Haryana

Karnal

CC/515/2019

Rajinder Kumar - Complainant(s)

Versus

Oriental Bank of Commerce - Opp.Party(s)

Gurvinder Pal Singh

03 Sep 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  COMMISSION, KARNAL.

 

                                                        Complaint No. 515 of 2019

                                                        Date of instt.07.08.2019

                                                        Date of Decision 03.09.2021

 

Rajinder Kumar son of Shri Buta Ram, resident of house no.9, New Ramesh Nagar, near Arya Smaj Mandir, Durga Rice Mill, Karnal through his wife Smt. Usha being his next friend. Mobile no.9355708669.           

                                                                  …….Complainant.

                                              Versus

 

Oriental Bank of Commerce, near Devi Mandir, Jundla, District Karnal through its Branch Manager.

                                                                   …..Opposite Party.

 

Complaint Under section 12 of the Consumer Protection Act, 1986 as amended Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

 

 Argued by: Shri G.P. Singh counsel for complainant.

                    Shri Sooresh Khanna counsel for OP.

 

                    (Jaswant Singh President)

ORDER:   

                

                        The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 as after amendment Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant met with an accident on 26.07.2013 and suffered serious injuries. Because of impact of injuries, the complainant came to suffer from paralysis and thus unable to write and put his signatures. Thus, he filed the present complaint through his wife Smt. Usha.

2.             Further, the complainant is maintaining a Saving Bank Account no.18302191000326 in Oriental Bank of Commerce near Devi Mandir, Jundla, District Karnal for the last so many years. The complainant has been depositing the amount in the abovesaid account from time to time. The maturity amount of his insured policies were also deposited in the said account. As per statement of account, the complainant is having a sum of Rs.9,36,509/- in the abovesaid account. Complainant approached the OP for withdrawal of the abovesaid amount lying in his account as the complainant requires the same for his treatment. The OP did not allow him to withdraw the said amount on the pretext that the complainant earlier used to sign on the cheques and that the bank shall allow the complainant to withdraw the amount only if he puts his signatures on the cheques/withdrawal forms. Due to paralysis of right side of the body, complainant is unable to use his right hand and put his signatures on the cheques. Therefore, complainant requested the OP to allow him to put his thumb-impression on the cheques/withdrawal forms for withdrawing the amount but OP refused to do so. The complainant also got himself examined from the doctors at District Civil hospital, Karnal and the Deputy Civil Surgeon, Karnal has issued a certificate no.120 dated 07.06.2019 to the complainant that the complainant is an old case of R.S.A. (Road Side Accident) with head injury and quadriparesis and is unable to write. The complainant has given the copy of said certificate to the OP. However, the OP is still adamant and is not allowing the complainant to operate the account. In this way there was deficiency in service on the part of the OP. Hence, complainant filed the present complaint.

3.             On notice, OP appeared and filed written version, raising preliminary objections with regard to maintainability and locus standi. On merits, it is pleaded that complainant is capable to sign the document/cheque as he has been issuing cheques earlier and as per Bank guidelines, cheques are encashed only with signature of the account holder. It is further pleaded that complainant may get appointed his legal guardian through court of law to operate the account if the account holder is mentally retreated and unable to sign. It is further pleaded that as per Bank rules and guidelines no third person can operate the account in neither single name nor an amount can be withdrawn without the signature, specimen of which is already obtained and tallies with the same. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Complainant tendered into evidence affidavit of her wife Smt. Usha Ex.CW1/A, disability certificate Ex.C2, account statement Ex.C3, Aadhar card of complainant Ex.C4, Aadhar card of Smt. Usha Rani Ex.C5 and closed the evidence on 08.01.2020 by suffering separate statement.

5.             On the other hand, despite giving evidence, learned counsel for OP suffered a statement to the effect that keeping in view the medical problem of the complainant and in view the guidelines of the bank, the bank has no objection in operating the account by the complainant by putting thumb impression instead of signature.

6.             We have heard the learned counsel for the parties and have perused the documents placed on file carefully.

7.             Learned counsel for the complainant submitted that since the OP is ready to get the account of the complainant operated to the complainant by putting thumb impression instead of signature, in case if the complainant withdraws the present complaint then there is every apprehension that OP will revert to its promise/statement. Hence, prayed for allowing the complaint.

8.             On the other hand, learned counsel for OP submitted that the OP/bank will remain bound by the statement.

9.             Since, the OP is ready to get the account of the complainant operated by putting thumb impression instead of signature but the complainant is having apprehension that in future OP will harass the complainant and will not allow him to operate the saving account by putting thumb impression.

10.           In view of the above facts and circumstances of the case, we disposed of the present complaint with the direction to the OP to allow the complainant to operate his saving account by putting thumb impression instead of signature. No order as to cost. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:03.09.2021

President,

                                                    District Consumer Disputes

                                                    Redressal Commission, Karnal.

 

                (Vineet Kaushik)               

                        Member