Tamil Nadu

South Chennai

CC/284/2018

Mr. M Prabhu - Complainant(s)

Versus

M/s Punjab National Bank - Opp.Party(s)

M/s P Ravichandran

19 Dec 2022

ORDER

   Date of Complaint Filed : 24.05.2018

Date of Reservation      : 05.12.2022

Date of Order               : 19.12.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                          : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.           :  MEMBER  I 

                   THIRU. S. NANDAGOPALAN., B.Sc., MBA      : MEMBER II

 

CONSUMER COMPLAINT No.284 /2018

MONDAY, THE 19^th DAY OF DECEMBER 2022

M. Pirabu,

Son of S.M.Mohan Kumar,

No.61/30, Shanmugarayan Street,

George Town,

Chennai 600 001.                                                                                                          ... Complainant              

 

..Vs..

Punjab National Bank,

Represented By its Manager,

74, Janpath,

New Delhi – 110001.                                                                                                     ... Opposite Party

 

******

Counsel for the Complainant          : M/s. P. Ravichandran

Counsel for the Opposite Party       : Exparte

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to pay a sum of Rs.1,00,000/- as compensation towards the mental agony that the Complainant had to go through owing to the deficiency of service of the Opposite Party and to reverse the bounce charges of Rs.354/- wrongly debited from the Complainant’s account and to make payments towards cost of this proceeding.

2.     The averments of Complaint in brief are as follows:-

 The Complainant is employed with PNB Housing Finance Limited as Internal Legal Counsel - Chennai HUB and that he is a customer of the Opposite Party bank holding his salary account No.0131000400040438. He had applied for Non-Housing loan with the Opposite Party and in the course of the same had issued a Cheque No.503745 drawn on Punjab National bank at New Delhi, Janpath Branch, for a sum of Rs.5,900/- towards the processing fee for the said loan. On 01.09.2017 to his shock and dismay received a SMS from the opposite Party bank that the cheque was returned unpaid from his account. When he had further checked on the same he came to know that a wrong cheque No.593745 had been updated and presented by Opposite Party Bank instead of cheque No.503745 issued by him. The loan process was delayed as the processing fees was not correctly debited from his account. In fact the Loan sanctioning company, at Sudharshan Building, Floor, No.14, Whites Road, Royapettah, Chennai 14, had sent an email dated 30.11.2017 showing the status of the cheque issued to be "Bounced". The SMS sent by the opposite Party Bank at Chennai on 01.09.2017 confirms the negligent act of the Opposite Party in processing a wrong cheque number due to which processing fees was returned unpaid and further to his surprise, an amount of Rs. 354/- (inclusive of GST) was debited from his account as Cheque bounce charges, as seen from the statement of accounts, which was unethical, unfair and deceptive practice apart from being deficiency of service on part of the Opposite Party. When he had called the customer care number of the Opposite Party and reported the said error committed by the Opposite Party bank and the Opposite Party bank and the Opposite Party personnel was clueless about the transaction and had informed to enquire with the home branch at Janpath, New Delhi. He had tried contacting the branch continuously for four days but it was in vain. On 05.09.2017 the amount towards processing fees was automatically debited and the SMS dated 05.09.2017 form the Opposite Party bank indicated the correct cheque No.503745. Subsequently, his loan was processed after the delay due to the Opposite Party’s negligence. On 14.09.2017 and thereafter several mails attaching the relevant documents and stating negligence committed by the opposite Party bank but the Opposite Party Bank had sent Indifferent and non-committed reply all and till date had not addressed the issue or reversed the charges. The bounce further reflects in CIBIL as "Cheque Bounce" which would impact his credibility in future loans, his credibility is under scanner for no fault of him. Infact the Opposite party had willfully declared about the Cheque bounce with CIBIL and caused agony to him discrediting his future prospects in availing loans. Hence the complaint.

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as Ex.A-1 to Ex.A-8. The Opposite Party did not appear before this Commission even after sufficient notice served and remained absent and set exparte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed and to what other reliefs the Complainant is entitled to?

Point No.1:

On careful reading of the Complaint and the exhibits marked in support of the complaint, it is clear that the Cheque No.503745 for Rs.5,900/- issued towards processing fees to the Opposite Party for availing non-housing loan, was not debited and found to be returned unpaid from Ex.A-1 Screen Shot of SMS, in spite of sufficient funds available in Complainant’s Bank Account as per Ex.A-7 Statement of Accounts for the period from 01.04.2017 to 02.03.2018 and the said cheque was found to be debited on a different date as per Ex.A-6 Screen Shot of Email reflecting the status of Cheque Bounce with reasons showing Miscellaneous on return. As the Complainant had not produced any material evidence to show the exact reason of return except Ex.A-6 being the mail sent by the Opposite Party’s Branch at Chennai, the order of reversal of cheque bouncing charges would be unjustifiable, though it was represented that the Complainant do not continue his Account with the Opposite Party. From the said documents it is clear that the Opposite Party had acted negligently in clearing the subject cheque in spite of sufficient funds available in the bank account of the Complainant, which clearly amounts to deficiency in service on the part of the Opposite Party. Accordingly Point No.1 answered.

Point No.2:

As discussed and decided in Point No.1 against the Opposite Party the Opposite Party is liable to pay a sum of Rs.10,000/- towards  deficiency of service and mental agony, along with cost of Rs.5,000/- to the Complainant. And the Complainant is not entitled for any other relief/s. Accordingly Point No. 2 is answered. 

In the result, the complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards deficiency  of service and mental agony,                                                                                                                                                                                                                                                                                                                                                                    along with cost of Rs.5,000/- (Rupees Five Thousand Only) to the Complainant within 8 weeks from the date receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation.

          In the result this complaint is allowed in part. 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 19^th of December 2022.

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

Ex.A1	-	Screenshots of SMS sent by the Opposite Party
Ex.A2	14.09.2017	Email sent by the complainant to the Opposite Party
Ex.A3	20.09.2017	Email sent by the Complainant to the Opposite Party
Ex.A4	21.09.2017	Reply email sent by the Opposite Party to the Complainant
Ex.A5	24.09.2017	Replay email sent by the Opposite Party to the Complainant
Ex.A6	-	Status of Cheque given by the Complainant
Ex.A7	01.04.2017 to 02.03.2018	Statement of Accounts of the complainant
Ex.A8	23.01.2018	Legal notice by the Complainants counsel to the Opposite Party with Postal tracking

 

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                      MEMBER I                         PRESIDENT