Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 113.

                                                          Instituted on     : 06.03.2019.

                                                          Decided on       : 27.01.2021.

Smt. Sudesh age 37 years, wife of Surender Singh, Pana-8, village Titoli Distt. Rohtak.

                                                                    ………..Complainant.

                             Vs.

Punjab National Bank, branch Titoli, Distt. Rohtak through its Branch Manager.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. RENU CHAUDHARY, MEMBER.

                    MS. TRIPTI PANNU, MEMBER.

Present:       Sh.Ramesh beniwal Legal-Aid-Counsel for the complainant.

                   Sh.Gulshan Chawla, Advocate for opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case are that the complainant  is consumer of opposite party bank  having account no.72179000100025041, in which the govt. of Haryana used to send her widow pension and she used to receive the same through this account from the respondent bank. Complainant suffered a great mental shock when she came to know that the respondent bank in an arbitrary and illegal manner has deducted an amount of Rs.6500/- on 24.01.2019 from the said account of the complainant. The complainant visited the opposite party bank and complained about the same  and requested to credit the alleged amount in her account.  The opposite party on checking their record had told the complainant that the alleged amount has been deducted by the respondent bank to recover the loan amount taken by the complainant under scheme Kalyani. The complainant being a widow lady has no other source of income and the deduction of alleged amount from the account of complainant is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to credit the amount of Rs.6500/- deducted by respondent alongwith interest in her account and also to pay compensation and litigation expenses to the complainant.

2.                 After registration of complaint, notice was issued to the opposite party who appeared and filed its written reply submitting therein that complainant is having a saving bank account bearing no.7217000100025041 with the opposite party. It is further submitted that an amount of Rs.6500/- has rightly been deducted from the alleged saving bank account of the complainant and has been credited in the loan account bearing no.7217008900001294 of the complainant as the complainant was in default of the loan installments.  The complainant had entered into a loan agreement Kalyani Scheme on 02.12.2015 wherein an amount of Rs.100000/- has been given to the complainant as a loan amount. The complainant being a defaulter and irregular in making the payment, an amount of Rs.6500/- has been rightly debited from her saving account and has been rightly credited in her loan account. The transfer of alleged amount from saving account to loan account has been done as per law of the land and as per agreement entered between the parties. There is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.  

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and has closed his evidence on dated 26.08.2020. Ld. counsel for the OP has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R7 and closed his evidence on dated 03.12.2020.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                After going through the file and hearing the parties, it is observed that an amount of Rs.6500/- has been deducted from the saving bank account of the complainant and has been credited in the loan account bearing no.7217008900001294 of the complainant by the opposite party. The contention of the opposite party is that the complainant was in default of the loan installments which was taken by the complainant under the Kalyani Scheme on 02.12.2015. Hence an amount of Rs.6500/- has been debited from her saving account and has been rightly credited in her loan account.

6.                          After going through the file and hearing the parties it is observed that the alleged amount of Rs.6500/- has been debited from the saving bank account of the complainant as per terms and conditions no.7 of the Agreement Ex.R3. Hence there is no deficiency in service on the part of opposite party. As such present complaint stands dismissed with no order as to costs.

7.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

27.01.2021.

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                                                          Nagender Singh Kadian, President

                                                                        ……………………………….

                                                                        Renu Chaudhary, Member.

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                                                          Tripti Pannu, Member.