Delhi

East Delhi

CC/119/2017

SARITA BHATIA - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

06 Feb 2019

ORDER

             DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092

                                  

                                                                                 Consumer complaint no.        119/2017

                                                                                               Date of Institution               07/04/2017

                                                                                               Order Reserved on              06/02/2019

                                                                                               Date of Order                       07/02/2019 

                                                                                                       

In matter of

Mrs. Sarita Bhatia    

W/o  Satish Kumar

R/o   337A, Ram Nagar,

Krishna Nagar Delhi 110051.……………….……..…………….Complainant

                                                                   

                                                                         Vs

The Branch Manager

Punjab National Bank

Krishna Nagar  Delhi 110051…………………………………….Respondent

 

Complainant  Advocate                      Mr. Man Mohan Sharma   

Opponent                                              Ex Parte    

 

Corum             Sh Sukhdev Singh       President

                         Dr P N Tiwari               Member                                                                                                    

                         Mrs Harpreet Kaur     Member

 

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                                                                                

Complainant’s husband aged above 70 years had saving bank account in OP bank vide saving account no. 0646000100245691 (Anne. A) and was maintaining sufficient balance in account. It was stated that complainant issued a cheque of amount Rs 490/- in favour of BYPL CA no. 10075998 on 25/01/2017 (Anne. B) for electricity bill (Anne. C) for the month of Jan 2017, but the cheque was dishonored by OP bank when BSES presented the same cheque through their Axix Bank account (Anne. D) with note that “Kindly contact Drawer Bank.” The OP bank deducted charges Rs 345/-and BSES also charged Rs 200/-for cheque dishonor. When complainant again presented the same cheque on 09/02/20177, OP bank again deducted 345/-as cheque bouncing charges when complainant had bank balance of Rs 6,04,649/-on 09/02/2017 (Anne, A/page 3) and was paying electricity bill regularly through cheque. Hence, complainant sent legal notice to OP 27/02/2017 for deficiency in their services (Ann. G) claiming refund of Rs 690/ deducted. When no reply was received filed this complaint and claimed crediting of Rs 890/-and compensation of Rs 20,000/-for damage to the reputation and mental agony with Rs 5000/-as legal expenses.

Despite of serving notices, OP did not appear, so proceeded Ex Parte. Complainant submitted Ex Parte evidence through his own on affidavit. He relied on evidence of Cheque issued to BSES (Anne. B & C) which was dishonored twice by OP bank though he had sufficient balance exhibited in OP bank account (Anne. A/ page 3). He also relied on evidence of BSES bill where she paid excess Rs 200/- besides normal monthly bill. As complainant’s evidences were on affidavit and not controverted, so presumed to be correct.

Argument were heard from Ld counsel of complainant, but OP neither put appearance nor submitted evidence or written arguments. After perusal of material on record, order was reserved. After going through all the facts and evidence on record, we have observed that CA connection was in the name of husband of complainant and complainant was paying monthly electricity bill regularly. By seeing the evidence, it has been seen that OP did not clear the cheque of 490/ despite of sufficient balance and not only this, OP deducted Rs 690/-without giving any specific reason twice. So, this clearly proves deficiency in the service of OP bank by which complainant suffered additional loss of Rs 200/-for depositing bill to BSES. That being so, we direct OP bank to refund a sum of Rs 690/- plus Rs 200/ paid to BSES extra (total Rs 890/) with 9% interest from the date of filing of complaint till realized. We also award compensation for harassment for a sum of Rs 10,000/-which shall include litigation charges also.

The order shall be complied in 30 days failing which complainant shall be entitled for same interest on entire awarded amount till realized. No other order to cost.

The copy of this order be sent to the parties as per the Consumer Protection Regulations, 2005 and file be consigned to the record room.

 

(Dr) P N Tiwari Member                                                                            Mrs Harpreet Kaur Member                                                                        

 

                                                Shri Sukhdev Singh President