Gian Singh s/o Sh. Chanan Singh, r/o H.No.250, Near Guga Madi, Village Sarangpur, U.T. Chandigarh.

……Appellant/complainant

V e r s u s

1.    Punjab National Bank, Circle Head, Zonal Office, Sector 17-B,Chandigarh, through its Chairman/ Managing Director.

2.    Punjab National Bank, Branch Office, Khuda Lahora, U.T. Chandigarh, through its Branch Manager.

3.    Sh. D.P. Goyal, Senior Manager, O/o Field General Manager, Punjab National Bank, Sector 17,Chandigarh.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:S. Dhiman, Advocate for the appellant.

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

2.           India, in April, 2009, there was a balance of Rs.7,51,318/- in his account. It was stated that the complainant entered into an agreement, with one Sh. Ranjit Singh, in August, 2011, to buy a piece of land, on payment of token amount, to the tune of Rs.50,000/-. Later on, when the complainant visited the Bank of the Opposite Parties, for withdrawal of the amount, to make payment for the deal, aforesaid, he came to know that there was a balance of Rs.1,85,557/-, and the rest of the money had been withdrawn, unauthorizely. The complainant lodged a complaint with Opposite Party No.2, on the same day. After inquiry, it was found that there were 35 withdrawals, from the account of the complainant, amounting to Rs.3,79,000/-, as also another amount of Rs.1,07,000/-, had been wrongly debited, after effecting transfer entry. It was further stated that those withdrawals had been made by the Officials of the Opposite Parties, by forging the signatures of the complainant. When no action was taken by Opposite Parties No.2 and 3, with regard to the complaint, made by the complainant, he lodged an F.I.R. A complaint, with regard to the aforesaid withdrawals was also made to the Zonal Officer, Punjab National Bank. After the complaint of the complainant, a sum of Rs.1,07,000/- was credited back to his account, on 01.11.2011. The complainant again took up the matter with Opposite Parties No.2 and 3. The officials of the Opposite Parties admitted the fraudulent withdrawals, from his account. It was further stated that the complainant approached the Opposite Parties, through every possible means, with a request to remit the remaining amount, unauthorizely withdrawn, from his account, but to no avail. It was further stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed, directing the Opposite Parties, to pay Rs.40,000/-, alongwith interest @18% P.A.; Rs.50,000/-, alongwith interest @18% P.A., on account of loss of forfeiture of earnest money, referred to above; compensation, to the tune of Rs.1 lacs, alongwith interest @18% P.A., for mental agony and physical harassment; and cost of litigation, to the tune of Rs.21,000/-.

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“Dated 27.12.2011

The Manager

Punjab 

BO. Khuda Lahora

Sir,

Reg: My SB account no.1172000100049658 with you.

Please refer to my earlier letter with regard to unauthorized debit To (to) the tune of Rs.486.000/-. I am grateful to you that with your kind Efforts (efforts) the total amount has been recovered and amount of Rs.486,000/- Has (has) been credited to my account no. 1172000100049658. With this My (my) claim for total amount debited unauthorized has been settled.

With thanks,

Yours sincerely,

Sd/-

(Gian)”

12.         Rs.4,86,000/-,with the efforts of the Opposite Parties was recovered, and credited to account number 1172000100049658, which pertained to the complainant. It is further evident, from this document/letter, that the complainant stated that his claim for total amount, debited unauthorizely, had been settled. Not only this, even Annexure R-2, another letter dated 08.05.2012, addressed to the Manager, Punjab National Bank/Opposite Party No.2, by the complainant, reads as under:-

“The Manager

Punjab 

BO. Khuda Lahora

Sir,

Reg: My SB account no.1172000100049658 with you.

With reference to my above account I may inform you that I have received full and final payment of unauthorized withdrawl (withdrawal) from My (my) account and I will claim no money in the account nowonwards.

With thanks,

Yours sincerely,

Sd/-

(Gian)

Dt.08.05.2012”

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15.        The Opposite Parties, were, thus, neither deficient, in rendering service, nor indulged into unfair trade practice, and even the complainant was estopped from filing a complaint, after the submission of letters Annexures C-5 and R-2, referred to above, duly signed by him, and, as such, the Consumer Complaint was not maintainable.

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Pronounced.

September 27, 2013

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Rg