of the official concerned who made entries in the passbook. If the entries were made in the passbook by mistake, the Bank Manager should have called his explanation and should have given direction to make correction in the relevant passbook entries. No such procedure has been adopted. In these circumstances, it can be presumed that the complainant went to the bank premises and deposited the amount of Rs.11,000/- on July 12^th, 2011 and an official of the bank grabbed that amount from the complainant by not actually crediting the amount in the account of the complainant and made entries in the passbook to satisfy the complainant. Moreover, there is no evidence on the file that in past the complainant ever remained involved in such type of litigation and that is also by leveling vague and false allegations. There is no reason to disbelieve the version of the complainant. It is the duty of the opposite party to keep its officials in discipline and to take necessary steps against the official at fault.

14.              As a result, as per discussions above in detail, we find no illegality in the impugned order dated March 31^st, 2017 passed by the learned District Forum. Hence, findings of the learned District Forum stand affirmed and the appeal stands dismissed.

15.              The statutory amount of Rs.6096/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after expiry of period of appeal/revision, if any.

 

Announced: 07.08.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

CL