Complaint No: 261 of 2019.

                                                          Date of Institution: 16.08.2019.

                                                                   Date of order: 11.12.2023.

Sukhjinder Singh Son of Sh. Jagjit Singh, resident of Village Tatley, P.O. Dehriwal Daroga, Tehsil and District Gurdaspur. Pin Code – 143518.

                                                                                                                                                                           Complainant.                                                                                                                                                                                                                                                                                                                                                                                                     

                                                                                       VERSUS

1.       Punjab National Bank, Branch Qadian, through its Branch Manager. Pin Code – 143516.

2.       Punjab National Bank, Head Branch Kapurthala, through its Manager. Pin Code – 144601.

                                                                                                                                                           ….Opposite parties.

                                                  Complaint U/s 12 of the Consumer Protection Act.

Present: For the Complainant: Sh.U.R. Sharma, Advocate.

               For the Opposite Parties: Sh.Suresh Kumar, Advocate.    

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Bhagwan Singh Matharu, Member.

          Sukhjinder Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act (here-in-after referred to as 'Act') against Punjab National Bank Etc. (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that the complainant opened his Saving Bank Account with the OP No. 1 bearing No. 0396001500029366. It is pleaded that the OP No. 1 illegally deducted the amount of Rs.5,000/- from the account of complainant on 24.07.2019 vide three different entries and each of Rs.1721.70/-. It is pleaded that complainant when came to know about the said illegal deduction, he immediately approached the OP No. 1 and asked the OP No. 1 regarding the above said entries and the OP No. 1 said to the complainant that the complainant has withdrawn the amount through ATM and when the complainant requested the OP No. 1 that Rs.1721.70/- cannot be withdrawn from ATM Machine as the ATM Machine carried the Notes not the Coins / Paisa and on this the OP No. 1 assured the complainant that the said deduction is result of clerical mistake and they will correct the same in few days. It is further pleaded that thereafter, the complainant moved an application in writing regarding the above said matter to the OP No. 1, but the OP No. 1 has not taken any action till to date. It is further pleaded that on 25.07.2019 the OP No. 1 again deducted the amount of Rs.3,000/- something from the above said saving account of the complainant and till to date the OP No. 1 has deducted total amount of Rs.17,581.85/- from the above said saving account of the complainant. It is further pleaded that earlier the OP No. 1 deducted an amount of Rs.5,000/- from the account of complainant and now the account of the complainant is showing balance amount in minus as Rs.17,581.85/-. The complainant never withdrew the amounts in question from his account. It is further pleaded that act of the opposite parties in which the opposite parties deducted the amount of Rs.5,000/- and now showing the account of the complainant in minus Rs.17,581.85/- is illegal, null and void and against the law and instructions and there is a deficiency in the service of the opposite parties. It is further pleaded that the complainant has requested the opposite parties to correct the account of the complainant and delete the illegal entries from the account of the complainant regarding the illegal deduction of Rs.5,000/- and showing the balance account of the complainant in minus of Rs.17,581.85/-, but the opposite parties refused to admit the claim of the complainant. It is pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is pleaded that there is a clear cut deficiency in service on the part of the opposite parties.

          On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to correct the entries regarding the deduction of the amount of Rs.5,000/- and entry showing the balance in minus of Rs.17,581.85/- of complainant and they be also directed to pay compensation an amount of Rs.50,000/- on account of deficiency in service and illegal harassment to the complainant, in the interest of justice.

3.       Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complainant has guilty of concealment of material facts from this Hon'ble Court, hence not entitled to any relief. Thus, the complaint is liable to be dismissed on this ground. It is pleaded that the complainant has account bearing No. 039601500029366 with the OP No. 1 and has also got issued the Debit Card bearing No. 557269000390126 from the OP No. 1, which he was using and has made the several transactions since its issuance. It is further pleaded that on 24.07.2019, the complainant made a complaint regarding the payment of Rs.5,000/- from his account with the OP No. 1. On 25.07.2019, the complainant has made a demand of entry of the statement of account w.e.f 01.07.2019 to 25.07.2019. The OP No. 1 has reported the matter to the OP No. 2, regarding the complaint of the complainant, through E-mail on 29.07.2019 and the OP No. 2 has replied that as per the Master Card norms please wait of 45 days from the date of chargeback for complete resolution of the complaint. It is further pleaded that this fact has been narrated to the complainant and also requested him to please wait for the 45 days for their reply from the higher authorities but the complainant was so adamant that he has made a huge and cry in the premises of the OP No. 1 and has made the video of the premises of the bank and also threatened the Chief Manager of the OP No. 1 to face the dire consequences within short time. It is further pleaded that this matter was also reported to the Police Station, Qadian on 16.08.2019. When the matter was put before the S.H.O, Police Station Qadian, and the complainant has realized that he is wrong and has immediately filed the present false and frivolous complaint against the opposite parties. It is further pleaded that now the OP No. 1 has received the detail of the transactions made by the complaint i.e. booking of the rooms through the debit card bearing No. 557269000390126 at Malaysia. It is further pleaded that the amount of Rs.5,000/- is automatically deducted from the account of the complainant of which he has booked the rooms at Malaysia.

On merits, the opposite parties have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.

4.       Learned counsel for the complainant has filed an affidavit of Sukhjinder Singh, (Complainant) alongwith other documents as Ex.C-1 to Ex.C-4.

5.       Learned counsel for the opposite parties has tendered into evidence affidavit of Sh. Rajinder Kumar, (Senior Branch Manager, Punjab National Bank, Qadian, Gurdaspur) as Ex.OP-1/A alongwith other documents as Ex.OP-1 to Ex.OP-5 alongwith reply.

6.       Rejoinder filed by the complainant.

7.       Written arguments filed by the opposite parties but not filed by the complainant.                                

8.       Counsel for the complainant has argued that opposite party No.1 illegally deducted Rs.5,000/- from the account of the complainant on 24.07.2019 vide three different entries and on enquiry it was disclosed that the amount has been withdrawn through ATM. It is further argued that amount of Rs.1721.70 cannot be withdrawn through ATM machine. It is further argued that on 25.07.2019 amount of Rs.3,000/- was again deducted and in this way balance in minus of  Rs.17581.85 has been shown which is required to be refunded.

9.       Counsel for the opposite parties has argued that complainant has got issued the debit card and was using the same for several transactions and on 24.07.2019 payment was made by the complainant from his account. It is further argued that on 25.07.2019 complainant demanded statement of account and the opposite parties requested the complainant to wait for 45 days but the complainant failed to wait and created a scene in the bank and on matter having been reported to the police has filed the present complaint. It is further argued that the debit card of the complainant was used for booking of rooms in Malaysia on five different dates in the name of Gurcharan Singh, Harpreet Singh, Rmandeep Singh, Angrej Singh, Amarjit Singh, Harpreet Singh and again by Harpreet Singh.

10.     We have heard the Ld. counsels for the parties and gone through the record.

11.     It is admitted fact that complainant is having saving account with opposite party No.1. It is further admitted fact that Rs.5,000/- was deducted from the account of the complainant on 24.07.2019. The only disputed issue for adjudication before this Commission is whether the transactions have been made by the complainant. Perusal of record shows that the debit card owned by the complainant was used for booking of rooms in Malaysia in different names. Moreover, it is not the case of the complainant that complainant had not gone to Malaysia or did not used his debit card. Moreover, the complainant has not even placed on record his passport to prove this fact that he had never gone to Malaysia or used debit card for the alleged transactions. We are of the view that since the debit card was in possession of the complainant and any booking or payment through said debit card can be made through online transactions after OTP having been generated, which is to be received by the complainant on his registered mobile number and only then the payment can be successfully transferred. 

12.     As such we do not find any merit in the present complaint and is ordered to be dismissed with no order as to costs.      

13.      The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

14.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.  

                               (Lalit Mohan Dogra)

                                                                         President   

Announced:                                          (B.S.Matharu)

Dec. 11, 2023                                                Member

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