PRESENT

          Complainant in person along with Adv.Vinod Mhaske present.                                                         

         Opponent by representative Adv.Smt.Bhagyalaxmi Racha present.

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President. )

1. The Complainant is having Saving Account No. 1286000100015401 with the Kandivli branch of Punjab National Bank since three decades. The relations between Complainant and staff of the Opposite Party were cordial and never strain during all these years.
2. The Complainant states that on 28.05.2011 at 11.15 a.m. he visited Kandivli branch with his wife for depositing money. It is stated that Complainant’s wife along with other customers were in the queue for depositing amount.
3. The Complainant stated  that unknown person was giving orders rudely to customers who visited for the purpose of depositing money. The said incident was narrated to branch office (Opp. No. 2) and the Complainant noticed the approach of Opp. No. 2 was very casual.
4. There was exchange of letters between Complainant and Opposite Party No. 2 Bank. It is submitted that staff of the bank threatened him to close down account within 15 days from letter dated 10.06.2011.
5. The Complainant prayed for direction to the Opposite Party bank not to discontinue the banking relationship, pay compensation of Rs. 25,000/- for mental agony, Rs. 20,000/- towards loss of income and cost of Rs. 5,000/-.
6. The Opposite Parties filed written statement and denied all allegations made in the Complaint. It is alleged that Complainant being a practicing lawyer has thrown all morality and legality and behaved in uncivilised manner.
7. The Opposite Parties alleged that Complainant behaved in the most disgusting manner calling out all sorts of names to Nationalised Bank, thus conduct of Complainant is unpardonable.
8. The Opposite Parties denied all other allegations and prayed for dismissal of Complaint.
9. We have heard both parties at length, perused all the documents produced on record.
10. Admittedly the Complainant is having account with the Opponent since long and there is nothing on record that relations between parties were strain on any ground during all these years.
11. The Complainant is a senior citizen having wide experience of practice and as a law teacher. The Opponent is a reputed nationalised bank which was nationalised along with other 13 Nationalised Banks.
12. As there exists element of settlement we persuaded both sides for amicable settlement considering longstanding relationship between both parties.
13. It is pertinent to note that both sides sincerely made efforts for amicable settlement, however they could not resolve dispute amicably.
14. We have carefully perused the documents filed on record. The letter dated 10.06.2011 sent by Bank to Complainant is not justified. There is no evidence on record to justify the said notice.   The single instance which occurred due to provocation is not sufficient for parting relationship as consumer.  
15. The relation between Complainant and Opposite Party is based on trust. The Opponent is under an obligation to protect the interest of consumers and render all possible help when he enters in the premises of Opponents.
16. The Complainant being an old customer of bank and an experienced lawyer was under an obligation to promote fair and cordial relationship with a bank.

17.     We are of the view, complainant  failed to have patience at the relevant time as a result the relations became strain. The Opponent was entitle to take reasonable steps as per law, if aggrieved by conduct of Complainant but Complainant cannot be denied his right to operate his account, which is reputed nationalised  bank of Govt. of  India.

18.     In the result, we  pass the following order.

                                              O R D E R

1.                RBT Complaint case No.290/2011  is partly allowed.

2.               The  Opponent Bank is not entitle to close Account No. 1286000100015401 of complainant.

3.                    No order as to cost.

4.                Copy of this order be sent to both parties.