Haryana

Bhiwani

CC/177/2023

Sunil Goyal - Complainant(s)

Versus

SHGB - Opp.Party(s)

Anirudh

17 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

            CONSUMER COMPLAINT NO. : 177 of 2023

                                                 DATE OF INSTITUTION           : 19.07.2023

                                                             DATE OF ORDER                       : 17.09.2024

 

 

Sunil Goyal, Secretary, Haryana Swabhiman Manch, Gali Modon, Near Nand Ram Katla, Sita Ram Mandir, Halu Bazar, Bhiwani, Tehsil and District Bhiwani.

 

            ……Complainant.

 

Versus

 

1. Branch Manager, Sarv Haryana Gramin Bank, 102, City Center, HUDA Complex, Bhiwani-127021.

 

2. Regional Manager, Sarv Haryana Gramin Bank, 102, City Center, HUDA Complex, Bhiwani-127021.

 

….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-        Sh. Anirudh, Advocate for complainant.

          Sh. Avinash Sardana, Advocate for OPs.

 

ORDER:

Shashi Kiran Panwar, Member:

 

1.         Brief facts of this case are that complainant deposited Rs.6000/- with OP while opening a current bank account bearing no.80022100003831 in the name of complainant society. It is alleged that the OP bank has not issued it, cheque book and statement of bank account till 30.06.2023 despite various request from May 2018 to 27.08.2021 because of which audit of the complainant society is not being done by District Registrar Societies office, Bhiwani and a penalty of Rs.7000/- has been imposed upon it. Again complainant requested many times from 28.07.2021 to 07.01.2023 to OPs for issuance of bank account statement as well as for cheque book but was not provided on lame excuses viz. bank account is non-active and that to get record from other branch will take a sufficient long time. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OPs causing him monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the OPs to pay Rs.1.50 lac as compensation for harassment, to refund Rs.6000/- which deposited at the time of account opening and Rs.35,000/- which paid by complainant to Registrar office as fine for non-auditing the account alongwith interest besides litigation expenses.

2.                     Upon notice, Ops filed written statement submitting that the current bank account was opened in the name of Haryana Swabhiman Manch, Bhiwani by its President, Secretary and Treasurer on 16.05.2018 with initial amount of Rs.6000/- with operative instructions by any two of the above. It is denied that complainant applied/requested for issuance of cheque book. However, perusal of bank account statement reflects no other transaction in this account. It is submitted that complainant not visited the bank except 06.01.2023 when an application was presented for closure of the said bank account.  He was advised to get it signed from all the signatories of the account but after that he did not return to bank. However, complainant made complaint dated 16.02.2023 to various bank authorities, upon which, letter dated 04.03.2023 was sent to him to bring the complete signed application form for closure of the account but the letter received bank undelivered on the available address with bank. Despite that, on receiving e-mail dated 09.08.2023 from the higher bank authorities, the bank account of complainant was closed on 10.08.2023 and Rs.4230/- being account closure proceeds was sent to the complainant on the address mentioned in the consumer complaint, which was received by complainant.  As such, denied for any deficiency in service on the part of OPs and prayed for dismissal of the complaint.

3.                     Documents Annexure C-1 to Annexure C-8 were tendered in evidence of complainant and closed the same on 02.01.2024.

4.                     In evidence of OPs, affidavit of Mr.Deepak Singla, Assistant Manager as Ex. RW1/A was filed and closed the evidence on 06.05.2024.

5.                     We have heard learned counsel for the parties and gone through the record carefully. Written arguments annexed with two documents filed on behalf of OPs.

6.                     At the outset, complainant seeking directions against the OP Bank to pay Rs.1.50 lac as compensation for harassment as it has not issued cheque book despite various written requests and to refund Rs.6000/- which deposited at the time of opening of the account. Also to pay Rs.35,000/- which paid by complainant as fine to the Registrar office due to fault of OP bank.

7.                     Complainant in support of his version that the OP bank has not issued cheque book has placed on record request letter (Annexure C-6 containing three more letters) but these letters do not show that those were ever received by OPs in their bank or complainant has also not been able to produce on record postal receipts from where it could be proved that the letters were sent through post. Further, there is also no proof on record that complainant had to incur allegedly Rs.35,000/- as fine due to non-auditing of the bank account.  It is crystal clear that the OP bank has closed the bank account of complainant as per request letter of complainant (Annexure C-7) and the OP bank refund the balance amount of Rs.4230/- to the complainant as per their Finance Division Circular No.28 of 2020 (annexed with the written arguments).

8.                     After having heard learned counsel for the parties and going through the record, we do not see any deficiency in service or negligence on the part of OP bank, hence, the complaint being devoid of merit is hereby dismissed with no order as to costs. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.              

Announced.

Dated:17.09.2024