Punjab

Ludhiana

CC/21/189

Shubhjeet Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

complaint in person

15 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:189 dated 05.04.2021.                                                         Date of decision: 15.02.2022.

 

Shubhjeet Singh S/o. Manjeet Singh, R/o.538, Street No.1, Harcharan Nagar, Near Shingar Cinema, Ludhiana.                                                                                                                                                          ..…Complainant

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1. Punjab National Bank (previously called Oriental Bank of Commerce), SSI Branch, Cheema Chowk, Ludhiana, Punjab-141001 through its Branch Manager.  
2. Punjab National Bank, H.O. Plot No.4, Sector-10, Dwarka, New Delhio-110075 through its authorized signatory.                                                                                                                     …..Opposite parties

                             Complaint under section 12 of the Consumer Protection Act

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. M.S. Sethi, Advocate

For OPs                          :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Bereft of the unnecessary details, the case of the complainant is that he maintains a savings account with OP1. After having completed his law graduation, the complainant wanted to get himself enrolled as an Advocate with Bar Council of Punjab and Haryana for which he required five demand drafts in the name of Bar Council of India as well as Bar Council of Punjab and Haryana. On 08.03.2021 at 11 AM, the complainant approached OP1 for issuance of five demand drafts. An official of OP1 asked the complainant to come at 04.00 PM. The complainant again approached OP1 at about 03.00 PM for preparing the demand draft and also filled the requisite form. The payment of the cheques were deducted from the account of the complainant. In addition to that, OP1 also deducted Rs.59/- on account of commission/charges as well as amount of Rs.1000/- against cheque No.030514. However, OP1 failed to issue the demand draft though the complainant kept waiting till 05.20 PM on 08.03.2021. He was advised by an official of OP1 to come next day i.e. on 09.03.2021 at 10.30 AM. The complainant again went to OP1 bank on 09.03.2021 and waited till 11.55 PM, but demand drafts were neither prepared nor issued and an official of OP1 advised the complainant to visit Miller Ganj, Ludhiana for collecting the demand draft. In the meanwhile, the complainant had hired a taxi for a sum of Rs.3000/- to visit Chandigarh and back for submitting necessary papers with the demand draft  with the Bar Council Of Punjab and Haryana. As, advised, the complainant refused to go to Miller Ganj branch. The complainant further asked OP1 to credit back the demand draft amount in his account. The complainant also sent email dated 09.03.2021 to OPs highlighting his harassment. Thereafter, the complainant got prepared demand drafts from another branch of OP2 situated at Feroze Gandhi market on 10.03.2021 and at the said branch, demand drafts were issued within 15 minutes against cheque No.030517 to 030521. The complainant further requested the OPs vide email dated 12.03.2021 that he has got DDs issued from Punjab National Bank, Feroze Gandhi market and now he did not need demand drafts applied for with OP1 and his request for issuing demand drafts be cancelled and the money deducted be transferred into his account without any further delay, but the amount was not refunded to the complainant. The complainant received email communication dated 17.03.2021 from OP2, but no further response was received from the OPs. Subsequently, OP1 credited back the amount of the demand draft in his account on 20.03.2021, but they levied cancellation charges of Rs.118/- for the transaction. As a result, the complainant again sent an email dated 20.03.2021 requesting to waive illegal cancellation charges. In this manner, it is evident that there has been acute deficiency of service on the part of the OPs for not promptly issuing the demand draft and for wrongfully deducting the commission of Rs.59/- for preparing demand draft and cancellation charges of Rs.118/-   for transaction. In the end, it has been requested that the OPs be directed to refund the service charges of Rs.59/- and cancellation charges of Rs.118/- deducted against the demand draft along with interest @12% per annum with compensation of Rs.50,000/- and litigation expenses of Rs.11,000/-.

2.                Upon notice, the OPs did not appear despite service and were proceeded against exparte.

3.                In exparte evidence, complainant submitted her affidavit Ex.CA along with documents Ex. C1 to Ex.C12 and closed the evidence.

4.                We have heard the counsel for the complainant and have also gone through the record on the file very carefully.

5.                In nutshell, the grievance of the complainant is that he applied for issuance of demand draft of Rs.1000/- and he paid the said amount by way of cheque to OP1 on 08.03.2021, but OP1 did not issue the demand draft on that date and was asked to come on 09.03.2021. Even on 09.03.2021, the complainant waited for issuing of the demand draft which was not issued till afternoon and thereafter, he was asked to visit Miller Ganj branch for collection of demand draft. As the complainant urgently need demand draft, he got the same issued from Feroze Gandhi Market of OPs on 12.03.2021 and requested OP1 to cancel his request for issuance of demand draft and refund the amount of the cheque and commission. However, OP1 instead of refunding the amount of the cheque, illegally charged Rs.59/- on account of service charge and Rs.118/- on account of cancellation charges. The demand draft was not issued in time and as such, deduction of the amounts of Rs.59/- and Rs.118/- does not appear to be justified  and it clearly amounts to deficiency of service. In our considered view, it would be just and proper if the OPs are made to refund the charges of Rs.59/- + Rs.118/- along with a composite cost of Rs.1,000/-.

7.                As a result of above discussion, the complaint allowed exparte with an order that the OPs shall refund the amount of Rs.59/- + Rs.118/- to the complainant within 30 days from the date of receipt of copy of the order. OPs shall further pay a sum of Rs.1,000/- (Rupees One Thousand only) as composite compensation to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

8.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:15.02.2022.

Gobind Ram

 

 

Shubhjeet Singh Vs Punjab National Bank           CC/21/189

Present:       Sh. M.S. Sethi, Advocate for complainant.

                   OPs exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint allowed exparte with an order that the OPs shall refund the amount of Rs.59/- + Rs.118/- to the complainant within 30 days from the date of receipt of copy of the order. OPs shall further pay a sum of Rs.1,000/- (Rupees One Thousand only) as composite compensation to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:15.02.2022.

Gobind Ram