DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No. 42 of 2016
Date of filing: 14.03.2016 Date of disposal: 07.04.2016
Complainant (s): 1. Sulekha Paramanik, W/o. Naru Paramanik, resident of Memari Hatpukur, Napitpara, PO. & PS: Memari, District: Burdwan, PIN – 713 146.
2. Sudeshna Paramanik (Minor), D/o. Naru Paramanik, represented by her natural guardian mother Sulekha Paramanik, resident of Memari Hatpukur, Napitpara, PO. & PS: Memari, District: Burdwan, PIN – 713 146.
-VERSUS-
Opposite Party: Punjab National Bank, Burdwan B.C. Road Branch, represented by its Branch Manager, having its office at B.C. road, Kalitala, PO. , PS. & District: Burdwan, PIN – 713 101.
Present: Hon’ble President: Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Appeared for the Complainant (s): Ld. Advocate, Suvro Chakraborty.
Order No. 03, Dated: 07.04.2016
Today is fixed for admission hearing of this complaint. The ld. Counsel for the complainants is present by filing hazira. The ld. Counsel for the complainants has also advanced of his argument on the factual aspect of the complaint. It is seen by us that this complaint is filed by the complainants u/S. 12 of the C.P. Act, 1986 alleging deficiency in service against the Op-Bank as the Op-Bank did not take any action to transfer the SB Account into a Fixed Deposit Account.
The brief fact of the case of the complainants is that they have filed a Title Suit before the ld. Civil Judge (Jr. Divn.) 2nd Court at Burdwan on 01.8.2011 which was registered being T.S. No. 96/2011, praying for restraining their husband/father from any transaction of money from the account bearing no. 0463420 lying with the Op. In the said Title Suit the Op was incorporated as Proforma Defendant. Upon hearing of the case the ld. Court was pleased to pass its order on 21.01.2015 whereby permanent injunction was given in respect of transaction of any amount from the said account. In this context it is pertinent to mention that the account bearing no. 0463420 so lying before the Op-Bank is SB Account and the same was opened by the father of the Complainant no. 2 in her name by showing himself as guardian and also deposited a sum of Rs. 1, 00,000=00 in the said account. It is stated in the complaint that after passing the order dated 21.1.2015 the Complainant no. 1 on several occasions requested the Op for treating the said SB Account as a Fixed Deposit Account for six years as the age of the Complainant no. 2 is of 12 years. Initially though the Op verbally assured the Complainant no. 1 that it will look into the matter but actually inspite of several requests they did not take any action. Moreover, the Bank did not bother to reply to the Complainant no. 1. Though the OP had knowledge about the order of the ld. Civil Judge (Jr. Divn.), dragged the matter for indefinite period. So being aggrieved and having no alternative the Complainant no. 1 sent a legal notice through her ld. Advocate to the OP on 10.12.2015 through speed post along with a photocopy of the birth certificate and certified copy of the order of the ld. Civil Judge (Jr, Divn.) 2nd Court, Burdwan, but to no effect. The OP did not take any action to transfer the amount lying the SB Account into a Fixed Deposit Account. The complainants are the bonafide customers of the Op and never committed any act detrimental to the interest of the OP. Inspite of this the OP did not bother to pay any heed to the request of the complainants. According to the complainants such inaction of the OP can easily be termed as deficiency in service as well as unfair trade practice for which it is liable to compensate the complainants. By filing this complaint the complainants have prayed for making direction upon the OP to treat the SB Account as Fixed Deposit Account for six years, to pay compensation to the tune of Rs. 20,000=00 due to mental pain agony and harassment and litigation cost of Rs. 10,000=00.
We have carefully perused the petition of complaint along with the order passed by the ld. Civil Judge (Jr. Divn.), 2nd Court, Burdwan and heard argument on behalf of the complainants on the point of its admissibility. During hearing one question cropped up in our mind i.e. how far this complaint is maintainable before this ld. Forum as there is an order of permanent injunction given by the Civil Judge (Jr. Divn.), 2nd Court, Burdwan. Admittedly, the complainants are the customer of the OP. Therefore, being a consumer of the OP, the complainants can approach before this ld. Forum, but there should be deficiency in service on behalf of the OP. In the C.P. Act it is specifically enumerated that a consumer can file a complaint before the Consumer Forum alleging deficiency in service, unfair trade practice and defects in goods. But in the instant complaint we do not find any deficiency in service on behalf of the Op-Bank. The complainants have failed to submit the relevant Banking rule whereby the Bank is empowered to treat a SB Account as a Fixed Deposit Account or drawing the amount from the SB Account the Bank can suo moto open a Fixed Deposit Account. Moreover, where there is an order passed by the Civil Court we cannot bypass the same. As permanent injunction order has been given the complainants are under obligation to abide by the said order. Hence, the instant Consumer Complaint has no merit at all because we cannot/we have no authority to direct the Bank either to treat the SB Account as a Fixed Deposit Account or transfer the money lying with the SB Account into a Fixed Deposit account suo moto. So we are not inclined to admit it.
Going by the foregoing discussion hence, it is
O r d e r e d
that the Consumer Complaint being no. 42/2016 is hereby dismissed being not admitted. There is no order as to costs.
Let a plain copy of this order be supplied to the complainants free of cost as per provisions of Consumer Protection Regulations, 2005.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Silpi Majumder)
Member
D.C.D.R.F., Burdwan
(Silpi Majumder)
Member
D.C.D.R.F., Burdwan
