Haryana

Karnal

CC/534/2019

Rajinder Kumar - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Gurvinder Pal Singh

13 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  COMMISSION, KARNAL.

 

                                                         Complaint No. 534 of 2019

                                                          Date of instt.20.08.2019

                                                          Date of Decision 13.08.2021

 

Rajinder Kumar son of Shri Buta Ram, resident of house no.9, New Ramesh Nagar, near Arya Smaj Mandir, Durga Rice Mill, Karnal through his wife Smt. Usha being his next friend.

 

                                                 …….Complainant.

                                              Versus

 

Punjab National Bank, Jundla, District Karnal through its Branch Manager.

                                                                      …..Opposite Party.

 

Complaint Under section 12 of the Consumer Protection Act, 1986 as amended Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

 

 Argued by: Shri G.P. Singh counsel for complainant.

                    Shri Vedpal Dhull counsel for opposite party.

 

                    (Jaswant Singh President)

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 party (hereinafter referred to as ‘OP’) on the averments that complainant met with an accident on 26.07.2013 and suffered serious injuries. Because of impact of injuries, the complainant came to suffer paralysis and thus unable to write and put his signatures. This he filed the present complaint through his wife Smt. Usha.

2.             Further, the complainant is maintaining a Saving Bank Account no.3265000100036426 in Punjab National Bank, Jundla, District Karnal (OP) for the last so many years. The complainant is also having a locker no.63 in the said bank. The complainant is maintaining the abovesaid account jointly with his wife Smt. Usha and the mode of operation of the said account is either or survivor. However, the abovesaid locker is exclusively in the name of the complainant. The complainant approached the OP for operating the abovesaid locker. However, OP did not allow him to operate the said locker on the pretext that the complainant earlier used to sign and that the bank shall allow the complainant to operate the said locker only if he puts his signatures. Because of paralysis of right side his body, complainant unable to sign his signatures. Therefore, he requested the OP to allow him to put his thumb-impression for operating the said locker. However, the OP refused to do so. The complainant also got himself examined from the doctors at District Civil Hospital, Karnal and the Deputy Civil Surgeon, Karnal has issued a certificate no.120 dated 07.06.2016 to the complainant that the complainant is an old case of Road Side Accident with head injury and quadriparesis is unable to write. The complainant has given the copy of said certificate to the OP. However, the OP is still adamant and is not allowing the complainant to operate the locker. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version, raising preliminary objections with regard to maintainability. On merits, it is admitted fact that complainant is maintaining a saving bank account no.3265000100036426 in the bank of OP. It is also admitted fact that the complainant is also having a locker no.63 in the bank of OP and complainant is maintaining the abovesaid account jointly with his wife Smt. Usha and the mode of operation of the said account is Either or survivor. It is also admitted fact that the locker is exclusively in the name of the complainant. It is denied that complainant approached the OP for operating the locker and OP did not allow him to operate the same. If the complainant is really unable to put his signatures, still he can be allowed to operate the locker subject to establishing his proper identity by way of recognized identity documents such as PAN card, Aadhar card, voter card. If the complainant approached the OP alongwith the said documents, he may be allowed to operate the locker by putting his thumb impressions. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence affidavit of Usha wife of complainant Ex.CW1/A, copy of bank pass book Ex.C1, copy of disability certificate Ex.C2, copy of Aadhar card of Usha Ex.C3 and copy of Aadhar card of complainant Ex.C4 and closed the evidence on 22.02.2021 by suffering separate statement.

4.             On the other hand, OP tendered into evidence affidavit of Ravi Kumar Branch Manager Ex.OW1/A and closed the evidence on 10.08.2021 by suffering separate statement.

5.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             Learned counsel for complainant argued that the complainant met with an accident on 26.07.2013 and suffered various injuries and because of the impact of injuries, the complainant came to suffer from paralysis and thus, is unable to write and put his signatures. Complainant alongwith his wife is maintaining a joint saving bank account in PNB, Jundla, Karnal for the last so many years and complainant is also maintaining a locker in the above said bank which is exclusively in the name of complainant. Complainant approached OP for operating the said locker, but the OP did not allow the complainant to use the locker as the complainant is unable to put his signature, despite the request by the complainant to allow to use his locker by putting thumb-impression. He further argued that complainant also produced a copy of certificate issued by Doctors of Civil Hospital, Karnal, wherein it has been specifically mentioned that the complainant is an old case of road side accident with head injury and quadriparesis and is unable to write but despite that the OP has refused to operate the locker to the complainant. Hence, prayed for allowing the complaint.

7.             Per-contra, learned counsel for OP argued that the complainant is maintaining a saving bank account and is also having a locker in the bank, the complainant is maintaining the said account jointly with his wife and mode of operation of said account is either or survivor. The locker is exclusively in the name of complainant. He further argued that if the complainant is really unable to put his signatures, still he can be allowed to operate the locker subject to establishing his proper identity by way of recognized identity documents such as PAN, Aadhar Card, Voter Card and prayed for dismissal of complaint.

8.             Admittedly, the complainant alongwith his wife is maintaining a joint saving account with the OP. It is also an admitted fact that the complainant is also maintaining a locker with the OP, which is exclusively in the name of the complainant.

9.             The only grievance of the complainant, is that, the OP is not allowing him to operate the locker without putting signature as he is unable to put his signature due to paralysis. On the other hand, OP is ready to allow the complainant for operating the locker on establishing the documents such like as PAN card, Aadhar card, voter card.

10.           In view of the above facts and circumstances of the case, we disposed of the present complaint with the direction to the OP to allow the complainant to operate the locker in question on furnishing the documents as required by the OP. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:13.08.2021

President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

 

                (Vineet Kaushik)               

                        Member