Haryana

Ambala

CC/49/2021

Ms Annapurna Agency - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Pawan Kumar Goel

17 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	49 of 2021
Date of Institution	:	25.01.2021
Date of decision	:	17.02.2023

M/s Annapurna Agency, Hissar Road, near Manav Chowk, Ambala City through its Proprietor Sh. Anoop Aggarwal son of Late Sh. Pawan Aggarwal.

          ……. Complainant.

                                                Versus

1. Punjab National Bank, Branch at Model Town, Ambala City through its Chief Manager.
2. Chief Complaint Officer, PNB Head Office, Plot no.4, Sector-10, Dwarka, New Delhi-110075.
3. Chief Complaint Officer, SBI, Local Head Office, Hoshangabad Road, Bhopal, M.P. 462011.
4. State Bank of India, Khandwa Branch, PB no. East Nimar, Pin-450001 (M.P.).

   ….…. Opposite Parties

Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri P.K. Goel, Advocate, counsel for the complainant alongwith                Shri Anoop Aggarwal, Proprietor.

                    Shri S.C. Jaiswal, Advocate, counsel for the OPs No.1 and 2.

                    Shri Shubham Aggarwal, Advocate, counsel for the OP No.3 and 4

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) and thereafter filed the amended complaint, praying for issuance of following directions to the OPs:-

(i) To return amount of Rs. 10,00,000/- alongwith interest @ 18% p.a. (as per rate of CC limit) from date of wrongful transfer till its realization (i.e. Rs.8,00,000/- on 25.01.2018 and Rs.2,00,000/- on 01.02.2018).

(ii) To pay Rs.7,00,000/- as compensation/damages on account of physical and mental harassment besides Rs.8,00,000/- for causing financial losses as well as for rendering deficiency in service and also Rs.30,000/- as litigation expenses.

(iii) Grant any other relief which this Hon’ble Commission may deems fit.

2.             Brief facts of the case are that Shri Anoop Aggarwal, started his business under the name and style of M/s Annapurna Agency Hissar Road, near Manav Chowk, Ambala City  for earning his livelihood and the same is only source of his income. The complainant is having account in the bank maintained with OP No.1 and is also having CC Limit upto 30 Lakhs rupees. The complainant intended to do the business of products of Patanjali Ayurved Ltd. and as per the communication between the complainant and the said company, the complainant had paid a sum of Rs.22,500/- to Patanjali Ayurved Ltd. on 20.09.2017 through NEFT from the OBC Bank. Thereafter complainant received a letter to deposit security amount. As such, the complainant through OP No.1 paid a sum of Rs.8 Lakhs to Patanjali Ayurved Ltd. on 25.01.2018 and Rs.2 Lacs was also paid to Patanjali on 01.02.2018 and in this manner total amount of Rs.10,00,000/- were sent through NEFT from OP No.1 to Patanjali Ayurved Ltd.. The aforesaid NEFT of Rs.10,00,000/- (Rs.8 lacs plus Rs.2 lacs) was made to Pantajali Ayurveda Ltd. Khandwa (M.P.) in the account No. 37099446832 IFS Code SBIN0000408 on 25.01.2018 and 01.02.2018 and the said fact was given in writing to the above said concerned Bank Branch and the Bank Voucher was also prepared by the  Employee named NITI of OP No.1 who is a loan officer of the concerned Bank. The complainant after mortgaging the property obtained an amount of Rs.30,00,000/- (C.C. Limit) + Rs.13,60,000/- (Building Loan) from PNB, Branch Model Town Ambala City. An amount of Rs.2,40,000/- as 25% margin money was deposited in CC Limit account in starting with PNB Bank.
3.           However, the above said amount of Rs.10,00,000/- were put in the wrong name account by OPs No.1 and 2, for which the complainant informed OP No.1 vide letter dated 8.2.2018 to the Chief Manager, Sh. K.C.Bhatia and Ashok Passi, Loan Audit Account Officer but to no avail.  Since over the time, the above said amount of Rs.10,00,000/- has not been returned back in the account of the complainant. However, the bank now wants to auction the property of the complainant illegally and malafidely and the concerned officers/staff in spite of repeated several requests to them are not hearing any painful voice of the complainant. The transaction of NEFT is automatic on the line system. Manual transaction was made in the wrong account in the name Abhishek Lone M.P.Khandwa illegally instead of Patanjali Ayurveda Ltd. The Chief Manager K.C. Bhatia was also made to talk on telephone with the Patanjali Ayurveda Ltd. through the mobile of the complainant in the matter and also asked the details of Patanjali Goods items. In response, they sent the invoice of the said goods through P.D.F. on line to Sh. K.C. Bhatia. Bank was made N.E.F.T. of Rs. 4,00,000/- but they made the NEFT only of Rs.2,00,000/- on 1.2.2018. An F.I.R. no. 37 (Annexure C-11) dated 05.02.2018 u/s 406/420 IPC, P.S. Ambala City was also lodged. On 8.2.2018, Shri K.C. Bhatia, Ashok Passi along with the complainant went in the SBI, Branch Model Town, Ambala. City which is adjacent to Punjab National Bank, Branch Model Town, Ambala: City and they also verified the transaction of NEFT of Rs.10,00,000/- and found to be sent in wrong account of Abhishek Lone and also Ashok Passi told to the complainant that he will give a letter to the Punjab National Bank, Branch at Model Town, Ambala City and further assured that the above said amount of Rs.10,00,000/- will be credited in the account of the complainant. Resultantly, Ashok Passi wrote a letter from the side of complainant, in the name of Chief Manager of concerned Bank and Chief Manager K.C.Bhatia also called C.A. who checked and verified the letter and gave back to Manager. The complainant then signed the said letter and got a copy of the same with him. Sh. K.C.Bhatia, Ashok Passi and C.A. took 3 blank cheques from the complainant duly signed by him (complainant). The NEFT amount referred in the above going paras was HOLD in the sundry account of SBI Khandwa due to RBI guidelines as account name of NEFT amount was mismatched and thereafter it was manually transferred by SBI Staff of Khandwa Branch in the account of Mr. Abhishek Lone instead of Patanjali Ayurved Ltd. in SBI Khandwa. All the facts mentioned above shows that there was a criminal conspiracy between the OPs to cheat the complainant.. Even the police also after lodging of FIR has inquired and investigated the matter. The OP NO.4 ought to have returned back the said amount in same bank account through which it was transferred. Thereafter complainant has been writing to the OPs as well as to the High Authorities and to the Ombudsman Chandigarh who has replied that the dispute in respect of Rs.22,500/- has been settled and the said amount has been credited in the account of the complainant by OBC bank (which was earlier transferred to in wrong name account being mismatched) but the amount of Rs.10,00,000/- has not been transferred in the account of the complainant.  The complainant firstly issued cheque book on 24.05.2018 to make NEFT of Rs.1,60,000/- in the name of HAFED Haryana from OP No.1 but it lingered on the matter.  Later on the complainant was shocked to know that instead of issuing NEFT of Rs.1,60,000/- despite being CC limit of Rs.30,00,000/- and there was debit of amount below Rs.8,00,000/- in said account, no NEFT was issued and rather, account was wrongly declared NPA. The complainant earlier also filed an application in PLA, Ambala on the same cause of action but had withdrawn the same on technical grounds to file a fresh case with the permission of the presiding officer of PLA, Ambala. Thereafter, the complainant also filed a complaint to this Hon'ble Commission and withdrew it on technical grounds to file the same later on.
4.           On 19.06.2018, Mr. R.K.Gupta alongwith Ashok Passi official of the OP no.1 came to complainant and stated that computer of bank either demands stock statement or 25% margin money of Rs.10,00,000/- for NEFT to Patanjali Ayurved Ltd.. Since it was a new business started by complainant so there was no stock statement available and thus, complainant deposited margin money of Rs.2,40,000/- on 25.01.2018. It was totally wrong on part of OP no.1 to demand stock statement as NEFT amount was sent to Patanjali Ayurved Ltd. for ordering stock for new business which was never sent by Patanjali Ayurved as they did not receive NEFT payment due to wrong manual transfer by SBI staff of OP no.4. Thus, OP no.1 wrongly declared account of complainant as NPA when stock even was not received by complainant. A civil suit is also filed in this respect of wrong declaration of NPA against OP no.1 which is a separate matter and present matter is related to wrong transfer of Rs.10,00,000/- and then not returning back in account of complainant. Due to illegal acts of PNB and SBI officials, the complainant has been blacklisted as the said NEFT amount of ten lakh rupees was never transferred into Patanjali Ayurveda Ltd. which was sent for receiving stock and account of complainant has been wrongly declared as NPA.  Complaint was also made to Ombudsman and RBI department and higher officials of PNB and SBI but of no avail. The PNB, Branch Model Town Ambala City illegally and malafidely wants to sell the property of complainant but the above said illegal recovery should be recovered from the offenders of Bank officers and staff responsible for this who also played a fraud with complainant. In the compelling circumstances, the complainant submitted a complaint to lodge a FIR against the above said offenders of the concerned Bank PNB, Branch Model Town, Ambala City and SBI bank officials but police officials by manipulation saved officials of both banks. The documents received on 01.12.2020 which were submitted by the police after investigation in criminal case also revealed that firstly, OP no.1 transferred through NEFT, amounts of Rs.8,00,000/- and Rs.2,00,000/- respectively from complainant account no. 0521008700003859 for transferring the same into account no. 37099446832 of Patanjali Ayurveda Ltd. as per letter of OP no.1 dated 19.02.2018 and then vide its letter dated  23.03.2018, the OP No.I gave documents and writing to Police and informed that said amount of above ten lakhs rupees have been credited in above said SBI account of M/s Patanjali Ayurved and the rest of details could be known only from SBI that how it was transferred in account. Further documents of E-Mails inter se correspondence of Bank and audit reveals that inspite of repeated reminders of PNB through Email to SBI, branch office of Khandwa has not reimbursed the amount of NEFT of Rs.8 lakhs and Rs.2 Lakhs till date. Further, in April, 2018, the police collected the detailed documents through investigation and in February, 2019, the account statement was given to police by HDFC Bank also and investigation was carried out at length. A big fraud has been played with complainant. Hence this complaint.
5.           Upon notice, the OP No.1 and 2 appeared and filed written version and raised preliminary objections with regard to maintainability, not come with clean hands and suppressed the true facts, complex issues of law and facts are involved, in this case and this Hon’ble Commission has no jurisdiction to decide the matter etc.  On merits, it has been stated that the complainant obtained term loan of Rs.13,60,000/- as well as Cash Credit Limit of Rs.30,00,000/- on 27-11-2017. The Complainant did not fulfill the terms and conditions as agreed upon and committed default in paying the installment amount and irregularized his account and the said loan accounts were declared as NPA on 30-6-2018. OP No.1 and 2 initiated SARFEASI proceedings against the mortgaged property. In the month of June 2018, the Complainant deliberately filed a petition against the Punjab National Bank and others for the settlement of the dispute under section 22c of the Legal Services Authority Act, 1987 in order to delay and defeat the move invoking SARFEASI Act against the mortgaged property but the Complainant failed in his game plan to get any relief and he withdrew the said case on 01-02-2019 from Permanent Lok Adalat-Public Utility Services Ambala. Not only this, the Complainant filed an application dated 28-6-2019 for stay of SARFEASI proceedings against the mortgaged property in the court of Debts Recovery Tribunal, Chandigarh against bank but he failed to get any stay from the said court. Thus the matter is subjudiced before Debt Recovery Tribunal, Chandigarh. Hence the present complainant is liable to be dismissed on this ground. OPs No.1 and 2 bank has already invoked the provision of SAREEASI Act and filed the recovery suit for Rs 25,30,008-88 against the Complainant in the court of Debt Recovery Tribunal-II, Chandigarh in September 2019. The complainant malafiedly filed suit No.212 dated. 16-3-2020/5-5-2020 titled as Annapurna Agency vs Punjab National Bank. The complainant sought the stay not to take physical actual possession of the mortgaged property, but the Court of MS. Nidhi Beniwal Civil Judge, Junior Division, Ambala dismissed the stay application of the Complainant vide order dated. 23-3-2021. However the appeal against said order is pending in the court Sh. Rohit Vatts Additional District Judge, Ambala. In another Suit the complainant through his alleged tenant Harinder Singh got filed a suit No.1081 of 2019 titled as Harinder Singh vs. Anoop Aggarwal and Punjab National Bank for Injunction restraining the defendants/ Punjab National Bank from interfering and taking possession of the demised premises, and the said suit was also dismissed as withdrawn on 7-4-2021.  OPs No.1 and 2 remitted the amount Rs.8,00,000 & 2,00,000/- in the account No. 37099446832 as per requests and desire of the complainant. Fraud was committed by certain persons such as Anoop Kumar Verma against whom the complainant himself lodged the FIR No.37, dated 5-02-2018 with Police Station, Ambala City. The Police after thorough investigation submitted its final report on 05-04-2019 and the trial against Anoop Kumar Verma son of Shri Alakhdev Parshad has begin and evidence is being recorded in the court of Judicial Magistrate Ambala. NEFT/RTGS is portal provided by Reserve Bank of India for Inter Banking Transaction, this system identifies only the account number and IFSC Code for transfer of the funds. Thus the amount was transferred through NEFT/RTGS to the account number and IFSC Code provided by complainant. The Transferor Bank cannot see the name of the transferee on the NEFT portal and this so happened in the case of the complainant. OPs No.1 and 2 could not see the name of the account holder of SBI, Khandwa where the amount was transferred. The point in issue is the same which is pending in the Civil suits and other proceedings filed by the complainant as well as in the suit for recovery pending before the Debt Recovery Tribunal, Chandigarh. Beside this the Criminal Case lodged by the complainant about the alleged fraud is pending and trial has commenced in the court of Judicial Magistrate Ambala and as such the matter is also subjudice with the Court. Moreover the complaint is barred by time. The account was declared NPA in June 2018 as SARFEASI proceedings against mortgaged property was initiated in 2018. Such like complicated issues are not to be entertained by this Commission. There is no Jurisdiction with the court to entertain and decide the complaint. Rest of the averments of the complainant were denied by the OP No.1 and 2 and prayed for dismissal of the present complaint with costs.
6.           Upon notice, OPs No.3 and 4 appeared and filed written version and raised  preliminary objections with regard to maintainability, cause of action, not come with clean hands and suppressed the true and material facts etc.   On merits, it has been stated that the facts mentioned in Complaint are totally contrary to the contents of FIR lodged by the Complainant with PS Model Town Ambala City, wherein he alleges that a fraud has been played upon him by a person who represented himself as authorized representative of Pantanjali Ayurved and upon believing him the complainant deposited Rs. 10 Lakhs in that bank account. Since the NEFT transaction is a process always initiated by the transferring customer and bank, therefore the OP No. 3 and 4 are not responsible for any transaction or credit done by any individual in any alleged wrong or incorrect bank account. As per the guidelines of banking regulation duly issued by authorities all the credits are credited into the bank account number against which they are transferred and there is no mandate of verifying the account holders name to the bank account number before crediting the amount to their account. Thus there is no question of holding the amount or thereafter manually transferring the same in the account of any person namely Abhishek Lone as alleged in the complaint. The alleged dispute relates to transactions between complainant and his lending bank i.e. OP No. 1 and 2. Further, the Complainant has not disclosed technical ground as alleged for withdrawal of his previous complaint from PLA. There is no deficiency of service on part of the OP No 3 & 4 which are not even the service providers of the complainant. Such like complicated issues cannot be entertained by this Commission. Rest of the averments of the complainant were denied by the OP No.3 and 4 and prayed for dismissal of the present complaint with costs.
7.           Learned counsel for the complainant tendered affidavit of Shri Anoop Aggarwal son of Late Shri Pawan Aggarwal, Sole Proprietor M/s Annapurna Agency, Hissar Road, Near Manav Chowk, Ambala City as Annexure CX alongwith documents as Annexure C-1 and C-63 and closed the evidence on  behalf of the complainant. Learned counsel for the OPs No.1 and 2 tendered affidavit of Pawan Garg, Manager, Punjab National Bank, Model Town, Ambala City as Annexure RW1/A alongwith document Annexure R-1 and closed the evidence on behalf of OPs No.1 and 2. Learned counsel for OPs No.3 and 4  tendered affidavit of Narendra Nagarkar, Chief Manager, State Bank of India, Khandwa Branch, PB No. East Nimar, Madhya Pradesh as  Annexure RX/A and  closed the evidence on behalf of OPs No.3 and 4. 
8.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
9.           Learned counsel for the complainant submitted that since though the amount of Rs.10 lacs was to be transferred through NEFT in the account of Patanjali Ayurved Ltd., yet, OPs No.1 and 2, by playing fraud had credited the said amount in the account of one Abhishek Lone as such they are liable to refund the said amount of Rs.10 lacs alongwith compensation etc. He further submitted that a civil suit against OP No.1 is also filed in respect of wrong declaration of NPA. He further submitted that the complainant also lodged FIR against the offenders of the concerned Bank PNB, Branch Model Town, Ambala City and SBI bank officials but police officials by manipulation saved officials of both banks. He further submitted that a big fraud has been played with complainant which is being separately dealt by criminal court of law with other persons as accused involved in withdrawal of money. He further submitted that there was a criminal conspiracy between the OPs to cheat the complainant. Complainant has not disclose the reason for withdrawal of the complaint filed before the Hon’ble Permanent Lok Adalat-Public Utility Services Ambala.
10.           On the other hand, learned counsel for the OPs No.1 and 2  submitted that since the allegations of fraud, criminal conspiracy and other  serious allegations of connivance with some account holder have also been leveled by the complainant, as such, this complaint cannot be adjudicated under summary proceedings. He further submitted that the complainant had malafiedly filed suit No.212 dated 16-3-2020/5-5-2020 titled as Annapurna Agency Vs Punjab National Bank on the same subject. The complainant sought stay not to take physical actual possession of the mortgaged property, but the Court of MS. Nidhi Beniwal Civil Judge, Junior Division, Ambala dismissed the stay application of the Complainant vide order dated. 23-3-2021. However the appeal against said order is pending in the court Sh. Rohit Vatts Additional District Judge, Ambala.
11.           Learned counsel for OPs No.3 and 4 submitted that the complainant is the account holder of OP No.1 and 2. He further submitted that since the NEFT transaction is a process always initiated by the transferring customer and bank, therefore the OP No. 3 and 4 are not responsible for any transaction or credit done by any individual in any alleged wrong or incorrect bank account. He further submitted that there is no question of holding the amount or thereafter manually transferring the same in the account of any person namely Abhishek Lone as alleged in the complaint. He further submitted that the complainant has not disclosed technical ground as alleged for withdrawal of his previous complaint from PLA. He further submitted that such like complicated issues cannot be entertained by this Commission.
12.           In the present case, the question which needs to be decided is, as to whether the present complaint is maintainable before this Commission or not?  It may be stated here that the complainant in his complaint has leveled lot of allegations of fraud, criminal conspiracy etc.  on the part of the Officers of the OPs namely Sh. K.C.Bhatia, Chief Manager, Ashok Passi, Loan Audit Account Officer; that the officials of the Bank transferred the amount of Rs.10 lacs to one Abhishek Lone in connivance with each other; that Mr. R.K.Gupta alongwith Ashok Passi official of the OP No.1 came to complainant and stated that computer of bank either demands stock statement or 25% margin money of Rs.10,00,000/- for NEFT to Patanjali Ayurved Ltd.; that a civil suit is also filed in respect of wrong declaration of NPA against OP no.1; that in the compelling circumstances, the complainant submitted a complaint to lodge FIR against the above said offenders of the concerned Bank PNB, Branch Model Town, Ambala City and SBI bank officials but police officials by manipulation saved officials of both the banks;  that a big fraud has also been played with complainant which is being separately dealt by criminal court of law with other persons as accused, involved in withdrawal of money.

                   It may be stated here that The Hon'ble Supreme Court of India in TRAI Foods Ltd. Vs. National Insurance Company & Ors., III (2012) CPJ 17 (SC),  under similar circumstance has observed that:

"6.  The only question to be decided is, when should this jurisdiction be exercised by the Commission.  In our view the Commission should address itself to the quantity of the claim, the nature of the claim, the nature of the evidence which would be required to be submitted both in respect of the claim and the damages suffered and the nature of the legal issues before deciding that the matter ought to be decided by the Civil Courts in the regular course. It is not disputed that the Consumer Forum has been set up to grant speedy remedy.  The Consumer Forums have been given the responsibility of achieving this object.  They were not meant to duplicate the Civil Court, and subject the litigants to delays which have become endemic in the Civil Courts.

7.  Although the reason given in the impugned order of the Commission for referring the present matter to the Civil Court is cryptic, we have been through the records filed before us and are satisfied that the Commission's decision was correct.  There is no doubt having regard to the nature of the claim, the large amount of damages claimed, and the extensive inquiry into the evidence which would be necessary in order to resolve the disputes between the parties that this is not a matter to be decided summarily at all"

Moreso, the Hon’ble National Commission in catena of judgments has held that the cases related to fraud and/or forgery cannot be decided by the consumer commission as the proceedings before it are summary in nature.

13.           Since, in the present case, allegation of fraud, cheating and criminal conspiracy has been levelled by the complainant against the OPs and to prove the same, voluminous evidence is required and also lot of witnesses are to be summoned and questioned, to reach to any conclusion and the same cannot be decided by this Commission, proceeding before which are summary in nature. Accordingly, this complaint is dismissed being not maintainable before this Commission. The parties are left to bear their own costs. However, the complainant is at liberty to approach the appropriate Court of law having jurisdiction for redressal of its grievances and the adjudicating Court may condone the delay, as per provision of the Section 14 of the Limitation Act, 1963 for the time spent by the complainant before this Commission.  Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 17.02.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President