BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No.55 of 2008.<br /> Instituted On: 23.05.2008.<br /> Date of Service: 19.06.2008.<br /> Decided On 25.09.2008.<br /> <br /> Dr.Satish Pal Bansal (60 years) Retd. Senior Medical Officer son of Sh.Sham Lal, resident of 176, Friends Colony, Moga.<br /> Complainant.<br /> <br /> Versus<br /> <br /> 1. Punjab National Bank, Ferozepur Road Moga through its Senior Manager.<br /> <br /> 2. Senior Manager, Punjab National Bank, Ferozepur Road, Moga, Tehsil Moga. <br /> Opposite Parties.<br /> <br /> Complaint under section 12 of The<br /> Consumer Protection Act, 1986.<br /> <br /> Quorum: Sh.J.S.Chawla, President,<br /> Smt.Bhupinder Kaur, Member.<br /> Sh.Jit Singh Mallah, Member.<br /> <br /> Present: Sh.A.K.Goyal, Advocate counsel for complainant. Sh.V.Kashyap, Advocate counsel for the OPs-Bank.<br /> <br /> (J.S.CHAWLA, PRESIDENT)<br /> Dr.Satish Pal Bansal complainant has filed the present complaint under section 12 of The Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against Punjab National Bank, Ferozepur Road Moga through its Senior Manager and another-Opposite Parties directing them to pay a sum of Rs.3347/- being the amount illegally & unjustly debited in his account and also to pay Rs.50000/- on account of compensation for causing mental tension and harassment beside Rs.5000/- as costs of litigation.<br /> 2. Briefly stated, Dr.Satish Pal Bansal complainant has account bearing no.3445000300195998 with OP1-Bank. That on 14.8.2007 the complainant issued a cheque no.491639 for Rs.2598159/- in favour of Thomas Cook India Ltd, G.T.Road, Moga. That the complainant was shocked to know from the statement of account that an amount of Rs.3347/- has been deducted from his account as ISO charges against the said cheque. Thereafter, when the complainant brought the matter to the notice of the then Branch Manager of OP1-Bank, he credited the said amount of Rs.3347/- in his account on 5.9.2007. But again, the amount of Rs.3347/- has been debited in his account. That the aforesaid act and conduct of the OPs-Bank is absolutely illegal, unjust and against their rules as he issued the cheque to Thomas Cook India Ltd. at Moga and if the payee/beneficiary i.e. Thomas Cook India Ltd. deposited the cheque at Ludhiana, then it is the payee/ beneficiary of the cheque, who should been burdened with ISO charges. Thus, the OPs-Bank had committed deficiency in service on their part. That the complainant has suffered mental tension and harassment for which he has claimed Rs.50000/- as compensation. Hence the present complaint.<br /> 3. Notice of the complaint was given to the OPs-Bank, who appeared through Sh.Varinder Kashyap Advocate. They took up preliminary objections that the complaint is not maintainable in the present form; that the complainant has not come to this Forum with clean hands, rather concealed the true and hard facts from the knowledge of this Forum; that as per the bank rules and laws the amount is payable at any CBS branch, but the account holder has to pay the necessary charges if the charges are more than Rs.50000/-, that the present complaint is without any cause of action and the amount has been debited in the account of the complainant as per bank rules. But still if the complainant feels aggrieved, his remedy is to file a civil suit on affixing the court fee, but there is no provision in the Act to get the refund of that charges. On merits, it was averred that the beneficiary of the cheque has presented the same at some ‘out station’ and not at Moga. Moreover, the cheque in question was not payable at Moga. However, on the request of the complainant for the refund of the ISO charges, the same was temporarily credited in his account, but lateron the higher authorities of the OPs-Bank refused to provide the benefit to the complainant as per the bank rules and norms. So the said amount was again debited in his account. All other allegations contained in the complaint were specifically denied being wrong and incorrect. Hence, it was prayed that the complaint filed by the complainant has no merit and the same be dismissed.<br /> 4. In order to prove his case, the complainant tendered in evidence his affidavit Ex.A1, copy of cheque Ex.A2, copies of letters Ex.A3 and Ex.A4, copy of statement of account Ex.A5 and closed his evidence.<br /> 5. To rebut the evidence of the complainant, the OPs-Bank tendered in evidence affidavit of Balbir Singh, Sr.Manager Ex.R1, copies of letters Ex.R2 and Ex.R3 and closed their evidence.<br /> 6. We have heard the arguments of Sh.Ashok Goyal ld.counsel for the complainant and Sh.Varinder Kashyap ld.counsel for the OPs-Bank and have very carefully perused the evidence on the file.<br /> 7. Sh.Ashok Goyal Adv. ld.counsel for the complainant has mainly argued that the OPs-PNB has committed deficiency in service while debiting Rs.3347/- on account of ISO charges in the account of the complainant. This contention of the ld.counsel for the complainant has full force. Admittedly, the complainant issued a cheque no.491639 for Rs.2598159/- in favour of Thomas Cook India Ltd, G.T.Road, Moga. Firstly, the OPs-PNB has debited Rs.3347/- as ISO charges for the said cheque on 16.4.2007, but when he represented vide letter Ex.R3 to the OPs-PNB for the cancellation of the said charges then the OPs-PNB credited the same on 5.9.2007 in his account. Thereafter, the OPs-PNB again debited Rs.3347/- from his account on 28.9.2007 for the reasons best known to them. When the OPs-PNB had firstly credited the amount of Rs.3347/- on 5.9.2007, they have no right to deduct the same again on 28.9.2007 from the account of the complainant without issuing any notice to him. The OPs-PNB has failed to show any rule or regulation of the bank vide which they were entitled to deduct ISO charges for the clearance of the local cheque issued by the complainant. Thus, in view of the aforesaid facts and circumstance, the OPs-PNB has wrongly re-deducted Rs.3347/- on 28.9.2007 from the account of the complainant when they themselves had given the credit of the said amount on 5.9.2007. The debiting of Rs.3347/- second time by the OPs-PNB from the account of the complainant caused mental tension, agony and harassment to him. The aforesaid negligent act of the OPs-PNB amounts to deficiency of service on their part for which the complainant is entitled to compensation.<br /> 8. To support the aforesaid contention, the complainant has tendered his affidavit Ex.A1, copy of cheque Ex.A2, copies of letters Ex.A3 and Ex.A4, copy of statement of account Ex.A5. On the other hand, the affidavit of Balbir Singh, Sr.Manager Ex.R1 and other documents Ex.R2 & Ex.R3 produced by OPs-PNB have no relevancy and can not be given any effect.<br /> 9. The ld.counsel for the parties did not urge or argue any other point before us.<br /> 10. In view of the aforesaid facts and circumstances, the complaint filed by the complainant has merit and the same is accepted. OPs-PNB is directed to credit the amount of Rs.3347/- in the account of the complainant immediately. They are also directed to pay Rs.2500/- on account of compensation for causing mental tension, harassment and costs of litigations to the complainant within 30 days from the date of receipt of copy of this order. Copies of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.<br /> <br /> (Bhupinder Kaur) (Jit Singh Mallah) (J.S.Chawla)<br /> Member Member President<br /> <br /> Announced in Open Forum.<br /> Dated:25.09.2008.<br /> <br /> hrg*<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />