Haryana

Karnal

CC/806/2019

Rajinder - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

R.K. Arora

17 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 806 of 2019

                                                        Date of instt.04.12.2019

                                                        Date of Decision:17.05.2023

Rajender son of Shri Zile Singh, resident of village Salwan, Tehsil Assandh, District Karnal.

                                               …….Complainant.

                                              Versus

1.     Punjab National Bank, village Salwan, tehsil Assandh, District Karnal through its Branch Manager.

2.     Punjab National Bank, Railway Road Branch, Yamuna Nagar through its Branch Manager.

                                                                      …..Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Vikas Kashyap, counsel for the complainant.

                    Shri Hanumant, counsel for the OP no.1.

    Defence of OP no.2 struck off (vide order dated

     20.1.2023)

 

                    (Vineet Kaushik, member)

ORDER:   

                

         The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is a customer of OP1 bank and he is maintaining a saving bank account no.0474001700042894 with the OP bank and has been depositing and withdrawing the amount from time to time. On 18.06.2019, a sum of Rs.1,23,770/- was lying in the account of the complainant. From perusal the passbook, the complainant came to know that the some unknown person has withdrawn Rs.50,000/- on 25.06.2019 and Rs.50,000/-on 26.06.2019 through cheque no.806681 and 806682 showing in the name of Samta Devi. Since the complainant never applied nor received any cheque book, so the cheque in favour of abovesaid Samta could not issued and OP has encashed the abovesaid cheque without tallying the signature of the complainant and never consulted its record to verify that whether any cheque book was issued to the complainant or not and this is a gross negligence on the part of the OP bank and complainant has suffered a loss of Rs.1,00,000/- due to negligence on the part of the OP bank and complainant has suffered a loss of Rs.1,00,000/-. The OP bank is fully responsible for the loss occurred to complainant. Complainant approached the OP bank and stated that the complainant has never applied for cheque book and the alleged Samta has withdrawn the amount on forged and fabricated cheque and the OP bank is fully responsible to compensate the complainant. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP no.1 appeared and filed its written version raising preliminary objections with regard to maintainability; jurisdiction and concealment of true and material facts. On merits, it is pleaded that both the transactions mentioned in the complaint by one Nisha Arya wife of Megh Raj, resident of Prithvi Nagar, Railway Workshop, District Yamuna Nagar by impersonating herself as SAMTA, by effecting collusion with one Ashish Arya son of Shri Bijender Kumar, resident of village Ibrahimpur, District Saharanpur, UP. The Branch Manager, Punjab National Bank, Branch Railway Road Yamuna Nagar has lodged an FIR no.335 dated 27.06.2019 under sections 420, 406, 467, 468, 471, 120 –B IPC in Police Station City Yamuna Nagar, which is still pending in the court of Shri Arvind Kumar, Learned Illaqa Magistrate, Yamuna Nagar, at Jagadhari. It is further pleaded that both the cheque were encashed in routine manner due to heavy rush in the bank, however, while trying to get encashed another third cheque the officials of the OP transpired about the fraud and then immediately the Manager Punbaj National Bank, Branch Railway Road Yamuna Nagar has lodged the FIR against the accused persons, in Police Station City Yamuna Nagar. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             OP no.2 appeared but did not file any written version after availing several opportunities including one last opportunities. Hence, the defence of the OP no.2 was struck off, vide order dated 20.01.2023 by this Commission.

4.             Parties then led their respective evidence.

5.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, cop of Aadhar card of complainant Ex.C1, copy of passbook Ex.C2, copy of statement of account dated 25.06.2019 and 26.06.2019 Ex.C3 and closed the evidence on 16.12.2021 by suffering separate statement.

6.             On the other hand, OP no.1 has tendered into evidence affidavit of Siba Parsad authorized officer of OP Bank Ex.OP1/A, copy of FIR Ex.OP1 and closed the evidence on 25.04.2023 by suffering separate statement.

7.             We have heard the learned counsel for the parties and have gone through the record available on the file carefully.

8.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that complainant is maintaining a saving bank account with the OP bank. On 18.06.2019, a sum of Rs.1,23,770/- was lying in the account of the complainant. On 25.06.2019 and amount of Rs.50,000/- and on 26.06.2019 an amount of Rs.50,000/-has withdrawn by unknown person through cheque from the account of complainant.  The complainant never applied nor received any cheque book. OP has encashed the abovesaid cheque without tallying the signature of the complainant and never consulted its record to verify that whether any cheque book were issued to the complainant or not. Due to this act of OP complainant has suffered a loss of Rs.1,00,000/- and lastly prayed for allowing the complaint.

9.             Per contra, learned counsel for the OP no.1, while reiterating the contents of written version, has vehemently argued that the Branch Manager, Punjab National Bank, Branch Railway Road Yamuna Nagar has got lodged an FIR no.335 dated 27.06.2019 under sections 420, 406, 467, 468, 471, 120 –B IPC in Police Station City Yamuna Nagar against the accused persons, which is still pending in the court of and lastly prayed for dismissal of the complaint.

10.           We have duly considered the rival contentions of the parties.

11.           It is evident from the FIR Ex.OP2 that OP had got lodged Criminal Case under sections 420, 406, 467, 468, 471, 120 –B IPC. As per version of the OP, the investigation of the Criminal Case is stilling pending. It is not a case of the complainant that police has completed the investigation and could not trace out the actual culprits. Hence, at this stage, the present complaint is premature and same deserves to be dismissed and same is hereby dismissed. No order as to costs. However, complainant is at liberty to file the fresh complaint after completion of the investigation by the concerned police, if so desired. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:17.05.2023                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                    Member                         Member