Punjab

Patiala

CC/17/443

Navdeep Gupta - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Dhiraj Puri

10 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 443/2017
Date of Institution	:	1.12.2017
Date of Decision	:	10.3.2023

 

 

 

Navdeep Gupta aged 50 years son of Late Dr.Ved Parkash Gupta R/o H.No.4, Manshahia Colony, Patiala.

 

                                                                   …………...Complainant

                                      Versus

 

Punjab National Bank, 22 No.Phatak, Leela Bhawan, Patiala.

 

                                                                   …………Opposite Party

 

Complaint under the Consumer Protection Act

 

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.M.K.Garg, counsel for complainant.

                             Sh.B.B.Gupta, counsel for OP.                 

 

                                     

 

 ORDER                                          

1. The instant complaint is filed by Navdeep Gupta (hereinafter referred to as the complainant) against Punjab National bank (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:

          That the complainant in order to get more interest tried to transfer an amount of Rs.1,50,000/-through his saving bank account with the Yes Bank, deposited cheque No.279578 drawn on PNB from his account number on 2.11.2017.Said cheque was returned unpaid by the Punjab National bank due to the reason ‘signature mismatch’ as was inquired from the Manager of Yes Bank. On 3.11.2017 an amount of Rs.500/- on account of cheque bouncing charges and Rs.90/- on account of IGST have been shown deducted in his account statement. Complainant immediately approached OP to know as to why this amount of Rs.590/- has been deducted unnecessarily but the OP did not entertain the complainant. There is thus deficiency in service on the part of the OP which caused mental agony and tension to the complainant. Consequently, prayer has been made for acceptance of the complaint.

3. Upon notice, OP appeared through counsel and filed written statement having raised preliminary objection that the complaint is not maintainable.
4. On merits, it is admitted to the extent that the complainant is having saving bank account with it and interest is being paid/credited to his account according to the rules and instructions on credit balance. It is also admitted that the cheque stood returned unpaid since the signature mismatched. However, the cheque was not physically/actually got presented in the branch concerned i.e. Punjab National Bank, 22 No.Phatak Branch, Patiala of OP by ‘Yes Bank’ with whom the complainant allegedly had deposited the cheque. It is admitted that a sum of Rs.590/- has been charged to the account of ‘cheque bouncing charges’ and the leviable tax and those charges were debited to the account in accordance with the law, rules and instructions of the Head Office of the OP for all the account holders in general and Reserve Bank of India and that too automatically by the computerized system of the OP, as the banking business of the OP is all together fully computerized throughout India. Thus there is no deficiency of service on the part of the OP. After denying all other averments made in the complaint, OP prayed for dismissal of complaint.
5. In evidence, ld. counsel for complainant tendered Ex.CA affidavit of complainant alongwith documents, Ex.C1 copy of cheque in question, Ex.C2 copy of cheque dishonour memo dated 3.11.2017,Ex.C3 copy of return memo, Ex.C4 copy of bank statement of Navdeep Gupta for the period 1.10.2017 to 16.11.2017,Ex.C5 copy of email/complaint lodged by the complainant and closed evidence.
6. On the other hand, ld. counsel for OP has tendered in evidence, Ex.OPA affidavit of Paryas Garg, Branch Head of PNB alongwith documents, Ex.OP1 copy of cheque truncation system, Ex.OP2 copy of account opening form, Ex.OP3 copy of circular dated 21.9.2017 and closed the evidence.
7. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
8. Admittedly, the complainant has deposited a cheque No.279578 dated 2.11.2017 drawn on PNB for Rs.1,50,000/- in his own saving bank account of Yes bank, which is Ex.C1.The cheque was presented for clearance and was returned with the remarks, ‘signature mismatch’, which is Ex.C3. Ld. counsel for the complainant has argued that an amount of Rs.590/- was illegally deducted by the OP from the  saving bank account of the complainant being maintained by him with them on account of dishonouring of cheque, which is Ex.C4.
9. Ld. counsel for the OP has argued that the amount of Rs.590/- has been rightly deducted from the account of the complainant. In support of his version, he has placed reliance upon the instructions of the OP,Ex.OP3 and as per para 28(ii), ‘in case of dishonour of cheques amounting to Rs.1lac to 1crore, an amount of Rs.500/- per instrument is chargeable’. This amount was without GST and Rs.90/- has been charged as GST. As such the amount of Rs.590/- has been deducted from the account of the complainant, as per the instruction of the OP.
10. From the discussion above, it transpires that the cheque dishonour charges of Rs.590/- (i.e. Rs.500/- on account of dishonour of cheque + Rs.90/- as GST) has rightly been deducted from the account of the complainant and there is no deficiency in service on the part of the OP. Therefore, finding no merit in the complaint the same is dismissed accordingly with no order as to costs.
11. The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President