BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 475 of 2022.
Date of Institution : 27.07.2022.
Date of Decision : 10.04.2024.
Smt. Samistha aged about 43 years wife of Sh. Ajay Kherwa, R/o House No. 1377, Sector 20, HUDA Colony, Sirsa, District Sirsa. Mobile No. 94673-28825.
……Complainant.
Versus.
State Bank of India, through its Branch Manager, Mini Secretariat Branch, Barnala Road, Sirsa.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
Present: Sh. Ashish Singla, Advocate for complainant.
Sh. M.S. Sethi, 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 to OP).
2. In brief, the case of complainant is that complainant is having her salary based saving account bearing No. 30021197590 with the op since year 2005 under CIF No. 85012068033. That at the time of opening of the account, all the documents of complainant such as PAN card, ration card, ID and residence proof etc. were supplied to the bank and the KYC form was also duly filled up and the account was opened by the op only after verification of all the aforesaid documents. She was also allotted cheque book from the bank for operating this account. That later on the aadhar card was also updated and linked to this account. It is further averred that complainant has been managing her financial transactions regularly from this account at the bank and there have never been any irregularities in this regard. On 07.04.2022, the credit balance of the aforesaid account of complainant was Rs.11,37,345.54. That complainant had to pay the school fee of her daughter namely Maanvi who is studying at Sirsa School Sirsa and for this purpose she had issued a cheque No. 125067 in favour of Sirsa School on 07.04.2022 for a sum of Rs.19,000/-. However, surprisingly on 08.04.2022 the said cheque was returned by the bank as dishonored. That later on complainant received a call from school authorities that the aforesaid cheque has been dishonored for some unknown reason and as per the memo of dishonor it is asked to contact the drawer/ drawee bank. It is further averred that complainant felt that there might be some mistake in issuance of cheque and thus she had issued another cheque No. 125068 on 19.04.2022 in favour of School for sum of Rs.19,100/- which included Rs.100/- as penalty for late fee but surprisingly again the said cheque was returned as dishonoured by the op on 21.04.2022 for unknown reason asking the holder to contact the drawer/ drawee bank. That at this time, feeling aggrieved, the Principal of the school called the child of the complainant from her ongoing class and insulted her saying that this is the second time that their cheque has been dishonored and school fee has not been paid till date. She was scolded in front of the classmates as well as teachers and was forcibly sent back home in the middle of the class for non payment of school fee and she felt very embarrassment. It is further averred that op has wrongly dishonored the cheque of a meager amount of Rs.19,000/- because on the date of dishonor of the second cheque, the credit balance of the account of complainant was Rs.12,30,382.54. It is further averred that complainant gave a written representation to the banker on which she was informed in writing that her account has been stopped working due to pendency of KYC form and further required the complainant to update her KYC alongwith adhar card and pan card in the branch which is wrong because complainant has already submitted KYC form alongwith ID card and pan card with the op and later on aadhar card was also linked to the account and numerous transactions have taken place in this account since opening of the same. That neither any information nor any message has been sent to the complainant in this regard before stopping the functioning of her account and this excuse on their part is totally false and baseless because LPG subsidy as well as income tax refund of complainant has been credited regularly even in the months of April and May, 2022 in the same account and it is well known that without updation of adhar card and pan card, the government subsidies and payments are not credited to the account. It is further averred that it is very surprising that wrongly charged penalty for dishonor of cheque has been debited to the same account, whereas for the purposes of debiting the cheque amount the same has been declined. The complainant further came to know that House loan EMI has also not been deducted for the month of May, 2022 and if any penalty, charge of consequences are borne in this regard by complainant, the same shall be the responsibility of the bank and complainant shall not be liable for this. That the written reply to the representation of complainant that account is stopped is again misleading and false fact because had the account been stopped, there could not be any debit or credit entry of any manner. It is further averred that this sudden stoppage of the outgoing financial transactions in the account of complainant without any information has caused great loss to the complainant financially, physically and psychologically and this amounts to gross negligence of services on the part of the bank and has resulted into harassment and as such complainant is entitled to be compensation to the tune of Rs.10,00,000/-. The complainant also got issued a legal notice dated 02.06.2022 to the op but op gave a vague and evasive reply to the said legal notice. Hence, this complaint.
3. On notice, op appeared and filed written statement taking certain preliminary objections. It is submitted that although the complainant had provided the necessary documents at the time of account opening but it is wrong that any KYC form was provided by the complainant to the answering op. The complainant has not provided relevant documents for KYC to the answering op despite several requests. The answering op had issued a written notice to the complainant on 28.06.2021 and on 15.11.2021 as per the guidelines of RBI but she has not replied and nor came present in the Bank for KYC. Hence, the account of the complainant was stopped according to RBI guidelines and cheque of complainant was dishonored due to non compliance of direction/ guidelines of RBI and it was also informed by answering op to the complainant that upon issuance of second notice her account should be stopped. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant in evidence has tendered her affidavit Ex. CW1/A and copies of documents i.e. pass book Ex.C1, cheque dated 07.04.2022 Ex.C2, cheque return memo Ex.C3, cheque dated 19.04.2022 Ex.C4, cheque return memo Ex.C5, application moved by complainant Ex.C6, legal notice Ex.C7, postal receipt Ex.C8, representation Ex.C9, reply to legal notice Ex.C10, pan card Ex.C11 and aadhar card Ex.C12.
5. On the other hand, op has tendered affidavit of Sh. Ratna Ram, Manager & Principal Officer as Ex.R1, reply to legal notice Ex.R2, postal receipt Ex.R3, notice dated 28.06.2021 Ex.R4 and statement of account Ex.R5.
6. We have heard learned counsel for the parties and have gone through the case file.
7. From the cheque return memos Ex.C3 and Ex.C5, it is evident that both the cheques of Rs.19,000/- and Rs.19,100/- respectively were returned back by HDFC Bank, Sirsa to the school as the bank of the complainant namely State Bank of India returned both the cheques as unpaid on 08.04.2022 and on 21.04.2022. However, the reason of return of both the cheques is not mentioned in above said both the memos. Though the op bank has taken the plea that said cheques of the complainant were dishonored as complainant has not provided relevant documents for KYC to the answering op but the said plea of the op has no substance and is not trustworthy. From the statement of account placed on file by op itself as Ex.R5, it is evident that even after return of both the cheques, the complainant has received subsidy of gas cylinder several times and it is very well known fact that subsidy is not received by the customer without KYC of the account. It is also proved on record that there was sufficient balance in the account of complainant for both the times i.e. above Rs. ten lacs, but despite that op bank has return the cheques as unpaid without any reason and has also imposed penalty charges of Rs.177/- each on the complainant on account of return of cheques which is quite wrong and illegal. Although op has placed on file copy of notice dated 28.06.2021 as Ex.R4 allegedly issued to the complainant demanding KYC documents but that letter/ notice does not contain any dispatch number of the bank. So, the op bank has failed to prove on record through any cogent and convincing evidence that such documents were ever demanded by it from the complainant for KYC of her account rather it is proved on record that all the documents for KYC were already with the op bank and as such she was receiving subsidies prior to the return of the cheques as well as after return of the cheques. So it is proved on record that op bank has wrongly returned the cheques issued by the complainant to the school of the daughter of the complainant despite the fact that there was sufficient and enough amount in her account and as such op bank has caused unnecessary harassment, mental agony and has tarnished the image of the complainant.
8. In view of our above discussion, we allow the present complaint and direct the opposite party to pay a sum of Rs.50,000/- as compensation for unnecessary harassment to the complainant also to refund the amounts of Rs.177/- wrongly charged by op twice from the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the above said total amounts of Rs.50,354/- alongwith interest @6% per annum from the date of this order till actual realization. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member President
Dt. 10.04.2024. District Consumer Disputes
Redressal Commission, Sirsa.
