Delhi

New Delhi

CC/205/2017

Virendar Prakash - Complainant(s)

Versus

Punjab National Bank & Anr - Opp.Party(s)

27 Jul 2018

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                                    (DISTT. NEW DELHI),

                                                        ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                             NEW DELHI-110001

 

                   Case No. 205/2017                                                          Dated:

                    In the matter of:

     Virendar Parkash

       A-4/32, Indraprastha Extension,

                   Delhi-92

…… Complainant

 

Versus

1.                 Punjab National Bank,

Through Branch Manager

Branch, N-46, Connaught Circus,

New Delhi-110001.

 

2.              Punjab National Bank,

Through Branch Manager

Mandawali Branch, Mandawali,

                       Delhi-92

 

                                                           …. Opposite Parties

ORDER 

 

        ARUN KUMAR ARYA -  PRESIDENT

 

The complaint has been filed under section 12 of the Consumer Protection Act 1986 alleging that the complainant has a savings bank account bearing number 1846000100069401 with the OP bank.  A cheque for Rs. 2000/- bearing number 100815 was deposited with the OP bank on 28/09/2015 which has not been credited to his account.  The statutory period for clearance of cheque is 24 hours.  It is alleged that the OP has deducted an amount of Rs. 258/- & Rs. 192.56P. on  03/04/2016 & 03/07/2016 respectively without any reason. It is also alleged that the OP Bank keeps his cheques for long time and dishonours them even though it has sufficient amount in the account. Photo copy of the pass book & cheque deposit receipt dated 28/09/2015 filed.  Deficiency in services and unfair trade practice is alleged against the OP and has prayed that:-

1. “It is therefore respectfully prayed that the directions may be issued to the OP to immediately make the saving bank account operational and deposit in the complainant account the amount illegally deducted of Rs. 860.98 with interest @24% on the above account.

 

2. To credit the amount of cheque of Rs. 2000/-deposited but not credited with 24% of interest from date of deposit 28/09/2015 till the date of realization of amount by the OP.

 

3. To pay Rs. 2 Lac/- exemplary damages for mental Torture, Physical harassment Hurting Reputation, by above actions on the part of bank as the minor penalty imposed by the DCF in the past has proved no deterrent to the OP bank.

 

4. To pay legal expenses of Rs. 25,000/-.

 

The OPs did not appear despite service of notice and was proceeded ex-parte on 06/07/2017. The complainant filed ex-parte evidence and written arguments.  The counsel for complainant also addressed oral arguments.

We have given due consideration to the material placed before us & the arguments of the complainant.  The testimony of the complainant remained un-rebutted as OP was proceeded ex-parte.  The photocopy of the pass book mentions the name of the account holder as VIRENDRA PRAKASH and the name on the deposit slip is VIRENDAR PRAKASH which shows difference in the spellings of the account holder and the name on the alleged cheque.  The complainant has not placed any document showing that the OP bank was ever contacted for clarification/reasons for not crediting of amount of the cheque allegedly deposited in his account.  Further, there is no document showing that the complainant ever sought clarification for alleged deduction from his account.  After a glance over the entries in the pass book it appears that the deductions have been made each with an interval of three months, and the complainant has stated to be unaware of the reasons there for nor he inquired from the bank.

In view of the above position we are of the considered view that there is apparent shortcoming in diligent persuasion of the alleged issues on the part of the complainant concerning his bank account and the alleged cheque.  To meet the ends of justice, it is ordered that the OP Bank shall clarify with reasons for the deductions made from the complainant and also with regard to the status of the cheque deposited by the complainant on 28/09/2015 with objections/reasons for not crediting in the complainant’s account within 30 days of the receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

 Announced in open Forum on  27/07/2018.

       The orders be uploaded on www.confonet.nic.in.

          File be consigned to record room.

 

 

  (ARUN KUMAR ARYA)

                             PRESIDENT

         (NIPUR CHANDNA)                                             (H M VYAS)

              MEMBER                                                           MEMBER