Haryana

Yamunanagar

CC/425/2012

Piar Kaur W/o Baldev Singh - Complainant(s)

Versus

Punjab & Sind Bank - Opp.Party(s)

Harvinder Singh

31 Mar 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                          Complaint No. 425 of 2012.

                                                                                          Date of institution: 02.05.2012  

                                                                                          Date of decision: 31.03.2017

 

Smt. Piar Kaur aged about 50 years wife of Shri Baldev Singh, resident of Village Sardehri, Distt. Ambala.

 

…Complainant.

                                    Versus

Punjab & Sind Bank, Branch Office: Mustafabad, District Yamuna Nagar, through its Branch Manager.

                                                                                                         ...Respondent

 

BEFORE:       SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:          Sh. Harbhajan Singh Sandhu, Advocate for complainant.

                        Sh. J.S.Anand, Advocate, counsel for respondent.

 

ORDER  (Ashok Kumar Garg, President)

 

1                        The present complaint has been filed under section 12 of the Consumer Protection Act 1986 amended up to date. 

2.                     Brief facts of the present complaint, as alleged in the complaint, are that complainant is having her saving bank account No. 3029 with the respondent (hereinafter respondent will be referred as OP Bank) at Mustafabad since a very long time. Previously, on 01.04.2008 there was a closing balance of Rs. 40,935/- in the said account and on 06.08.2008 an interest of Rs. 716/- and Rs. 817/- was added on account of interest and total balance became Rs. 42,468/-. Thereafter, the complainant never withdrew any amount from her account but when the complainant approached the OP Bank for withdrawal of some amount from the account, the OP Bank returned the withdrawal voucher on asking that there is no amount in her account. The official of the Op Bank told that a sum of Rs. 10,000/- has been withdrawn on 18.09.2008, further an amount of Rs. 10,000/- has been withdrawn on 01.10.2008 and further an amount of Rs. 20,000/- has been withdrawn on 10.08.2008. The complainant was astonished to hear the same because the complainant never withdrew the said amount from her account. It seems that either the official of the OP Bank itself or through any other person has usurped the amount of the complainant. It has been further mentioned that a criminal case regarding forgery is already pending against the employees of the Op Bank and the withdrawal from the account of the complainant is also the result of forgery committed by the employees of the OP Bank. The official of the OP Bank has played unfair trade practice due to which the complainant has suffered mental agony, harassment and financial loss. Lastly, prayed for directing the OP Bank to refund the correct amount in the account of the complainant with up to date interest and also to pay compensation as well as litigation expenses. Hence, this complaint.

3                      Upon notice, OP Bank appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; complainant has no locus standi to file the present complaint; there is no cause of action against the OP Bank; complaint of the complainant is false and frivolous. The complainant is also guilty of concealing the true and material facts from this Forum and on merit it is admitted that on 01.04.2008 there was closing balance of Rs. 40,935/- in the account of the complainant and there was entries of Rs. 716/- on 06.08.2008 on account of interest. Thereafter, the complainant has withdrawn a sum of Rs. 10,000/-, Rs. 10,000/- and Rs. 20,000/- on 18.09.2008, 01.10.2008 and 08.10.2008 respectively in cash/cheque and there was closing balance of Rs. 1691/- only in the account of the complainant. Thereafter, an amount of Rs. 233/- was credited on account of interest on 02.02.2009 and after that a sum of Rs. 7982/- and Rs. 18037/- was credited to the account of the complainant and balance became Rs. 27,903/- and on the same day the complainant withdraw a sum of Rs. 26,000/- and balance become Rs. 1903/- as on 08.06.2009. As such, there is no question closing balance of Rs. 42,487/- as on 08.06.2009 as alleged in the complaint. Rest contents of the complaint were denied being wrong and incorrect. Lastly, prayed for dismissal of complaint.

4                      In support of her case, complainant tendered into evidence her affidavit as Annexure CX and documents such as photo copy of pass book as Annexure C-1, Photo copy of Bank receipt of Rs. 6000/- dated 03.06.2000 as Annexure C-2 and closed her evidence.

5                      On the other hand, counsel for the Op Bank tendered into evidence affidavit of Sh. D.S.Kapoor Senior Branch Manager, Punjab and Sind Bank as Annexure RW/A, Attested true copy of bank account statement as Annexure R-1 and closed the evidence on behalf of Op Bank.

6                      In additional evidence, learned counsel for the Op Bank tendered into evidence photo copies withdrawal voucher amounting to Rs. 26,000/- dated 08.06.2009 as Annexure R-2, Photo copy of withdrawal voucher amounting to Rs. 20,000/- dated 08.10.2008 as Annexure R-3, Photo copy of withdrawal voucher amounting to Rs. 10,000/- dated 01.10.2008 as Annexure R-4 and closed the additional evidence on behalf of OP Bank.

7                      We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

8                      The only plea of the complainant is that an amount of Rs. 10,000/-, Rs. 10,000/- and Rs. 20,000/- has been withdrawn wrongly and illegally in the year 2008 i.e. on 18.09.2008, 01.10.2008 and 08.10.2008 respectively from her saving account bearing No. 3029 by the official of the Op Bank by committing fraud and forgery which constitute the deficiency in service and unfair trade practice on the part of OP Bank. Learned counsel for the complainant draw our attention towards the photo copy of pass book Annexure C-1 and argued that from the perusal of pass book it is duly evident that no amount of Rs. 10,000/-, Rs. 10,000/- and Rs. 20,000/- was withdrawn by the complainant prior to the deposit of amount of FDR amounting to Rs. 7982/- and 18037/- on dated 08.06.2009 whereas as per version of the Op Bank the amount of Rs. 40,000/- i.e. Rs. 10,000/-, Rs. 10,000/- and Rs. 20,000/- has been withdrawn by the complainant on dated 18.09.2008, 01.10.2008 and 08.10.2008 respectively i.e. prior to deposit the amount of FDR. Learned counsel for the complainant further argued that when the disputed amount has not been mentioned in the pass book maintained by the complainant then how the OP Bank can allege that complainant has withdrawn the amount from her account. If any fraud has been committed by the employees of the bank or same one else with the complainant then the Op Bank is responsible for that being employer of the employees and if the alleged fraud was committed by anyone other then also OP Bank is responsible to indemnify the complainant being its consumer. Lastly, prayed for acceptance of complaint.

9.                     On the other hand, learned counsel for the OP Bank argued at length that disputed amount of Rs. 40,000/- ( Rs. 10,000/-, Rs. 10,000/- and Rs. 20,000/-) has been withdrawn by the complainant herself on 18.09.2008, 01.10.2008 and 08.10.2008 respectively and draw our attention towards the account statement Annexure R-1 and withdrawal voucher Annexure R-3 and R-4 and prayed for dismissal of complaint qua the OP Bank.

10.                   After hearing both the parties, we are of the considered view that there is a deficiency in service and unfair trade practice on the part of Op Bank as from the perusal of photo copy of pass book Annexure C-1 it is duly evident that there was closing balance of Rs. 42,468/- on 08.06.2009 and after that an amount of Rs. 7982/- and Rs. 18037/- was deposited on 08.06.2009 by the complainant and closing balance became Rs. 68,487/-. An amount of Rs. 26,000/- was withdrawn by the complainant on 08.06.2009 i.e. on the same day and closing balance becomes Rs. 42,487/- and after that an amount of Rs. 918/- has been shown as deposited on 05.08.2009. In this way, on 05.08.2009 there was closing balance of Rs. 43,405/- and the initial of the official of the Op Bank tally with the previous initial of the Op Bank member in the pass book. The disputed amount amounting to Rs. 10,000/-, Rs. 10,000/- and Rs. 20,000/- alleged to has been shown as withdrawn by the complainant on 18.09.2008, 01.10.2008 and 08.10.2008 but these entries are missing from the pass book of the complainant. It is not the case of the Op Bank that the photo copy of the pass book placed on file by the complainant is forged one as neither any official of the OP Bank has been examined to rebut the same nor any other cogent evidence has been placed on file to controvert the same. Even, no affidavit of any official of the Op Bank who marked the initial in the pass book has been placed on file. We have also perused the withdrawal voucher placed on file by the Op Bank in its additional evidence Annexure R-3 and R-4 vide which an amount of Rs. 20,000/- has been shown as withdrawn on 08.10.2008 and Rs. 10,000/- has been shown as withdrawn on 01.10.2008, the signature on these withdrawal forms are totally different from the voucher of amounting to Rs. 26,000/- dated 08.06.2009 Annexure R-2 as this voucher has been admitted by both the parties. The difference between the signatures on the vouchers can be noticed with the naked eye. So, we are of the considered view that the disputed amount of Rs. 40,000/- ( Rs. 10,000/-, Rs. 10,000/- and Rs. 20,000/-) has either been withdrawn by the official of the Op Bank or by some other person by doing forged signature of the complainant. In both the cases, the OP Bank is responsible as the official of the Op Bank has not tallied the signature of the complainant which were visible by the naked eyes. It is settled law that, if any, employees of the bank has committed any fraud during his official duty then the Bank is fully responsible for the wrongful act of his employee and customer will not suffer. So, we are of the considered view that the official of the OP Bank has wrongly and illegally withdrawn the amount of Rs. 40,000/- (Rs.10,000/-, Rs. 10,000/- and Rs. 20,000/-) from the account of the complainant whereas no such entries has been shown in the pass book which is duly evident from Annexure C-1 which constitute the deficiency in service on the part of Op Bank. Hence, the complainant is entitled for relief.  

11.                   Resultantly, we partly allow the complaint of complainant and direct the OP Bank to pay an amount of Rs. 40,000/- (Rs.10,000/-, Rs. 10,000/- and Rs. 20,000/-) to the complainant alongwith saving interest as per RBI guidelines from the dates when the aforesaid withdrawal was made i.e. 18.09.2008, 01.10.2008 and 08.10.2008 till its realization. Parties are left to bear their own costs.  Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 31.03.2017.

                               (S.C.SHARMA)                       (ASHOK KUMAR GARG)

                               MEMBER                                PRESIDENT

                                                                                  DCDRF, YAMUNANAGAR.