Haryana

StateCommission

A/431/2015

CORPORATION BANK - Complainant(s)

Versus

RAVINDER SINGH & ANR. - Opp.Party(s)

G.S.AHLUWALIA

04 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      431 of 2015

Date of Institution:      11.05.2015

Date of Decision :       04.02.2016

 

Corporation Bank, Branch of Gharaunda, District Karnal, through its Branch Manager.

                                      Appellant/Opposite Party No.2

Versus

 

1.      Ravinder Singh s/o Sh. Birbal Singh, Resident of Village Arainpur, District Karnal.

                                      Respondent/Complainant

2.      Punjab National Bank, Branch at VPO Chaura, Tehsil Gharaunda, District Karnal, through its Branch Manager.

Respondent/Opposite Party No.1

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri G.S. Ahluwalia, Advocate for appellant.

                             Shri Namit Khurana, Advocate for respondent No.1.

                             Shri Kabir Chopra, Advocate for respondent No.2.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This appeal has been preferred against the order dated 27^th March, 2015, passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘the District Forum’) in Complaint No.63 of 2011.

2.      Ravinder Singh-complainant/respondent No.1, maintained Saving Account No.161000100068287 with Punjab National Bank (PNB), Gharaunda/Opposite Party No.1 (respondent No.2 herein). He also availed the facility of Automated Teller Machine (for short ‘ATM’).

3.      The grievance of the complainant before the District Forum was that on September 23^rd, 2009, he wanted to withdraw Rs.10,000/- from ATM of Corporation Bank-Opposite Party No.2/appellant, but the amount was not received by him, though a sum of Rs.10,000/- was debited from his account. He complained to the Manager, PNB, Chaura, but of no avail. Alleging it deficiency in service on the part of the opposite parties, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

4.      The opposite parties contested complaint by filing their respective replies. PNB/Opposite Party No.1, in its reply stated that the matter was taken with Corporation Bank/Opposite Party No.2 and the Corporation Bank sent the money which was credited in the account of the complainant on 20.09.2011.

5.      The opposite party No.2/Corporation Bank, in its separate reply stated that due to some technical problem, the amount was not disbursed by the ATM to the complainant. It was denied that any complaint was made by the complainant to the Corporation Bank and after receipt of the complaint from the customer, that is, the PNB, the matter was referred to FTS Bangalore Centre for verification and the amount was credited into the account of the complainant.

6.      On appraisal of the pleadings and evidence of the parties, the District Forum accepted complaint. The operative part of the order is reproduced as under:-

“The learned counsel for the complainant has placed on record circular dated 17.7.2009 retaining Reconciliation of transactions at ATM Failure. As per the said circular, the OP No.2 was under an obligation to credit the said amount of Rs.10,000/- in the account of the complainant within twelve working days but the Op No.2 had failed to comply with the said circular dated 17.7.2009. The amount of Rs.10,000/- was credited in the account of the complainant on 20.9.2011 i.e. approximately after two years. As per the said circular, the OP No.2 was under an obligation to pay compensation of Rs.100/- per day, to the aggrieved party. In the instant case, the OP No.2 has failed to pay compensation in terms of the circular dated RBI/2009/100.DPSSMO.101/02.10.02/2009-2010,therefore, we direct the OP No2 to make the payment of compensation to the complainant @ Rs.100/- per day from 23.09.2009 to 20.9.2011 after deducting 12 working days. The complainant shall also be entitled for a sum of Rs.1100/- towards litigation expenses. The OP No.2 shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order failing which the complainant shall be entitled to interest at the rate of 9% per annum from the date of this order till its actual realization.”

7.      The short question arising for consideration is whether or not, in the aforesaid factual scenario, the compensation awarded to the complainant is just and reasonable or not?

8.      While deciding complaints under the Consumer Protection Act, it has to be kept in mind that the quantum of compensation should be fair and equitable; to make good loss suffered by the complainant on account of deficiency in service to the party/parties, it should not be as a bonanza or largesse. The Consumer Fora have a duty to weigh the factor and quantify the amount of compensation, which should be just.

9.      Indisputably, in the case in hand the appellant bank retained the amount of Rs.10,000/- w.e.f. 23.09.2009 to 20.09.2011, that is, two years.  We have calculated the amount awarded by the District Forum to the complainant, which comes out to Rs.73,000/- approximately, which is certainly unreasonable. Since, the account of the complainant was saving account, we deem it appropriate to direct the appellant bank to pay interest @ 9% per annum from 23.09.2009 to 20.09.2011 and litigation expenses of Rs.1100/-.  It is ordered accordingly.

10.    The impugned order is modified in the manner indicated above and the appeal stands disposed of.

11.    The statutory amount of Rs.2500/- deposited at the time of filing the appeal be refunded to the respondent No.1/complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 04.02.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL