Haryana

Ambala

CC/332/2017

Nirmal Singh - Complainant(s)

Versus

SBI - Opp.Party(s)

Manjit Singh

04 Dec 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 332 of 2017

                                                          Date of Institution         : 25.09.2017

                                                          Date of decision   : 04.12.2018.

 

          Nirmal Singh aged about 53 years son of Sh.Arjun Singh resident of village           Munnerheri Post Office Sarasheri, Tehsil & District Ambala.

……. Complainant.

                                      Versus

 

 

1. State Bank of India, Industrial Area Branch, Near Mahesh Nagar, Ambala Cantt.District Ambala through its Manager.
2. Regional Manager, State Bank of India, Sector 5, Panchkula.

 

….…. Opposite Parties.

 

BEFORE:   SH. D.N.ARORA, PRESIDENT

                    DR.SUSHMA GARG, MEMBER             

 

Present:       Sh.Baldev Singh, Advocate for complainant.

                   Sh. U.S. Chauhan, Advocate for OPs.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant is a customer of OPs having account No.10373325168 with Op No.1. The complainant and his son Deepak deposit and withdraw the amounts in the said account as per need. On 08.02.2017 Deepak had deposited a cheque No.660033 dated 08.02.2017 for Rs.61,300/-in said branch and further checked on 17.02.2017. He was intimated that cheque has been cleared and approximately an amount of Rs.64000/- is lying deposited in the said account. It was shocked to him because there had been Rs.123000/- in the said account. On enquiry it came to his knowledge that Rs.59,000/- had been withdrawn on three occasions i.e. Rs.24000/- on 18.01.2017, Rs.24000/- on 25.01.2017 and Rs.11,000/- on 01.02.2017 by Sh.Nirmal Singh.  The complainant had not withdrawn the amount, therefore, withdrawal forms were checked and on the same signatures of Nirmal Singh were found but the same were not of complainant. The account was kept hold on the same day i.e. on 17.02.2017. The complainant had moved an application on 18.02.2017 as to who had withdrawn Rs.59,000/- on three occasions  but bank manager put off the matter for about 1-1/2 months. In the first week of April, 2017 the manager had intimated that the person who had withdrawn the amount has been identified and the complainant was asked to come after 8/10 days to collect his entire amount. In the second week of April, 2017 the complainant and his son Deepak had visited the bank and they were surprised to know as the manager had aid that account No.10373325168 was not of complainant rather the same was of one Nirmal Singh son of Mansa Singh village same village Munnerheri. On 26.04.2017 Deepak had received a massage on his phone No.9996010520 your accountXXXXX325168  has a cash withdrawal of Rs.61,300/- on 26.04.2017 available Bal. Rs.2715/-.  Deepak immediately visited the bank and asked the manager why Rs.61300/- were allowed to be withdrawn but it was intimated by the manager that disputed amount is kept in safe custody and would be given to complainant after enquiry.  In the first week of May 2017, the behavior of the Op No.1 totally changed and he said that the complainant can take Rs.61300/- after giving in writing that he had deposited the cheque in the account of other Nirmal Singh son of Mansa Ram. The complainant refused to do so because the account in question was issued by the bank in his own name after issuing a passbook and the gas subsidy of complainant against consumer No.20925 with Gargi Gas Service, Ambala Cantt. is being received for the last three years. The complainant also submitted his aadhaar card but the manager got furious and stunned that the account No.10373325168 is not of complainant and they will not give any amount until and unless the complainant gives in writing that he said account is not of complainant. On 05.05.2017 the complainant made a request to AGM, State Bank of India followed by complaints dated 15.05.2017, 01.06.2017, 29.06.2017 but no action has been made. The act and conduct of the Ops clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavits Annexure CA, Annexure CB and documents Annexure C1 to Annexure C22, Annexure A to Annexure Z and  Annexure A1.

2.                          On notice Ops appeared and filed their joint reply wherein several preliminary objections such as locus standi, concealment of material facts from this Forum, maintainability and jurisdiction etc. have been taken.  The complainant is not having account No.10373325168 and Op No.1 has never issued any passbook to the complainant.  The complainant is trying to misled this Forum  on the basis of forged passbook because the number given by the complainant is in the name of one Nirmal Singh son of Mansa Singh who had opened the said account on 11.10.2004 after submitting required documents. The complainant being clever person and being resident of same village took disadvantage of his name and started operating the account of Nirmal Singh son of Mansa Ram as his own account and managed to update his mobile number and aadhar card number. The complainant has already been informed regarding this but he is not ready to listen anything and filed the complaint before Banking of Ombudsman at Chandigarh wherein it has been observed that in this connection, the bank has submitted that you are not the customer of the branch/bank from the account opening form of the disputed account, it is observed that you are the person other than the actual account holder.  Other contentions have been controverted and prayer for dismissal of the complaint has been made.  In evidence, the Ops have tendered affidavit Annexure RA and documents Annexure R1 to Annexure R3.

3.                          We have heard counsel for the parties and carefully gone through the case filed.

4.                          The complainant come with the plea that he has not withdrawn amount of Rs.59,000/- on three occasions i.e. Rs.24,000/- on 18.01.2017, Rs.24000/- on 25.01.2017 and Rs.11,000/- on 01.02.2017 and he also deposited the cheque bearing No.660033 dated 08.02.2017 and the same has been shown withdrawn on 26.4.2017 from his account whereas the above said amount was not withdrawn by him. For this grievance complainant approached the bank and moved an applications Annexure C12 as well as C13 which was received by the bank and he again moved an applications C14 dated 17.04.2017 and dated 15.05.2017 Annexure C15 wherein he also mentioned  that an amount Rs.61,300/- was also wrongly withdrawn from his account No.10373325168 on 26.04.2017 and son of the complainant immediately went to the bank manager why Rs.61,300/- were allowed to be withdrawn to other person other than his father, manager told him that the enquiry is pending regarding withdrawal of amount of Rs.59,000/- on the basis of applications and same will be refunded after enquiry. The above said facts regarding withdrawal of Rs.59,000/- & Rs.61,300/- has been shown in transaction enquiry report issued by the bank to the complainant Annexure C20. Complainant summoned Sh. Surender Mohan Mongia Branch Manager, SBI Industrial Area Ambala Cantt. in support of his case and said Branch Manager brought the account opening form of one Nirmal Singh son of Mansa Singh Annexure R1 and he specified that there is no other opening form except Annexure R1 nor any other signature sheet of said Nirmal Singh . Perusal of the opening form reflected that two  account numbers mentioned thereupon in the column of account no. i.e. 01190005634 and the another number i.e. 10373225168 and bank manager has stated that 10 years back, the account number in the opening form was replaced/changed with new account number and after induction of CBS system and accordingly new account number as 10373225168 was allotted and also produced the CBS record. The complainant had also summoned Sh. Jagdeep Tarar  representative of Ganga Gas Agency and who stated that the subsidy amount of LPG bearing account number 20925 is being deposited in the name of the complainant and in his account no. xxxxxxx5168(last four digit of the account no.10373225168)  for the last 5 years continuously and produced Annexure A i.e. subsidy record since 2013. The complainant also produced the statement of account pertaining the account No. 10373225168 for the period 10.12.2012 to 12.6.2018 as Annexure B. It is mentioned in the statement of account that it relates to  Nirmal Singh son of Mansa Singh village Munrehri, from which  it is clear that disputed amount has been shown the withdrawal of Rs.59,000/- on three occasions i.e. 18.01.2017, 25.01.2017 and 01.02.2017 respectively Rs.24,000, Rs.24,000 and Rs.11,000/-. On 26.04.2017 Rs.61,300/- has been shown as cash withdrawal and bank employee Ravi Kumar has produced the withdrawal forms and deposit form  pertaining to above said account and alongwith the other deposited and withdrawal forms which are Annexure B to Z and A1. To ascertain whether the amount of Rs.59,000/- has been withdrawn by Nirmal Singh son of Mansa Singh r/o Munerheri  or not this Forum has issued the notice to above said Nirmal Singh alongwith  passbook issued by the OPs. He came present and deposed on oath that the disputed amount Rs.59,000/- mentioned above does not belong to him and he never deposited the said amount but he withdraw the same and he is ready to return back the said amount of Rs. 59,000/- in installments and also visited the bank to deposit Rs.10000/- as installment  and requested the bank manager to receive the disputed amount Rs. 59,000/-  in installments but bank manager stated that matter is pending in the court and said Nirmal Singh further stated in the Court that the amount Rs.61,300/- was wrongly credited in his account and the same does not belongs to him but bank manager has got withdrawn the above said amount from him and same  has been retained by the then bank manager.  Such facts mentioned in para No.6 of the complaint has neither denied or explained in the written statement filed by the bank. He further stated that disputed transactions took place due to mistake of bank.

6.                          Counsel for the OPs in order to counter to above said record has argued that the complainant is not a consumer of the OPs and they never issued pass book Annexure C-1 of account no.10373325168 to the complainant and this pass book is forged one and complicated question is involved in this case and the present complaint cannot be decided in a summarily manner. It requires elaborate evidence and this Forum has no jurisdiction to entertain such type of complaints on the other hand counsel for the complainant has relied upon law laid down of Hon’ble National Commission in case titled as Maa Tarini Transport Ltd Vs. Branch Manager, Keonjhar Central Co-operative Bank, First Appeal No.363 of 2011 decided on 26.11.2017 i.e. Consumer Protection Act, 1986, Section2(1)(g) & 2(1)(o)-Banking Account dispute-State Commission held that Consumer For a has nothing  to do with the matters pertaining  to account dispute-Held-Opening and maintaining  an account with the Bank does come in the definition of service-In case the Bank has indulged in any negligence deficiency in service, it is the duty of the consumer for a to look into the matter and redress the grievance of the consumer.  This Forum in order to clarify the identity of the persons having same name as Nirmal Singh have summoned the original pass book bearing No.103373325168 (photo copy  Annexure C1) wherein the photo of complainant Nirmal Singh has been affixed and duly sealed, stamped and signed by the authorized signatory. Moreover, perusal of the file reveals that as per
annexure V Rs.20,000/- were debited from the account bearing No.10373325168 and credited in the account of Smt.Sulochna wife of complainant and this document also bear the signature of complainant. The entry regarding crediting and debiting of Rs.20,000/- from the account of complainant into the account of his wife Sulochna is also mentioned in Annexure C1 (photo copy of pass book of the complainant) and Annexure C22 (photo copy of pass book of Sulochna). This Forum in order to verify the photocopy of pass book Annexure C1 also summoned the original pass book of complainant which affixed the photo of the complainant duly verified the branch manager of the bank, therefore, this pass book cannot be termed as fake and false rather relates to complainant and this account was being maintained by complainant in normal course. Hence, we are of confirmed view that the complainant is consumer of the OPs.

7.                          From the evidence on record as well as admission of Nirmal Singh son of Mansa Singh r/o Munrehri that above said amount do not belong to him and he is ready to deposit the same with the bank, this forum is of the considered view that complainant is having account No.10373325168 with OP No.1 and OPs have carelessly issued two pass book bearing one and same account number in the name of the two different persons i.e. Nirmal Singh son of Arjun Singh (complainant) and other person namely Nirmal Singh son of Mansa Singh both residents of same village Munerheri.  The bank also failed to clarify how two passbooks have been issued two different persons bearing same account number and failed to verify the complete record of both these persons at the time of depositing or withdrawal of the amount in the said account.

8.                          It is very strange that OPs are very much negligent in their work while dealing with the public money and they even not bothered to match the signature available on the withdrawal form with the specimen signature of account holder available with them. It is bounded duty of the bank officials to deal with the money transactions with due diligence. It has come  on record that OPs kept on making the payment of one account holder i.e complainant and to other person namely Nirmal Singh son of Mansa Singh and had allotted one and same account number i.e. A/c 10373325168 to complainant and Nirmal Singh son of Mansa Singh. This Forum called Nirmal Singh son of Mansa Singh who categorically deposed on oath that amount withdrawn by him amounting Rs. 59,000/- on three occasions does not belongs to him and even an amount of Rs. 61,300-/ was also got withdrawn by the Manager of OP No.1 taking his signature and said amount of Rs.61,300/- has been retained by the then Manager of OP No.1. He further deposed that he gave the proposal to the bank that he is ready to make the repayment of Rs. 59,000/- in installments. It is also clear on the record that the complainant had moved so many complaints Annexure C-12 to C-16 and made the request to the OPs for redressal of his grievance but OPs did not paid any heed and rather acted as dominator. Non-action by the OPs despite after come into their knowledge about the fault on their part tantamounts to deficiency in service and OPs firstly gave the amount Rs. 59,000/- to other person and further retained the hard earned money amounting to Rs. 61300/- with them.  

9.                          So in view of above facts and circumstances of the case we have no option to accept the complaint of the complainant and OPs are directed to pay the amount Rs. 59,000/- and Rs. 61,300/- alongwith the rate of saving interest of the relevant period as from the date of respective withdrawals till their realization.  Hence the present complaint is allowed with cost which is assessed at Rs.5,000/-. However, it is made clear that bank is at liberty to recover the amount of Rs. 59,000/- alongwith the rate of saving interest from said Nirmal Singh son of Mansa Singh r/o Munerheri, if so desired. The above said scenario shows heavy carelessness on the part of OPs which is backbone of our economy and this conduct is not pardonable. Hence, the OPs are also burdened with amount of Rs.50,000/- to be paid to the complainant on account of mental agony & harassment. It is further directed that the OPs shall allot a separate a/c no. to Nirmal Singh son of Mansa Singh r/o Munerheri in order to avoid future dispute and further maintain the account No.10373325168 as of the complainant. Order be complied within a period of 30 days from the date of receiving of copy of this order. Copy of this order be sent to the parties free of costs. File be consigned to the record room after due compliance.

Announced on: - 04.12.2018             

                                                 (DR.SUSHMA GARG)       (D.N.ARORA)

                                                       Member                           President                                                                                                  District Consumer Disputes                                                                                Redressal Forum, Ambala.