Haryana

Ambala

CC/8/2021

Dr Multan Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

B.S Jaspal

22 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no. :    08 of 2021

                                                          Date of Institution :    01.01.2021

                                                          Date of decision     :    22.02.2022.

         

Dr. Multan Singh, son of Sh. Narain Singh, resident of H.No.18-A, Civil Line, Ambala City. (Age about 58 years)

                                                                                      ……. Complainant.

                                      Versus

 

1. Punjab National Bank, Sadar Bazar, Ambala Cantt., through its Chief Manager.
2. Punjab National Bank, Model Town, Ambala City, through its Branch Manager.

….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Ms. Pearl Jaspal, Advocate, counsel for complainant.

                   Sh. Kulwinder Chawla, Advocate, counsel for OPs.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (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 pay Rs.10,000/-, alongwith interest @ 18% per annum, till its realization.
2. To pay Rs.50,000/-, as compensation for the mental agony and physical harassment caused to the complainant.
3. To pay Rs.22,000/-, as litigation expenses.

                                    

2.           The brief facts of the case are that on 03.03.1994, complainant opened a PPF Account bearing No.001400PPF00000000601 with the Punjab National Bank, Sadar Bazar, Ambala Cantt, having maturity date 01.04.2019. On 12.05.2017, complainant requested the OP No.1, to transfer the said PPF account to Punjab National Bank, Ambala City. On transfer Punjab National Bank, Ambala City issued new account No.052100PPF00000000707. On 01.04.2019, i.e the date of maturity, complainant came to know that one installation of Rs.10,000/- deposited on 28.01.2003, is missing in the statement of account and reported the matter to the OPs but they did not credit the said amount of Rs.10,000/- in his PPF account. Complainant filed an application alongwith the receipt dated 28.01.2003, regarding deposit of Rs.10,000/-, to the OP No.1. But it failed to credit the said amount in his account. Complainant also sent Gmail to the OPs but the OPs did not resolve the issue. Complainant reported the matter to the RBI also but the OPs were adamant not to resolve the issue. By not doing the needful, 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 and time barred. On merits, it is stated that as per record available with the Bank on 28.01.2003, amount of Rs. 10,000/- (Rupees Ten Thousand only) was not deposited, by the complainant. Complainant made a false claim of Rs. 10,000/- for nothing. Rest of the allegations levelled by the complainant were denied by OPs and prayer has been made for dismissal of the present complaint filed by the complainant against them with costs.                                                                                                                                                                                                                                                                                                                                                                                                                  

4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A 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 Vijesh Kumar, Chief Manager, Punjab National Bank, Branch Office, Ambala Cantt., as Annexure OPA and closed the evidence on behalf of OPs.

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

6.           At the outset, learned counsel for the OPs submitted that the present complaint is barred by limitation as such, it is liable to be dismissed solely on this ground. On the contrary the learned counsel for the complainant vehemently argued that the complainant had opened a PPF account on 03.03.1994 which got matured on 01.04.2019. After maturity on perusal of statement of account, complainant came to know that OPs did not credit the amount of Rs.10,000/-, which he deposited vide receipt dated 28.01.2003, Annexure C-3. Complainant brought this fact in the knowledge of the OPs and requested them to pay the amount of Rs.10,000/-, but they refused to pay the said amount to him. Cause of action has arisen to the complainant on 01.04.2019 i.e. the date of maturity and for redressal of his grievance, complainant has filed the present complaint on 01.01.2021, i.e within the period of two years as envisaged in Section 69 of the Consumer Protection Act, 2019.

7.            From the copy of the PPF account ledger, Annexure C-3, it is evident that the PPF account of the complainant matured on 01.04.2019 and account was closed. As per the complainant the OPs did not pay him, the amount of Rs.10,000/-, which he deposit vide receipt dated 28.01.2003, Annexure C-1. It may be stated here that finally the cause of action accrued to the complainant on 01.04.2018 i.e the date of maturity of PPF account, when the OPs refused to pay Rs.10,000/-, to the complainant. As such, for redressal of his grievance, complainant has filed the present complaint against the OPs on 01.01.2022, i,e within the period of two years from the date on which the cause of action has arisen. Thus the contention of the OPs that the complaint filed by the complainant is barred by limitation is not tenable. Hence, rejected.

8.           On merits, learned counsel for the complainant has argued that complainant deposited Rs.10,000/-, with the OPs, vide receipt dated 28.01.2003, but the OPs did not credit the said amount in the PPF account of the complainant and also refused to pay the said amount.

9.           On the other hand, the learned counsel for the OPs argued that receipt of Rs.10,000/- dated 28.01.2003, was not issued by the OPs and the complainant has made a false claim of Rs.10,000/-.

10.           From the perusal of copy of receipt, Annexure C-1, it is evident that the complainant deposited Rs.10,000/-, on 28.01.2002, stamp of the Bank was affixed on it and the same had been signed by the head cashier. From the said receipt, it is quite clear that complainant had deposited Rs.10,000/-, with the OPs. By not making the entry in the PPF account of the complainant and by refusing to pay the said amount to him, the OPs have committed deficiency in service, therefore, they are liable to pay the amount of Rs.10,000/-, to the complainant alongwith interest. The OPs are also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.  

11.          In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

                   1)      To pay Rs.10,000/-, to the complainant alongwith interest @                         5% per annum, from the date of deposit i.e 28.01.2003, till its                       realisation.  

                   2)      To pay Rs.3,000/-, as compensation for the mental                                        agony and physical harassment caused to the complainant.

                   3)      To pay Rs.2,000/-, as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. 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: 22.02.2022.

 

 

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

              Member                                  Member                       President

 

 

 

 

Present:       Ms. Pearl Jaspal, Advocate, counsel for complainant.

                   Sh. Kulwinder Chawla, Advocate, counsel for OPs.

 

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

Announced on: 22.02.2022.

 

 

 

 

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

              Member                         Member                       President