Chandigarh

DF-II

CC/1095/2019

Darshan Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Gaurav Bhardwaj Adv.

09 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	1095/2019
Date of Institution	:	05.11.2019
Date of Decision	:	09.05.2022

 

                     

            

 

Darshan Singh age 68 years s/o Late Sh.Ujagar Singh, H.No.27, Sector 33-A,Chandigarh .

                 ...  Complainant.

Versus

Punjab National Bank, SCO No.123, Sector 33-D, Chandigarh through its Branch Manager.

 

…. Opposite Party.

 

BEFORE:
	SMT.PRITI MALHOTRA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Gaurav Bhardwaj, Adv. for the complainant
	Sh.Naresh Bagdi, Adv. for the OP.

 

   

 

PER PRITI MALHOTRA, PRESIDING MEMBER

1.     Briefly stated, the facts of case, as alleged by the complainant, are that he is having a saving account No.325300010086113 with the OP Bank.  He donated Rs.21,000/- vide cheque No.593199 dated 08.08.2019 in favour of Shubh Karman Trust but to his utter shock and dismay, the said cheque dis-honoured with the remarks ‘account blocked’.  He was informed by the Trust regarding the same due to which he felt very humiliated. Subsequently, he presented a self cheque in the sum of Rs.21,000/- on 10.09.2019 which duly encashed and thereafter another transaction was also successful. He then paid the donation in cash to the said Trust against receipt dated 14.09.2019.  Thereafter, he raised the issue with the OP Bank to know the reason as to why the said cheque was dis-honoured  but the OP failed to give any plausible reason. Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.
2.     In its written statement, the OP while admitting the factual matrix of the case has pleaded that as and when the complainant visited the OP for banking, the Bank staff always requested him to complete the KYC which has been made compulsory under the prudent banking process and guidelines of the RBI being followed. It has further been pleaded that the dis-honoured cheque in question was declined by the Bank Office with reason account blocked due to non-completion of KYC formalities and that happened because the office does not deal with the customers and strictly follow guidelines of the Bank having no personal/discretion consideration unlike the Branch Manager who deals with walking in customers personally.  It has further been pleaded that the complainant. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.     The complainant filed rejoinder to the written reply of the Opposite Party controverting their stand and reiterating his own. It has been stated after filing of the complaint, he came to know that the PAN is required to complete the KYC for bank account and then as a karta of HUF, he applied for PAN and allotted PAN number and to complete the KYC, he submitted a letter on 21.09.2000 along with the copy of PAN certificate. In October, 2020, he received a call from the OP for submitting personal PAN of Karta also and due to corona threat, he made a request on the same call to the same person to send him any whatsapp number or email ID so that he may be able to send the copy of his PAN but no response was given. After waiting for some days, he himself handed over the self-attested copy of the PAN. It has further been stated on 31.12.2020 he issued a cheque in the name of Guru Granth Sahib Sewa Society Regd. But the same was dishonoured with the remarks “account blocked”.  On enquiry, he was informed that due to creation of new ID, his account is still blocked. In the end, he prayed that the complaint be allowed qua the OP.
4.     We have heard the Counsel for the parties  and have gone through the documents on record.
5.     After considering the rival contentions/ submissions of the parties as well as the documentary evidence on file, it is revealed that the cheque No.593199 dated 08.08.2019 issued in favour of Shubh Karman Trust by the complainant was dis-honoured by the Bank on account of KYC formalities. The OP has failed to bring on record any documentary evidence on record to show that the complainant was ever intimated to complete the KYC formalities failing which the account was to be blocked/stopped. Moreover, it is not understood that if the KYC formalities are not completed by the complainant as alleged then how the self-cheque of the complainant dated 10.09.2019 was honoured by the OP after the dis-honouring of the earlier cheque dated 08.08.2019 issued in favour of the Trust on account of non-completion of KYC with reason “Account Blocked-Pan Required.  We are, thus, of the considered view that due to dishonor of the cheque by the OP issued in favour of the Trust, the complainant had to suffer humiliation and his reputation was also damaged. In this view of the above, the deficiency in service on the part of the OP is proved.
6.     Keeping in view the facts and circumstances of the present case, the complainant is awarded compository compensation of Rs.5,000/- on account of mental agony and physical harassment undergone by him as well as litigation expenses. This order be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which the OPs shall pay an additional amount of Rs.1,100/- to the complainant, apart from the above relief.
7.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 09/05/2022
	Sd/- (PRITI MALHOTRA) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER