Haryana

Karnal

CC/204/2017

Surender - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Satish Arora

06 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.204 of 2017

                                                         Date of instt. 16.06.2017

                                                         Date of decision:06.03.2018

 

Surender son of Shir Ganga Ram resident of House no.9/968, old Grain Market, Karnal.

                                                                                                                                                                        …….Complainant.      

                                        Versus

 

Punjab National Bank, Branch at G.T. Road, Karnal through its Branch Manager.

 

                                                                     …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jagmal Singh……President.

              Ms. Veena Rani…….Member

      Sh. Anil Sharma…….Member

             

 

 Present  Shri Satish Arora Advocate for complainant.

               Opposite party exparte.

               

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant was having a saving bank account no.0259000100589533 which was closed due to some unavoidable reasons. An amount of Rs.3000/-+Rs.1000/- were deposited on 2.8.2014 in the closed account no. 0259000100589533 by Mr. Sita Ram Yadav through the CDM machine at Mumbai but that amount has not been credited in the account of complainant by the bank. Complainant visited the office of OP so many times and requested for crediting the amount but the OP advised the complainant for getting opened new account as the aforesaid amount will not be credited in the closed account and then as per advise of OP the complainant got opened a new saving account no.0259000100678581 on 30.10.2014. But inspite of opening the new account the abovesaid amount not credited by the OP in the new account of complainant. In the end of December, 2014 the OP advised the complainant to go to Mumbai branch at Khargarh for crediting the said amount and according he visited the aforesaid bank. Said Branch Manager asked the complainant to contact the local branch and that branch can confirm the payment from our branch through e-mail and confirm the same. Complainant then contacted the OP and requested for making confirmation of said amount but nothing has been done by the OP. Then complainant moved an application dated 10.7.2015 to the OP and requested him to credit the abovesaid amount. OP instead of confirming the said amount through e-mail made endorsement on the application and asked the complainant to visit again to Mumbai branch for crediting the said amount and complainant again visit to Mumbai branch but that branch denied to accept the endorsement and wrote letter dated 21.12.2015 to the OP for making confirmation whether the abovesaid two accounts relates to one and the same person. But the OP has not credited the said amount. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to OP, Shri Bhavishag Sahni appeared on behalf of OP. On 24.10.2017 when the case was fixed for filing written statement on behalf of OP which was the last opportunity for filing the same but none has appeared on behalf of OP, hence exparte proceedings are initiated against it vide order dated 24.10.2017.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4 and closed the evidence on 16.1.2018.

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

5.             From the pleadings and evidence of the complaint, it is clear that complainant was having a Saving Bank Account no. 0259000100589533 which was closed on 2.8.2014 and one Mr. Sita Ram Yadav deposited Rs.31000/- (i.e. Rs.30000/-+1000/-) through CDM Machine at Mumbai in the said account but the said amount could not be credited into the above account of complainant as the account was already closed. The complainant contacted the OP and the OP advised him for getting open new account. Accordingly the complainant got opened a new saving account no.0259000100678581 with the OP branch on 30.10.2014 but inspite of that the OP has not credited the said amount into account of complainant. On the advice of OP, in December 2014, complainant visited the Mumbai Branch at Khargarh for crediting the said amount into his account. The Mumbai branch asked the complainant that local branch can confirm the payment through e-mail from our branch. Accordingly, the complainant then asked the OP but nothing was done by the OP.

6.             After waiting sufficiently, the complainant moved an application Ex.C1 on 10.07.2015 to OP for the credit of said amount in his account no.0259000100678581 as both the accounts relates to him. The OP instead of confirming the amount on e-mail, made endorsement on the application Ex.C1 and asked the complainant to visit again Mumbai Branch. But when the complainant visited again at Mumbai Branch, that branch denied to accept the endorsement and wrote letter dated 21.12.2015 to OP for making confirmation. The OP has not care for the said letter. The version of complainant that he got opened new saving account with OP is proved from the copy of pass book Ex.C4. The contention of moving application and the OP made endorsement on it is proved from Ex.C1. The complainant has also produced the copy of letter dated 21.12.2015 as Ex.C2 written by Mumbai Branch to OP. Besides these documents, the version of complainant is supported by his affidavit. On the other hand, OP did not appear and opted to be proceeded against exparte. The evidence produced by the complainant goes unchallenged and unrebutted so there is no reason to disbelieve the same. In these circumstances of the case, we are of the considered view that OP has failed to provide services to the complainant and hence the OP is deficient.

7.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to credit Rs.31000/- in the saving account no. 0259000100678581 of the complainant after collecting the same from Mumbai branch. We further direct the OPs to pay Rs.11000/- on account of mental agony, harassment and litigation charges. This order shall be complied with within 30 days from the receipt of copy of this order failing which the complainant is entitled for interest @ 8% per annum from the date of order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:06.03.2018

                                                               

                                                                 President,

                                                        District Consumer Disputes

                                                        Redressal Forum, Karnal.

 

 

                        (Veena Rani)       (Anil Sharma)         

                          Member                 Member