Punjab

Rupnagar

CC/21/78

Rakesh Kumar & Anr. - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Sh. Vishal Singh Rana, Adv.

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

RUPNAGAR

Consumer Complaint No.        :78 of 22.10.2021

 Date of Decision                     :24.03.2023

 

1. Rakesh Kumar S/o Ram Asra R/o Village Nikkuwal, PO Jhinjri, Tehsil Sri Anandpur Sahib, Distt. Rupnagar.
2. Gian S/o Late Sh.Bhagat Ram, R/o Village Nikkuwal, PO Jhinjri, Tehsil Sri Anandpur Sahib, Distt. Rupnagar.

                                                                                                ….Complainant

Versus

 

Punjab National Bank, Branch Sri Anandpur Sahib, Near Anandpur Sahib Bus Stand, Tehsil Sri Anandpur Sahib, Distt. Rupnagar.

      …Opposite Party

Complaint under the Consumer Protection Act.

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant             :         Sh.Vishal Singh Rana, Advocate

For OP                           :         Sh.SK Wahi, Advocate

 

ORDER

PER  KULJIT SINGH, PRESIDENT

 

1. In the present complaint, the counsel for complainants has averred that complainants are the joint account holder in OP bank vide account No.0973000102247939 and is operative from 15.08.2008.  Saving account is a joint account of said complainants and complainant No.2 is paternal uncle of complainant No.1 and often remain ill as affected from many diseases and is also having treatment from PGI, Chandigarh and from Guru Nanak Hospital ShafakhanaMangewal.  On 01.06.2020, when complainant No.1 visited the said bank to withdraw the money and to update bank passbook then bank employee on one and other pretext linger on mater by giving reason of unavailability of tag which is used to be affixed on bank passbook for updation of passbook.  After that complainant No.1 visited the bank on many occasion, but bank employee did not updated the passbook by giving various unreasonable excuses.  On 11.09.2019 when complainant No.1 again visited the said bank to get the passbook updated.  Then again bank employees denied to update the bank passbook due to unavailability of tag.  But after many requests bank employees told the balance of account which is Rs.5000/-.  Then complainant asked about remaining amount in bank account, OP told the complainant that may be complainant himself withdraw the money but complainant No.1 refused this fact and told that it is not possible as neither the ATM card nor any cheque book was issue against this joint account moreover adhar card is also not attached with the joint account, as this account was opened through Ration card.  After that OP told to complainant that they  can’t do anything in this matter.  Then complainant contact with customer care helpline number of PNB bank, the complainant get to know that a sum of Rs.30,100/- has been withdrawn from said joint account.  Then complainant told to customer care executive that said amount of Rs.30,100/- was not withdrawn by account holders.  Then customer care executive register a complaint and told complainant to contact with bank branch of PNB.  Complainant visited the bank and asked the bank Manager about the illegal transaction then bank Manager did not give any satisfactory answer to complainant.  OP also freeze the account of complainants.  After the investigation the reason of this illegal transaction came into light, the reason behind this illegal transaction is fault of OP, OP linked the adhar card of Gyano Devi w/o Gurdas Ram with the account number of complainants.  Because of which, whenever said Gyano Devi withdraw the money, the amount was deducted from the account of complainants. Complainant also gives an application in City Police Station Sri Anandpur Sahib.  Gyano Devi through his son Harpreet also gives an application in city police station and to PNB Branch to transfer the said amount in the account of complainants, but no sincere efforts has been made by OP and OP also forced the complainants to give a letter to the bank, that the complainant are satisfied with the action of the bank Manager only then OP will transfer the said amount of Rs.30100/- in account of complainant and OP with the connivance of police liner on the matter for about 3 months. The OP has acted in a very un-professional and negligent manner.  OP from the month of June 2020 harass the complainant and after 7 months of rigorous efforts and long harassment, complainants were able to get their money refunded.  Lastly, prayer has been made that the OP be directed to pay compensation of Rs.2,00,000/- and Rs.30,000/- as litigation expenses. 
2. Upon notice, OPhas appeared through counsel and contested the complaint by taking preliminary objections that no cause of action.On merits, adhar card of Giano Devi was attached with the account number of complainant and due to this reason Smt.Giano Devi withdraw the amount of Rs.30100/- from the account of complainant and thereafter, verification and investigation when it was found that the amount was withdrawn by Giano Devi on various dates then the matter was taken up with Giano Devi and ultimately Giano Devi deposited the amount in account od complainant on 28.12.2020.  Thereafter, complainants withdraw the amount from their account on 18.01.2021.  Other averments of complaint are denied and prayed for dismissal of complaint.
3. In order to prove their respective versions, both the parties produced on the file their respective documents.
4. We have heard learned the parties with their valuable assistance and have also gone through the record carefully.
5. It is admitted by the opposite parties that the complainant is having his saving account with the opposite parties.  It is proved on the file that on different dates account of complainant debited. The complainant submitted in his complaint that he has not withdrawn the said amount from his saving account but the said transactions were made by another person. 
6. On the other hand, Op has admitted that adhar card of Giano Devi was attached with the account number of complainant and due to this reason Smt.Giano Devi withdraw the amount of Rs.30100/- from the account of complainant and thereafter, verification and investigation when it was found that the amount was withdrawn by Giano Devi on various dates then the matter was taken up with Giano Devi and ultimately Giano Devi deposited the amount in account od complainant on 28.12.2020.  Thereafter, complainants withdraw the amount from their account on 18.01.2021.
7. As such, as per admission of the OP, the OP are found deficient in providing deficient in service and complainant has harassed in refunding amount after too much delay.
8. In view of above discussion, the present complaint is partly allowed and the Op is directed to pay Rs.3,000/- as compensation and Rs.2000/- as litigation expenses.  Further, Op is directed to deposit Rs.2000/- in legal aid account of this Commission.
9. Compliance of above said order be made within a period of 45 days from the date of receipt of copy of this order. 
10. Copies of the order be sent to the parties, as permissible, under the rules.
11. File be indexed and consigned to record room.

Dated:24.03.2023
 

 

          (Ramesh Kumar Gupta)                  (Kuljit Singh)

               Member                                           President