Haryana

Ambala

CC/263/2019

Parkash Singh - Complainant(s)

Versus

PNB - Opp.Party(s)

In Person

14 Feb 2022

ORDER

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no. :    263 of 2019

                                                          Date of Institution :     26.08.2019

                                                          Date of decision     :     14.02.2022.

         

Parkash Singh son of Shri Sher Singh, aged about 68 years, resident of House No.18, Harish Vihar, Village and Post Office Babyal, Near Cable Gas Godown, Ambala Cantt.

                                                                                      ……. Complainant.

                                      Versus

 

1. Punjab National Bank Zonal Office, PNB House, Sector-17, Chandigarh-160017, through its Authorized Signatory/Zonal Manager.
2. Punjab National Bank, Credit Card Division, 12 Floor, Atma Ram House, 1 Tal Story Marg, New Delhi-110001, through its Authorized Signatory/Manager.
3. Punjab National Bank Credit Card Division Corporation Office, 3^rd Floor, East Wing, Flat No.4, Sector-10, Dwarka, New Delhi-110075, through its Authorized Signatory/Senior Manager.
4. Punjab National Bank, Army Public School Branch, Ambala Cantt., through its Manager.

….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Complainant in person.

Shri Ashwani Nandra, Advocate, counsel for the OPs alongwith          Shri Balwinder Lal, Senior Manager.  

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount of Rs.2,177/-, alongwith interest @ 12% per annum till the realization of the amount.
2. To pay Rs.50,000/-, as compensation for the mental agony and physical harassment caused to the complainant.
3. To pay Rs.10,000/-, as litigation expenses.
4. To close the cash credit card in question, of the complainant.
5. Any other relief which this Hon’ble Commission may deem fit.

                                    

2.           The brief facts of the case are that complainant is a senior citizen and retired from Army as Subedar and getting his pension through Punjab National Bank, Army Public School i.e. OP No.4. Earlier, complainant was getting his pension through PNB Bank Kharga Canteen, Ambala Cantt and after closing of the said Branch, his account was transferred to OP No.4. As allured by the OPs, he filled up a form for issuance of cash credit card and the same was sent through post by the OP No.1, at his residential address. After some time complainant used the said cash credit card and came to know that OP No.4 had charged interest @ 36% to 40% per annum. To this effect, complainant moved an application to the Banking Lokpal, Reserve Bank of India, Sector-17, Chandigarh-160017 on December 2018, as the OP No.4, was not even ready to listen the genuine request of the complainant.  On 06.03.2019, the concerned officer called the complainant at Chandigarh and ordered the bank to waive off Rs.10,810.42 and close the credit card. In this regard, the said authority, issued letter dated 06.03.2019, to all the concerned but of no use. OPs deducted following amount from the pension account No.4071000300206018 of the complainant:-

on 06.03.2019 Rs.539.64,

on 03.04.2019 Rs.63.36,

on 17.06.2019 Rs.317.64

on 29.06.2019 Rs.456.36

on 27.06.2019, Rs.800/- was deducted from account No.4071000101132620. As such, OPs deducted total amount of Rs.2177/-, from the account of the complainant, in contravention of order passed by the Banking Ombudsman, Chandigarh. By deducting the amount of Rs.2,177/- illegally and not closing the credit card, the OPs have committed deficiency in service. Hence, the present complaint.

3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to maintainability, cause of action, locus-standi and not come with clean hands and suppressed the true and material facts. On merits, it is stated that complainant himself approached the OP no.4 and requested the officials for issuance of the cash credit card. After fulfilling all the requisite formalities, credit card was issued to the complainant. Complainant used to take money from the bank and but was not returning the money to the Bank in time, due to this reason, interest was being imposed upon the complainant. To put undue influence on the Bank the complainant has filed the present complaint. Rest of the allegations levelled by the complainant were denied for lack of knowledge and prayer has been made for dismissal of the present complaint filed by the complainant against them with costs.                                                                                                                                                                                                                                                                                                                                                                                                                  

4.           Authorized representative for the complainant tendered affidavit of complainant as Annexure CA along with documents Annexure C-1 to C-4 and closed the evidence on behalf of complainant. On the other hand, learned counsel for the OPs tendered affidavit of Shri Balwinder Lal, Branch Manager, Punjab National Bank, Branch Defence Colony, Ambala Cantt. as Annexure OPW1/A along with documents Annexure OP-1 to OP-3 and closed the evidence on behalf of OPs.

5.           We have heard the complainant and learned counsel for the OPs and have also gone through the record of the case very carefully.

6.           At the outset, learned counsel for the OPs submitted that the grievance of the complainant has already been resolved by the OPs, therefore, the complaint filed by the complainant may be dismissed.

7.           The learned counsel for the complainant submitted that OPs credited the amount of Rs.2,177/-, in the account of the complainant and closed the credit card, on 03.08.2021 i.e during the pendency of the complaint. Since, the OPs did the needful during the pendency of the complaint, therefore, they are liable to pay the compensation for the mental agony and physical harassment suffered by the complainant alongwith litigation expenses.

8.           Complainant filed the present complaint on 26.08.2019, and OPs credited the amount of Rs.2,177/-, in the account of the complainant and close the credit card on 03.08.2021, i.e. during the pendency of the complaint. OPs by not doing the needful in time, caused lot of inconvenience to the complainant and forced him to file the present complaint. Therefore, OPs are thus liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses. In our view, end of justice would be fully met, if directions are issued to the OPs to pay lump-sum amount of Rs.5,000/-, to the complainant.

9.           In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OPs to pay lump-sum amount of Rs.5,000/-, to the complainant within the period of 45 days from the date of receipt of the certified copy of this order, failing which, they shall pay interest @ 5% per annum on the awarded amount, from the date of order i.e. 14.02.2022, till its realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

          Announced on: 14.02.2022.

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

              Member                                 Member                        President

 

 

 

 

 

 

 

 

 

 

Present:       Complainant in person.

                   Shri Ashwani Nandra, Advocate, counsel for the OPs alongwith                   Shri Balwinder Lal, Senior Manager.

 

Vide our separate detailed order of even date, the present complaint has been partly allowed. File be consigned to Record Room, after due compliance.

Announced on: 14.02.2022.

 

 

 

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President