Delhi

New Delhi

CC/63/2017

Sneh Aggarwal - Complainant(s)

Versus

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

19 Sep 2018

ORDER

 

                                          CONSUMER DISPUTES REDRESSAL FORUM-VI

        (DISTT. NEW DELHI),

                            ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                   NEW DELHI-110001

 

 

Case No. 63/2017                                                                      Dated:

In the matter of:

              Smt. Sneh Aggarwal

  R/o S-25, Venus Apartments,

 Sec-9, Rohini, Delhi-110085                                 …… Complainant

 

 

 

     Versus

 

 

1.               Punjab National Bank,

Parliament Street Branch

New Delhi-110001.

 

 

2.             Smt. Usha Ananthasubramaniam,

The Chairman and Managing Director,

Head Office- Punjab National Bank,

Bhikaji Camma Place,R.K. Puram,

New Delhi-110066

 

 

……. Opposite parties

 

                                               

 

 

 

 

H.M.VYAS, MEMBER

 

O R D E R

 

Complainant has filed this complaint before this Forum under Section 12 of the Consumer Protection Act 1986 (the Act) against Punjab National Bank , hereinafter  referred to as OP praying for directions to the Opposite Party to :-

1. Release the membership share certificate of New  Venus Group Housing Ltd. along with installment payments letters which were deposited while taking housing loan.
2. Pay compensation  of Rs. 4,90,000/- to the complainant Sneh Aggarwal.
3. Pay a sum of Rs. 10,000/- as the litigation cost and
4. Pass any other order as this Hon’ble Court may deem fit and proper in the interest of justice.

 

The gist of the complaint are that the complainant was an employee of the OP Bank and was dismissed from service in filmcy manner.She took housing loan from the OP.She was entitled for Provident Fund, Gratuity and other entitlements which were withheld for one reason or other. After long fight she was able to know that her benefits were adjusted agaist housing loan. According to the complainant the same is at variance and disputed in view of annexures C-1 to 3.It is stated that since the housing loan stands paid but the OP has not returned the documents with details of payments despite repeated requests & personal visits.Alleging harassment and mental agony the payer as mentioned above is made.

          OP was noticed and the matter was contested by it. OP had filed written statement. Both the parties have filed their respective evidence by way of affidavit.

            Perusal of the proceedings dated 18/05/2018 shows that the OP handed over the original NOC to the complainant. On 04/09/2018  the Authorized Representative of the OP Bank supplied to the complainant the signed copy of the statement of account showing the payments by the complainant against the loan account and the adjustment of the FDR & interest against acknowledgement. The AR of OP stated that the original membership share certificate of the housing society deposited by the complainant while seeking loan is not traceable with the OP.  He, however, stated that the expenses up to Rs. 2000/- for issuing the duplicate certificate by the society shall be paid by the OP. 

             Both the parties have addressed oral arguments.  During arguments the complainant argued that the OP is duty bound to return the original membership share certificate and the statement of account showing adjustments of the complainant’s money, but the OP failed.  Alleging deficiency in service it is prayed to allow the complaint.  Per contra, the OP argued that the complaint deserves dismissal as the OP has fulfilled its responsibility and supplied the documents available with it. As the original membership share certificate is not traceable the OP is ready to bear the charges to the tune of Rs. 2000/- for issuance of the duplicate one for which the complainant is required to apply to the Group Housing Society.

            We have considered the material placed before us & the submissions of both the parties.  Admittedly the NOC & the statement of account have been supplied to the complainant.  It is also admitted by the OP that the original membership share certificate is not traceable.  It is also admitted by the complainant that the intimation regarding adjustment of the amount was given by the OP first time vide letter dated 25/04/2014 under RTI Act.  The said letter is also admitted by the OP.  

In view of above discussion it is clear that the OP did not inform the complainant about the statement of account for quite a long time and further the original membership share certificate is also not traceable with it.  We, therefore, hold the OP to be deficient in service and direct to pay a sum of Rs. 15,000/- as compensation (inclusive of the amount of Rs. 2,000/- for expenses to get the duplicate membership share certificate issued) and litigation cost of Rs. 3,000/-    The OP shall comply the orders within 30 days from the date of receipt of this order failing which interest @ 9% p.a. shall be payable from the date of filing of the complaint i.e. 30/01/2017 till the date of realization.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on 19/09/2018

The orders be uploaded on www.confonet.nic.in.

 

File be consigned to record room.

 

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

             (NIPUR CHANDNA)                                                            (H M VYAS)

                                MEMBER                                                                         MEMBER