DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.110/2013
Sh. Umesh Prasad
S/o Late Sh. Anroodh Prasad
R/o H.No. H-106, Harkesh Nagar,
New Delhi-110020 ….Complainant
Versus
State Bank of India
through its Manager
Branch at: Saket Courts Complex,
New Delhi-110017 ……Opposite Party
Date of Institution : 04.03.13 Date of Order : 02.06.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Sh. S. S. Fonia, Member
O R D E R
In short, the case of the Complainant is that he had a Saving Bank Account No.32057182179 with the OP Bank. On 07.12.12, he applied for cheque book with the OP but OP did not deliver the cheque book despite deduction of charges from his account on 18.12.12. He visited the OP Bank on several occasions but on each and every occasion the OP “passed the time” on one pretext or the other with malafide intention and ulterior motive. He filed a written application on 30.01.2013 regarding non receiving of his cheque book but the OP refused to receive the same. Therefore, he sent the complaint through speed post on 30.01.13 which was received by the OP but to no effect. Hence, there is a clear cut deficiency in service on the part of OP for not issuing the cheque book. The Complainant has prayed as under:-
i. Direct the OP to issue the cheque book in favour of the Complainant with immediate effect,
ii. Direct the OP to pay a sum of Rs.1 lac for mental torture pain and agony,
iii. Direct the OP to pay Rs.20,000/- as litigation charges.
OP in the written statement has stated that the Complainant visited the branch on 31.01.13 and asking to hand over the cheque book to him without any written request. In December 2012, the Govt. issued the instruction to the bankers that the cheques would be valid for three months and the cheque would bear the digital numbers but the instructions could not be finalized and the printing agency of the OP could not print the cheque in the new CTC System as introduced by the Bank; that after the new CTC System the OP sent a cheque book to the Complainant on 24.02.13 but due to technical fault it could not be delivered to him. They again sent the same to him on 05.04.14 (sic) which was received by the Complainant vide EQ9623070871N dated 06.04.13. It is stated that the delay in issuance of the cheque book was unavoidable due to change of the Govt. policy and it was beyond the control of the OP. OP has prayed for dismissal of the complaint with fine of Rs.25,000/- for filing false and frivolous complaint.
Complainant has filed rejoinder to the written statement of OP and has stated that the Branch Manager issued a cheque book on 05.04.13 by their own choice without any cheque book request from the complainant which was delivered in the 2nd week of April, 2013 vide cheque serial no. 83031 to 83080 after filing of the present complaint on 4.3.13. The Complainant has stated he had sought the information through RTI wherein the OP inter-alia replied that they had no power to forward the request for issuance of the cheque book without receiving any application form but the OP had issued the cheque book of its own choice and the same was delivered to him.
Thereafter OP has been proceed exparte vide order dated 27.05.14
Complainant has filed his own affidavit in evidence and written arguments.
We have heard the Complainant and have also gone through the file very carefully.
Undisputed facts are that the complainant had applied for issuance of cheque book with the OP on 7.12.2012 and that the charges for the same had been deducted from his bank account on 18.12.2012. There is no material on the record to show that the OP had ever intimated the complainant about non-issuance of the cheque book to him on the ground that the CTS system announced by the government was still not made operational and hence the cheque book was not being issued to him. It was the duty of the OP to inform the complainant about the non-issuance of the cheque book to him on this ground but, however, the OP did not do so for the reasons best known to its officers/officials. Undisputably, the OP issued the cheque book to the complainant on 5.4.13 which was received by the complainant on 6.4.13. Therefore, by not responding to the request dated 7.12.12 either by sending the cheque book or by giving any satisfactory reply for non-issuing the cheque book to the complainant till 5.4.13 OP malafidely slept over the matter which must have caused mental agony and mental harassment to the complainant. Therefore, we hold OP Bank guilty of deficiency in service.
In view of above discussion, we partly allow the complaint and direct the OP Bank to pay a sum of Rs. 10,000/- (Rs. Ten Thousand only) to the complainant towards mental agony and litigation charges within 30 days of receipt of copy of this order failing which OP Bank shall become liable to pay the said amount along with interest @ Rs. 7% per annum from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
Announced on 02.06.2016
Case No. 110/13
23.5.2016
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
