Chandigarh

DF-I

CC/1003/2016

Dr. Monika Jindal - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Sonal Soi

15 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/1003/2016
Date of Institution	:	09/11/2016
Date of Decision	:	15/06/2018

 

Dr. Monika Jindal D/o Late Nasib Chand Jindal, resident of                  C-15/6, MSSC Hospital, Beas, District Amritsar at the time of opening account and at present residing at H.No.286, Sec.15-A, Chandigarh.

....Complainant

 

V E R S U S

 

 

1]       Punjab National Bank, through its Branch Manager, SCF 53, Urban Estate, Phase-I, Jalandhar City, District Jalandhar.

2]       Punjab National Bank, through its Regional Manager, Bank Square, Sector 17, Chandigarh.

3]       Punjab National Bank, Head Office, 7, Punjab National Bank House, Bhikaji Cama Place, Delhi – 110066, through its Managing Director-cum-Chairman.

4]       Anurag Shourie son of Madhusudan Shourie, resident of House No.789, Urban Estate, Phase-I, Jalandhar.

…… Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SH.SURESH KUMAR SARDANA	MEMBER

                                                               

ARGUED BY	:	Sh. S.P. Soi, Counsel for Complainant.
	:	Sh. Virender Sood, Counsel for OPs No.1 to 3.
	:	Sh. Satish Kumar Arora, Counsel for OP No.4.

                       

PER SURESH KUMAR SARDANA, MEMBER

 

1.         Dr. Monika Jindal, Complainant has preferred this Consumer Complaint under the Consumer Protection Act, 1986, against the Punjab National Bank and Others (hereinafter called the Opposite Parties), alleging that while working at MSSC, Hospital, G.T. Road, Beas, she opening Savings Bank Account in Punjab National Bank. It has been averred that Opposite Party No.4 filed a Divorce Petition against the Complainant before the District & Sessions Judge, Solan in the year 2015 and in connivance with Opposite Party No.1 he succeeded in obtaining salary account statement of the Complainant, which was attached him in the said Divorce Petition. It has been alleged that the Complainant never requested/ authorized any person/ authority of the Bank to provide her personal information to any third person. A legal notice was also served upon the Opposite Parties No.1 to 3, but the same did not fructify. Hence, alleging the aforesaid act and conduct of the Opposite Parties as deficiency in service and indulgence into unfair trade practice, the Complainant have preferred the present Complaint.     
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Parties No.1 to 3 contested the Complaint and filed their joint written statement, inter alia, pleading that they did not provide any statement of account, in connivance with anyone, except the Complainant herself, upon oral request & proper identification of photograph in the computer data. The allegation levelled by the Complainant is just an afterthought to implicate the answering Opposite Parties for financial gains. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties No.1 to 3 have prayed for dismissal of the complaint.
4.         Opposite Party No.4 filed his separate written statement admitting that that had filed a divorce petition which is pending adjudication before the District and Sessions Judge, Solan. It has been pleaded that he did not connive with the Branch Manager of PNB Urban Estate, Phase-I, Jullundur Branch, in procuring the salary account statement. In fact, during the sustenance of marriage, the Complainant herself shared the said financial information/date with him like any other common couple. Pleading that there is no deficiency in service or unfair trade practice on his part, Opposite Party No.4 has prayed for dismissal of the complaint.
5.         Controverting the allegations contained in the written statement and reiterating the pleadings in the Complaint, the Complainant filed the rejoinders.
6.         Parties led evidence by way of affidavits and counter affidavits. 
7.         We have gone through the entire evidence and heard the arguments addressed by the Learned Counsel for the Parties.
8.         Sh. Balbir Singh, Chief Manager, Punjab National Bank, Urban Estate Branch, Phase-I, Jalandhar in his duly sworn affidavit for and on behalf of Opposite Parties No.1 to 3, has categorically stated in para 11 that they never provided the statement of salary account to any person, other than the Complainant herself, upon her oral request and proper identification of photograph in the computer data and that too in the year 2012. In these set of circumstances, keeping in view the period in which the said statement of account was provided, we feel that the lapse on the part of the Complainant cannot be ruled out especially when there was no matrimonial dispute/ divorce proceedings pending. Pertinently, there is no reference in the entire body of the Complaint that there is some secrecy act vide which third party cannot have statement of account. It is not the case, matrimonial ties between the Complainant and her husband (Opposite Party No.4) were broken on account of decree of divorce as still they are continuing as husband and wife in the eyes of law. Thus, we find that the whole gamut of facts and circumstances leans towards the side of the Opposite Parties. The case is lame of strength and therefore, liable to be dismissed.
9.         For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.   
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced                                              

15.06.2018

                                

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

      

                          

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER

“Dutt”  

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