Delhi

New Delhi

CC/779/2012

Om Prakash Sharma - Complainant(s)

Versus

M/S. IDBI Bank Ltd. - Opp.Party(s)

16 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/779/12                         Dated:

In the matter of:

MR. OM PRAKASH SHARMA

C-51/Z-1, DILSHAD GARDEN,

NEW DELHI-110095

……..COMPLAINANT

 

VERSUS

1. THE IDBI BANK LTD.,

        KASTURBA GANDHI MARG BRANCH,

        NEW DELHI-110001

 

1. BANK OF BARODA

        DARIYA GANJ BRANCH

        NEW DELHI-110002                     

         ………. OPPOSITE PARTIES

 

ORDER

President: C.K Chaturevdi

The short facts of the complaint are that complainant had an account with IDBI Bank, while he was serving with SAMAY PRAKASHA (not a party in this complaint). He has some dispute with his employer, which settled with him by paying a cheque no.580323 of BOB of Rs.1,36,000/-. The said cheque was deposited by him in his a/c on 20.12.10. It is alleged by the complainant that he came to know through RTI that his employer had written to his IDBI bank to put a debit freeze on his a/c on 27.12.10, alleging that complainant had stolen the said signed cheque and filled in figures and got the money transferred in his /ac in IDBI bank. This request was made by the employer Samay Prakasha on 23.12.10. This was followed by another letter dated 31.12.10, by Samay Prakasha to IDBI Bank, at K.G Marg Branch, stating that on 24.12.10, the matter was resolved as complainant agreed to return the money and tendered his registration and settled the matter by a cheque of Rs.32,948/- dated 24.12.10 in favor of Samay Prakasha, and it was decided not to lodge FIR against him, and it had informed the IDBI bank, the a/c was defaulted on 27.12.10. All this information is available from letter of IDBI bank dated 3.11.11 vide collected it has given information to complainant under RTI.

These facts show that his a/c was freezed from 23.12.10 to 27.12.10, without any intimation to the complainant. The moot question is whether the account of a consumer can be put to debit freeze, on the basis of a request by employer, alleging some dispute with employee or even allege theft of cheque by it.   Admittedly, the employer Samay Prakasha had not lodged FIR with police, about theft of cheque by complainant. The complainant’s version is that it has willingly given by employer as towards settlement of dues, and after giving it he was celled to office and asked to tender registration on pay of Rs.59,000/- by a cheque. We cannot enter this contrary.

In our considered view, the bank cannot be become a judge of dispute between the employer and employee, and freeze the a/c of employee on the request of Bank of employee on the request of employer. Such a right belongs to Court or police on investigation can resort such a request. The bank of complainant has been used to arm twist the employee in which bank of employee was used. This is against settled law of bankers view on account holder which does not pursue so.

In our considered view, OP1 bank had done a negligence act in defreezing the ac/c of complainant, as he would not have used money in his a/c. We hold OP guilty of gross deficiency and award a compensation of Rs.20,000/- for the deficiency inclusive of litigation expenses for his harassment based litigation.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 16.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER