BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 445 of 2022
Date of Institution: 18.07.2022
Date of Decision: 12.04.2023.
Arjan Dev (aged about 84 years) son of Sh. Jhavri Ram, resident of H. No. 145, Ward No.13, Nakora Bazar, Rania, Tehsil Rania, District Sirsa (Haryana).
………Complainant.
Versus
State Bank of India, Near Old Bus Stand, Rania, Tehsil Rania, District Sirsa, Haryana, through its Branch Manager.
……… Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Argued by: Sh. Anil Bansal, Advocate for complainant.
Sh. Rakesh Babbar, Advocate for opposite party.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).
2. In brief, the case of complainant is that complainant is an agriculturist and has following accounts with op bank at Rania for the last many years:
Nature of Account Account Number
- Saving Bank account 11364674464
- KCC (Kisan Credit Card) 30708784556 Loan A/C
It is further averred that complainant is enjoying the loan facility in above mentioned KCC account from op bank and its limit is Rs.3,00,000/- and against this limit, complainant took KCC loan and on 10.08.2021 amount of Rs.2,99,694.74 was shown as outstanding balance in KCC loan account of complainant. It is further averred that Government provides financial help/ assistance to farmers from time to time in the shape of grant, subsidy, waiver of loan and compensation for crop loss etc. That such like financial help/ assistance are directly transferred online in bulk by the Govt. in the account of concerned farmers and it reflects as CEMTEX DEP in the bank account of farmers. It is further averred that on 27.12.2021, an amount of Rs.2,99,694.74 (exactly the same figure shown in KCC loan account on 10.08.2021) was credited by Govt. as financial assistance in complainant saving bank account no. 11364674464 on account of waiver of KCC loan amount and narration is written as CEMTEX DEP BY SALARY for this transaction and after crediting above mentioned amount, complainant saving bank balance was Rs.6,34,921.15. That on the same day i.e. 27.12.2021, the above entry of Rs.2,99,694.74 was debited in complainant’s saving bank account with the narration “DEBT TRANSFER TO SAVING” for this transaction and after debiting above mentioned amount, his saving bank balance was Rs.3,55,226.41 and the reason of such transfer is unacceptable. It is further averred that thereafter again on 06.01.2022, Rs.2,99,694.74 was debited in above saving bank account (with the narration Transfer to KCC 30708784556) without the consent of complainant and after this transaction saving bank balance was shown as Rs.35,531.67. That after 06.01.2022 the complainant visited the op bank and requested Mr. Kaushal Kumar, Manager of op bank and KCC loan dealing person Sh. Chanchal Kumar to reverse the debit entry of Govt. assistance of Rs.2,99,694.74 which was made in his saving account on 27.12.2021 and thereafter to correct the transfer entry of Rs.2,99,694.74 in his KCC account, which was done on 06.01.2022. That complainant asked these officers many times to credit his Govt. financial assistance of Rs.2,99,694.74 in his saving account again and make corrections in his saving account and KCC account but none of the above mentioned persons gave any satisfactory reply and now a week ago the op bank has refused to entertain and rectify his above mentioned entry. It is further averred that bank officers/ officials have illegally and arbitrary in connivance with each other tampered and mishandled the savings and KCC account of complainant and have misappropriated and embezzled the Govt. assistance of Rs.2,99,494.74 of complainant. That op bank officers/ officials are gross negligent in performing their official duties and they are guilty of deficiency of service in maintaining proper accounts of complainant. Hence, this complaint.
3.On notice, opposite party appeared and filed reply submitting therein that it is correct that Govt. provides such type of assistance time to time to Agriculturists/ Farmers but complainant was not eligible for any such facility. It is wrong to say that on 27.12.2021 Rs.2,99,694.74 has been credited in saving bank account by Govt. as financial assistance to complainant as alleged and as a matter of fact this entry took place from the BGL A/c of op bearing no. 2399869060350 (Trickle feed rejected account) due to technical error and said wrong entry got rectified on the same day. It is further submitted that complainant has concealed the true and material facts from this Commission. There is no evidence to the narration of transaction quoted as Waiver of KCC Loan amount and CEMTEX DEP BY SALARY is Bank’s internal narration type for multiple credits/ debits. Further on 06.01.2022 the complainant visited the branch of op for withdrawal of amount of Rs.3 lacs from his KCC account as on this day KCC account was not having sufficient amount as the said amount was being credited in the SB account of complainant and so was the reason that on 06.01.2022 the op got transferred the said requisite amount of Rs.2,99,694.74 in the KCC account of complainant. The complainant got withdrawn the said amount from his KCC account on the same day i.e. on 06.01.2022 by signing voucher to this effect. It is further submitted that in view of above detailed facts it is wrong to say that on 06.01.2022 the said amount has been debited again as has been wrongly alleged and balance amount shown in saving account is legal and valid one. It is wrong to say that at any point of time any alleged govt. assistance of Rs.2,99,694.74 has ever been credited in KCC account of complainant and all the real facts detailed in above have also been explained to the complainant and information to this effect has also been given to him b RTI on 23.03.2022 and by admitting the said facts as to be legal and valid one the complainant has got withdrawn amount on 06.01.2022 from his KCC account. Further more even complainant has not placed on case file any such document regarding govt. finance as has been alleged. Remaining contents of complaint are also denied and dismissal of complaint has been prayed for.
4.Complainant has tendered in evidence his affidavit Ex. CW1/A and copies of documents i.e. statements of accounts Ex.C1 to Ex. C3 and text message Ex. C4.
5.On the other hand, op has tendered in evidence affidavit of Sh. Mukesh Kumar Branch Manager as Ex. RW1/A.
6.We have heard learned counsel for the parties and have perused the case file carefully.
7.The complainant has alleged that on 27.12.2021 an amount of Rs.2,99,694.74 was credited by Government as financial assistance in his saving bank account No. 11364674464 on account of Waiver of KCC loan amount but on the same day, the above entry of Rs.2,99,694.74 was debited in his saving account and according to the complainant the officers/ officials of the op bank illegally and arbitrarily have misappropriated and embezzled the Govt. assistance of Rs.2,99,694.74 given to the complainant being a farmer. On the other hand, op bank has refuted the allegations of the complainant and it is denied that on 27.12.2021 above said amount of Rs.2,99,694.74 has been credited in the saving bank account of complainant by the Government as financial assistance as alleged and has specifically averred that this entry took place from the BGL account of op bearing no. 2399869060350 (Trickle feed rejected account) due to technical error and said wrong entry was got rectified on the same day. From the copy of statement of account placed on file by complainant Ex.C2, it is evident that on 27.12.2021 an amount of Rs.2,99,694.74 was credited in the saving account of complainant and said entry was on account of CEMTEX DEP BY SALARY whereas complainant is claiming that said amount was credited in his saving account on account of waiver of KCC loan amount by the Government. However, the complainant has failed to prove on record that said amount of Rs.2,99,694.74 was credited in his saving account by the Government on account of any financial assistance in the shape of grant, subsidy, waiver of loan and compensation or crop loss etc. No such scheme of the Government has been placed on file by the complainant. According to the op bank CEMTEX DEP BY SALARY is Bank’s internal narration type for multiple credits/ debits. It is further the case of the op bank that on 06.01.2022 the complainant visited the branch of op for withdrawal of the amount of Rs. three lacs from his KCC account and as his KCC account was not having sufficient amount and as the said amount was being credited in the saving bank account of complainant, therefore, so was the reason that on 06.01.2022 the op got transferred the said requisite amount of Rs.2,99,694.74 in the KCC account of complainant and complainant got withdrawn the said amount from his KCC account on the same day i.e. on 06.01.2022 by signing voucher to this effect. The op has averred that so it is wrong to say that on 06.01.2022 the said amount has been debited again. In this regard op bank has also placed on file voucher/ withdrawal form whereby on 06.01.2022 the complainant got withdrawn the amount of Rs.3,00,000/- from his KCC account. The complainant has failed to prove his allegations by way of cogent and convincing evidence that op bank wrongly made entry of debit of the amount of Rs.2,99,694.74 and that said amount has been misappropriated by the officers/ officials of the bank. Rather the version of the op bank that as said entry was due to technical error, so same was got rectified on the same day has substance and found to be plausible in absence of any Govt. scheme placed on file by the complainant. More so, the complainant has failed to prove on record through any reliable and convincing evidence that entry of CEMTEX DEP BY SALARY is concerned to the financial assistance provided by the Government to the farmers. So the complainant has failed to prove his case and accordingly the complaint of the complainant deserves dismissal.
8.In view of our above discussion, the present complaint is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 12.04.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
