DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/297/2021

Date of Institution : 01.12.2021

Date of Decision : 15.11.2023

Tarantar Singh aged about 26 years son of Gurjit Singh, Railway Station Road, Sekha, Tehsil and District Barnala-148104. …Complainant

Versus

1. Punjab and Sind Bank Branch VPO Sekha Tehsil and District Barnala through its Branch Manager Pin-148024. 

2. Amar Singh Branch Manager Punjab and Sind Bank Branch VPO Sekha Tehsil and District Barnala-148024.

3. Amarjit Singh Cashier Punjab and Sind Bank Branch VPO Sekha Tehsil and District Barnala-148024.

4. Punjab and Sind Bank through its Zonal Manager, Zonal Office, Rajwaha Road, Patiala-147001.

5. Punjab and Sind Bank through its CMD, Punjab and Sind Bank, Bank House, 2nd Floor, 21, Rajendra Place, New Delhi-110008. 

6. Punjab and Sind Bank through its Deputy General Manager, Punjab and Sind Bank, Bank House, 2nd Floor, 21, Rajendra Place, New Delhi-110008. 

7. Punjab and Sind Bank through its Assistant General Manager, Punjab and Sind Bank, Bank House, 2nd Floor, 21, Rajendra Place, New Delhi-110008. 

…Opposite Parties.

Complaint under the Consumer Protection Act, 2019

Present: Sh. Ramandeep Rajput counsel for complainant.

Sh. JS Bhullar Adv counsel for opposite parties.

Quorum.-

1. Sh. Jot Naranjan Singh Gill : President

2. Smt. Urmila Kumari : Member

3. Sh. Navdeep Kumar Garg : Member

(ORDER BY URMILA KUMARI MEMBER):

    The complainant Tarantar Singh filed the present complaint under the Consumer Protection Act 2019 against Punjab and Sind Bank Branch VPO Sekha through its Branch Manager and others.  (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that the complainant is consumer of the opposite parties having saving bank account No. 02571000020629 of Punjab and Sind Bank Branch VPO Sekha and availing the bank facilities with zero balance as per instruction of Government of India/Rules of the bank/RBI. The opposite party No. 1 issued a cheque book to the complainant for withdraw the amount. 

3. It is further alleged that the complainant filled a cheque from the said account bearing No. 000010 dated 2.11.2021 as self for an amout of Rs. 20,700/- against the credit balance and presented the same before the branch office Sekha to withdraw the amount from his bank account but the cashier i.e. opposite party No. 3 refused to encash the said cheque without maintaining minimum balance of Rs. 1,000/-. The complainant requested the cashier that he is need of money and filled this for the amount of Rs. 20,700/- because his account is zero balance account but the opposite party No. 3 flatly refused to make payment of the complainant. The complainant approached the branch Manager for passing the cheque of complainant but opposite party No. 2 also refused to pass the said cheque and told that minimum balance of Rs. 1,000/- is required to be maintained in the saving bank account as per bank rules and not allowed the complainant to withdraw the said amount. Then the complainant approached the other bank officials and requested that he is urgent need of money and transfer an amount of Rs. 20,700/- from his account to other bank account No. 02571000022819. On the request of complainant the other bank officials tried to transfer the said amount in the said account but this transaction is not completed without verify by the Branch Manager. Ultimately the complainant approached the Branch Manager opposite party No. 2. On the request of complainant Branch Manager told that as per terms and conditions of the bank the complainant did not withdraw the amount from the account and as per bank rules the minimum balance of Rs. 1000/- is required to be maintained in the saving bank account and under pressure of opposite parties No. 2 and 3 he got signed on the back of the cheque that I request to withdraw the amount without maintaining minimum balance. The branch Manager passed an order on the cheque against the bank rules but inspite of this the bank official not paid the said payment just to harass the complainant. The complainant lodged complaint by email to Principal Nodal Officer for Redressal of complaints, Nodal Officer and Zonal Manager against the bank Manager and cashier but no action has been taken by the bank authorities against them. 

4. It is further alleged that complainant also filed on line RTI application on 10.11.2021 that is it mandatory to maintain minimum balance in saving account and if yes then can any bank employee have right to refuse the payment of cheque of amount equal to available balance in account. In reply it is mentioned that there is no mandatory requirement of maintaining minimum balance in General saving scheme bank account. Even after, if there exists some mandatory balance requirement in the account the bank employee cannot refuse the payment of cheque of amount equal to available balance in account subject to the state that there exist no charges under lien. If there exist some charges under lieu in that case, bank has right to recover the charges first. Further, the complainant received a reply of complaint No. 21056 dated 2.11.2021, and investigated by the higher authorities who replied, “as on the basis of our preliminary investigation it has been found that branch is at fault and necessary action will be taken against the Branch Manager and erring officer and complaint is closed.” It is further alleged that now the Branch Manager threatened the complainant that if you do not withdraw the complaint then they will close all the loan accounts, saving bank accounts and other transaction if any and declare the complainant as defaulter of the bank and defame the complainant. The act of the opposite parties No. 2 and 3 falls under the deficiency of service and unfair trade practice. Hence the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to feel unconditional apologize with assurance that they will never harass any consumer of the bank in future and not misuse the power. 

2) To pay Rs. 1,00,000/- for mental and physical harassment. 

3) To pay Rs. 25,000/- as litigation expenses.  

4) Any other fit relief may also be given. 

5. The opposite parties filed written version taking legal objections that the there is no deficiency on the part of opposite party No. 1 to 7. The complainant did not come to court with clean hands and concealed many facts from the Commission and not disclosed the nature of his account number. The opposite parties No. 1 to 3 never provided any service in their personal capacity but they have do their act on behalf of the bank so the complaint against answering opposite parties is not maintainable and liable to be dismissed. 

6. On merits, it is admitted that complainant is consumer of the opposite parties having saving account No. 02571000020629 which is not a zero balance account as per instructions of bank circular No. 3366 dated 24.5.2016. As per this circular minimum balance required in saving account rural branch is Rs. 500/- irrespective or whether cheque book is issued or not. Further, as per bank deposit policy reference No. 3568 dated 14.9.2021, for deposit products like saving bank account and current deposit account the bank shall stipulate certain minimum balance to be maintained as part of terms and conditions governing operation of such accounts. Failure to maintain minimum balance in the account shall attract levy of charges as specified by the bank from time to time. It is admitted that complainant filled a cheque from his saving account bearing a cheque No. 000010 dated 2.11.2021 as self for an amount of Rs. 20,700/-. It is submitted that complainant first demanded a cash amount Rs. 20,700/- from the bank. As per bank rules opposite parties No. 1 and 2 passed the cheque with the remarks Allow without minimum balance as per customer request and marked the opposite party No. 3 for cash payment. When complainant reached the cash counter after few minutes he requested the opposite party No. 3 to transfer the amount of Rs. 20,700/- to account No. 02571000022819. Then as per request of complainant opposite party No. 1 to 3 as per debit voucher dated 2.11.2021 transferred Rs. 20,700/- to account No. 02571000022819 in the name of Amandeep Kaur so there is no deficiency or negligence on the part of the opposite parties No. 1 to 3. The opposite parties No. 1 to 3 only request the complainant to left Rs. 500/- in his account then he make a lot of noise in the bank premises and threatened the opposite parties No. 1 to 3 to make a false complaint to the opposite parties No. 4 to 7. Later on he moved application on the same date to the office of opposite parties No. 4 to 7 who deeply regret that such incident took place and assured that such incident won't happen again and try to give the complainant best service in future. It is admitted that complainant filed on line RTI application on 10.11.2021. As per bank circular minimum balance to be maintained is Rs. 500/- however as per this circular there is penalty if minimum balance not maintained so just to comply with the bank circular opposite parties No. 1 to 3 advised the complainant to keep Rs. 500/- in his account. But when complainant said that he want to withdraw total Rs. 20,700/- the Branch Manager allowed him by mentioning on cheque Allow without minimum balance as per customer request and as per request of complainant transferred Rs. 20,700/- to account No. 02571000022819 in the name of Amandeep Kaur. The opposite parties No. 1 to 3 never visited the house of complainant rather complainant demanded some rupee from the opposite parties No. 1 to 2 and when they refused, then filed false complaint against the opposite parties No. 1 to 7 in this Commission. Lastly, the opposite parties prayed for the dismissal of the present complaint with compensation of Rs. 1,00,000/-. 

7. In support of his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of pass book Ex.C-2, copy of cheque Ex.C-3, copy of backside of cheque Ex.C-4, copy of statement of account Ex.C-5, copy of transactions of transfer amount Ex.C-6, copy of email Ex.C-7, copy of letter attached with email Ex.C-8, copy of RTI reply Ex.C-9, copy of reply of complaint Ex.C-10 and closed the evidence. Rejoinder also filed by the complainant.

8. To rebut the case of the complainant, the opposite parties  tendered in evidence affidavit of Amar Singh Ex.OPs-1, copy of General Power of attorney Ex.OPs-2, copy of circular No. 3366 Ex.OPs-3, copy of circular No. 3568 Ex.OPs-4, copy of voucher Ex.OPs-5, copy of statement of account Ex.OPs-6, copy of terms and conditions Ex.OPs-7, copy of circular No. 3584 Ex.OPs-8, copy of screen short Ex.OPs-9 and closed the evidence. 

9. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments also filed by both the parties. 

10. The complainant has a saving bank account bearing account No. 02571000020629 with Punjab and Sind Bank Branch Village and Post Office Sekha and availing the bank facilities. As per Ex.C-3 the complainant filled a cheque No. 000010 dated 2.11.2021 with amount of Rs. 20,700/- payable to self and presented the same before the branch office Sekha to withdraw the amount from his bank account. The cashier (OP-3) refused to encash the said cheque without maintaining minimum balance of Rs. 1,000/- in his account. The complainant approached the bank Manager (OP-2) for passing the cheque but opposite party No. 2 also refused to pass the said cheque. The Manager said that minimum balance of Rs. 1,000/- is required to be maintained in the saving accounts as per rules. After going from one desk to another the complainant was forced by OP-2 and OP-3 as per Ex.C-4 to make an undertaking “Payment may be made without maintaining minimum balance”. As per Ex.C-3 the cheque was passed by the competent authority with remarks “Allowed without minimum balance as per customer's request”. Inspite of this the cashier (OP-3) did not encash the said cheque. The complainant requested to transfer the amount in the account of Amandeep Kaur who is account holder of the opposite parties and got arranged cash from her as per transfer voucher dated 2.11.2021 Ex.C-5.

11. The complainant lodged a complaint by email Ex.C-7 and Ex.C-8 on the portal of the bank for taking necessary action against the bank Manager and the cashier of Branch Sekha for harassing him. The complainant received a reply of the complaint No. 21056 dated 2.11.2021 vide which the complaint of the complainant was investigated by the higher authorities of Punjab and Sind Bank and with remarks “On the basis of our preliminary investigation it has been found that branch is at fault, accordingly necessary action will be taken against the BM and erring officer” as per Ex.C-10. The complainant also filed RTI application with query “Is this mandatory to maintain minimum balance in saving accounts and if Yes then can any bank employee has a right to refuse the payment of the cheque of amount equal to available balance in account”. The reply from the Head Office, RTI Cell, Punjab and Sind Bank was that there is no mandatory requirement of maintaining minimum balance in General Saving Scheme bank accounts in our bank. The complainant also filed copy of circular No. 3481 dated 7.2.2019 of Punjab and Sind Bank. As per this circular it is clear “No minimum balance is to be maintained in saving accounts”. On the other hand, the opposite parties have admitted in their oral and written arguments that just as a custom and advice they request each and every customer not to withdraw whole money from his account. 

12. On the basis of above discussion, the Commission is of the view that the officials of Punjab and Sind Bank Branch Village and Post Office Sekha are fully responsible for the harassment of complainant. If the cashier had encashed the cheque after its passing by the Manager, then there was no need to transfer the amount in the bank account of Amandeep Kaur and arrange cash from her by the complainant. So there is deficiency in service and unfair trade practice on the part of the opposite parties. Hence the present complaint is partly allowed and the opposite parties are directed to pay Rs. 10,000/- to the complainant on account of mental agony and harassment and Rs. 3,300/- on account of litigation expenses. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

        15th Day of November 2023

 

 

            (Jot Naranjan Singh Gill)

            President

              

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member