Delhi

West Delhi

CC/11/703

ARVIND KUMAR - Complainant(s)

Versus

SBI - Opp.Party(s)

22 Apr 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

                                                                                                 Date of institution:     08.12.2011

Complaint Case. No.703/11                                                      Date of order: 22.04.2017

IN  MATTER OF

Arvind Kumar S/O ShriRahtuLal R/O A-27, VidyaVihar, HastsalUttam Nagar, New Delhi-110036                                                                                                                                    Complainant

VERSUS

State Bank of India, through its Branch Manager, G-3 Vikaspuri, New Delhi                                                                                                                                                               Opposite party

                                                                                                                                   

 

ORDER

R.S. BAGRI,PRESIDENT

ShriArvind Kumar complainant has filed the present consumer complaint U/S 12 of the Consumer Protection Act against State Bank of India herein after referred as the opposite party for directions to the opposite party to credit back sum of Rs.73,821.20/- with interest @ 12% per annum from date of debit till credit in account of complainant and pay a sum of Rs.25,000/- on account of physical and mental torture to the complainant.

The brief relevant facts for disposal of the present complaint as stated are that the complainant has a saving bank account/pension accountno. 10634399850 with the opposite party. The complainant updated entries in his pass book of his account in month of August 2010 and found a debit entry of an amount of Rs.73821.20/- dated 12.08.2010 despite the complainant never issued any cheque or any instrument for debit of the amount. Therefore, the complainant on the same day enquired about the debit entry in his account from staff members of the opposite party. They promissed to look into the matter and credit back the amount within 4-5 days.But the opposite party did not credit back the amount, therefore, the complainant wrote a letter on 11.03.2011 to the opposite party. The complainant on 01.04.2011 made RTI application to know status of the debit entry of Rs.73821.20/-. The opposite party in reply dated 30.04.2011 gave information that the opposite party did not receive any application for debit of the amount. The complainant on 06.05.2011 preferred an appeal under the RTI Act. The appellate authority vide reply dated 10.05.2011 failed to explain the debit entry. Therefore, the complainant sent a legal notice to the opposite party. But the opposite party did not pay any heed to the request of the complainant and also did not credit back the amount of Rs.73,821.20/-Hence the present complaint for directions to the opposite party to credit back sum of Rs.73,821.20/- with interest @ 12% per annum from date of debit till credit in account of complainant and pay a sum of Rs.25,000/- on account of physical and mental torture to the complainant.

After notice the opposite party appeared and filed reply while contesting the complaint and raising preliminary objections of maintainability, cause of action and jurisdiction. On merits the opposite party admitted that the complainant was operating a salary account no. 30526704053 with the opposite party as an employee of the State Bank of India working at Saharanpur, Uttar Pradesh. The complainant had got excess salary of three months erroneously but despite asking by the State Bank of India the complainant did not return the excess salary of three months, therefore, the opposite party deducted sum of Rs.73,821.20/- from the account of the complainant on 12.08.2010. However all other allegations of the complaint are denied and prayed for dismissal of the complaint.

The complainant filed rejoinder of the reply of the opposite party while controverting stand of the opposite party and reiterating his stand taken in the complaint and once again prayed as in complaint.

When the complainant ShriArvind Kumar was asked to lead evidence in support of his claim, he tendered his affidavit narrating facts of the complaint. He also relied upon Ex-1 pass book of account no.10634399850,Ex.2 letter dated 11.03.2011, Ex.3 postal receipt, Ex.4 application dated 01.04.2011 under the RTI Act, Ex.5 postal receipt, Ex.6 application under the RTI Act dated 30.04.2011, Ex.7 appeal dated 06.05.2011 under the RTI Act, Ex.8 additional appeal under the RTI Act, Ex.9 reply of the application under the RTI Act dated 30.06.2011 and Ex.10 legal notice dated 20.10.2011.

The opposite party in support of their case tendered in evidence affidavit of Ms.AlpanaKumari. She has narrated facts of the reply in the affidavit.The parties have also filed written arguments in support of their respective stand.

We have heard learned counsel for the parties and have gone through the material on record carefully and thoroughly.

After having heard both the sides at length, going through the complaint, reply of the opposite party, rejoinder, affidavits, documents produced by the parties and written submissions filedby the parties it is common case of the parties that the complainant had saving bank account/pension account no.10634399850 with the opposite party. The opposite party on 12.08.2010 debited sum of Rs.73,821.20/- from the account of the complainant without authority from the complainant. The stand of the opposite party is that excess salary of three months of Rs.73,821.20/- was paid to the complainant. Therefore, the State Bank of IndiaGangoh district Saharanpur, Uttar Pradesh debited Rs.73,821.20/- from the account of the complainant.

Firstof all there is nothing on the record to show that any excess amount of salary was deposited in the account of the complainant. Secondly there is also nothing on the record to show that the State Bank of India ever served any notice to the complainant claiming payment of excess amount to Rs.73,821.20/- of salary of three months. Thirdly there is nothing on the record to show that the amount is withdrawn by the State Bank of India Gangoh District Saharanpur, Uttar Pradesh.

Whereas there is sufficient material on the record to show that the opposite party without any authority from the complainant debited a sum of Rs.73,821.20/- from his saving bank account/pension account no.10634399850. The burden to prove that any excess amount was paid to the complainant is on the opposite party. But there is nothing on behalf of the opposite party to show that any excess amount was deposited in the account of the complainant by the opposite party and the opposite party wascompetent to deduct/debit the sum of Rs.73,821.20/- from thesaving bank account/pension account no.10634399850 of the complainant. The opposite party without any authority, right or title deducted/debited sum of Rs.73,821.20/- from the account no.10634399850 of the complainant. Therefore, the complainant has suffered loss of Rs.73,821.20/- and deprived of his right to use the amount. Hence there is unfair trade practice and deficiency in service on the part of the opposite party.

Therefore, we direct the opposite party to refund Rs.73,821.20/- of the complainant with interest @ 9% per annum from 12.08.2010 till actual realisation and pay a sum of Rs.25,000/- as compensation on account of mental and physical sufferings by the complainant for adopting unfair trade practice and deficiency in service on the part of the opposite party.

Order pronounced on :

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                                                                          (R.S.  BAGRI)

MEMBER                                                                                          PRESIDENT