Tamil Nadu

South Chennai

CC/45/2020

Mr.Jak Jayalanee - Complainant(s)

Versus

State Bank of India, rep by its Branch Manager - Opp.Party(s)

M/s S.Kumaradevan

15 May 2023

ORDER

Date of Complaint Filed : 20.02.2020

Date of Reservation       :26.04.2023

Date of Order               : 15.05.2023       

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                               

CONSUMER COMPLAINT No.45/2020

MONDAY,THE15^thDAY OF MAY 2023

Mr.Jak Jayalanee,

S/o. Jabbar Abdul Khadar,

B3, Chella Enclave,

No.20/21.Dwaraka Colony,

Brindavan Street,

Mylapore,

Chennai – 600 004.                                                           …Complainant.

..Vs..

The Branch Manager,

Balaji Nagar Branch,

State Bank of India,

No.233, Royapettah High Road,

Chennai 600 014.                                                                .. Opposite Party.

* * * * *

 

Counsel for the Complainant   : M/s. S.Kumara devan, Adv.,

 

Counsel for Opposite Party      :Exparte on 18.07.2022

 

On perusal of records and this Commission delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

 

(i)     The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to pay a sum of Rs.5,00,000/- towards compensation for mental agony, tension, pain and sufferings of the Complainant caused by the Opposite Party by his negligent act of freezing Complainant’s account from 27.06.2019 to 03.07.2019 along with litigation expenses.

I. The averments of Complaint in brief are as follows:-

 

1.   The Complainant submitted that he has savings account in Opposite Party bank Erode Main Branch, SBI Bank his Saving Account Number is AC No.31824436417. With regards to the same, the Complainant has received pass book, cheque book and debit card issued from Erode Main Branch, SBI Bank. The Complainant further submitted that his sister namely one A.AfrojBanu D/o. Ameetha residing at B3, Chella Enclave, No.20/21, Dwaraka Colony, Brindavan Street, Mylapore, Chennai 600 004 also having a savings account in the Opposite Party bank and her account Number is AC No.33526536653.  The Complainant’s sister initially opened her Account in Mylapore R.K. Road Branch but without informing the same to her, the same was transferred to Opposite Party branch. Thereafter on her own, she founded that her Account’s home branch was transferred to the Opposite Party branch.  After knowing the same she went to the Opposite Party branch and questioned the same. But the Opposite Party herein casually stated that due to administration reasons they transferred the home branch of the Complainant’s sister account to the Opposite Party’s branch.  Having no other option the Complainant’s sister continued to use the said account from the Opposite Party’s branch.

2.  The Complainant stated that on 25.6.2019 due to medical emergency his sister needs money from her account and for the same she gave a signed  withdrawal slip to the Complainant for a sum of Rs.49,500/-. Thereafter the Complainant went to Opposite Party branch and gave the same to the person who sits in the counter. At that time the person who sits in the counter directed the Complainant direct to write the account holder name in the column present in the withdrawal slip. That time only he realized that his sister failed to fill up her name in the withdrawal slip. After that, the Complainant wrote the name of his sister in the withdrawal slip. 

3.  The Complainant submitted that the authorities present in Opposite Party branch wrongly concluded that the Complainant put his sister’s signature in withdrawal slip.  Thereafter he explained the same to the Opposite Party but the Opposite Party herein was not taken care of the same. It is pertinent to note that without conducting any proper enquiry the Opposite Party freezed the Complainant’s sister account without any intimation through letters or SMS to her, who had her account in the Opposite Party’s bank.  Due to the same the Complainant suffered enormous mental agony.

4.     The Complainant further submitted that due to the urgent medical need of money for his sister without questioning further he tried to take money from his Erode State Bank Main Branch account.  But due to his shock and surprise, the Opposite Party freeze the Complainant’s Erode Main Branch account also. Thereafter having no other option he came out from the Opposite Party’s branch and obtain hand loan from his friends and gave the same to his sister.

5. The Complainant submitted that the Opposite Party freezed the Complainant’s account and his sister account on 27.6.2019 and on 28.6.2019 again the Complainant herein went to the Opposite Party’s branch and requested him to defreeze their accounts.  Initially the Opposite Party refused to do so.  Further due to his repeated request on 03.07.2019 the Opposite Party defreezed their accounts after obtaining an apology letter from the Complainant’s sister. It is pertinent to note that only due to the negligent actions of the Opposite Party the Complainant’s account and his sister’s account was freezed by the Opposite Party. But without considering the same the Opposite Party compelled the Complainant’s sister to give an apology letter to the Opposite Party.  Due to the action of the Opposite Party, the Complainant herein sustains depression and pain.

6.     The Complainant states that his sister alone gave an apology letter to the Opposite Party herein to defreeze her account but after realizing his mistake by the Opposite Party he defreezed the account of Complainant also maintained in the Erode State Bank Main Branch. Further the Complainant herein received an SMS from the Opposite Party bank by stating an apology letter received from the Complainant and on the basis of his letter his account was defreeze. It clearly shows that the Opposite Party has committed a mistake and only to cover the same it defreezed his account.

7.     The Complainant through his advocate sent a legal notice to the Opposite Party to pay Rs.2,00,000/- as a compensation to the Complainant for the mental torture, tension, pain and sufferings of Complainant caused by the Opposite Party by his negligent act of freezing Complainant's account from 27.06.2019 to 03.07.2019 within 7 days from the date of receipt of the said notice. But there is no response or reply from the Opposite Party. Hence this complaint is preferred before this Hon’ble Forum.

II. The Opposite Party set ex parte: 

 Notice was sent to the Opposite Party and was duly served on 07.04.2020. Despite the notice being served the Opposite Party failed to appear before this Commission either in person or by through counsel. Hence on 18.07.2022 the Opposite Party was called absent and set ex-parte. Subsequently, the case was proceeded to be heard on merits.

III. The Complainant has filed his proof affidavit, in support of his claim in the complaint and has filed 6 documents which are marked as Ex.A1 to A-6. Written arguments of Complainant filed.

Points for Consideration:-

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

POINT NO. 1 :-

8.     The contention of the Complainant is that he is having savings account in Opposite Party’s bank, Erode Main Branch in account No.31824436417. His sister A.Afroj Banu, D/o. Ameetha, is having a savings account in the Opposite Party’s bank in account No.33526536653. On 25.06.2019 due to medical emergency his sister who was in need of money from her account gave a signed withdrawal slip to the Complainant for a sum of Rs.49,500/-. The Complainant went to the Opposite Party’s branch and gave the same to the person sitting in the counter, who found that the account holder name was not written in the withdrawal slip. The Opposite Party wrongly concluded that the Complainant had put his sister’s signature in the withdrawal slip. His explanation to the Opposite Party was not taken and instead of providing money to the Complainant, the Opposite Party had freezed the Complainant’s sister account No.33526536353, without any intimation to her. Further submitted that the Opposite Party had freezed the Complainant’s account also.  At the request of the Complainant the Opposite Party after obtaining an apology letter from the Complainant’s sister had defreezed their account on 03.07.2019. A perusal of Exs.A1 to A-3 would show that the Complainant and his sister Afroj Banu are maintaining Saving account with the Opposite Party. As per Ex.A-4, the Opposite Party had freezed the account of the Complainant which was later on removed. 

9.     If according to the Opposite Party the Complainant had no authority to withdraw the amount from the savings bank account of the Complainant’s sister Afroj Banu by using withdrawal slip the Opposite Party ought to have returned the withdrawal slip and refused to make the payment. Instead the Opposite Party without intimation either to the Complainant or to the Complainant’s sister had freezed the account of both the Complainant and his sister Afroj Banu on 27.06.2019 and thereafter after obtaining an apology letter, Ex.A-5 had defreezed the account of the Complainant and his sister on 03.07.2019.  As per Ex.A-6, the Complainant had issued a notice to the Opposite Party seeking compensation for the negligent act of freezing the Complainant’s account from 21.06.2019 to 03.07.2019. The Opposite Party had not given any response to the legal notice of the Complainant.

10.  In view of the discussion made above and in the facts and circumstances of the case, this Commission is of the considered view that the act of the Opposite Party in freezing the account of the Complainant and that of his sisters Afroj Banu from 21.06.2019 to 03.07.2019 on the guise that the Complainant had come to the Opposite Party bank to withdraw the amount to the Complainant’s sister Afroj Banu amount by using her withdrawal slip, without any prior notice to the Complainant is arbitrary and the Opposite Party cannot act at its whims and fancies just because the Complainant is holding account with them without exhibiting any value to its customer causing mental agony and hardship to the Complainant amounts to deficiency in service.  Accordingly Point No.1 is answered.

POINT NO: 2 & 3:-

11.    As discussed and decided in Point No.1 against the Opposite Party, the Opposite Party is liable to pay a  sum of Rs.25,000/- towards compensation for the deficiency in service, mental agony, pain and sufferings caused to the Complainant by the Opposite Party by freezing the Complainant’s account from 27.06.2019 to 03.07.2019 and to pay a sum of Rs.5000/- towards the litigation expenses within 8 weeks  from the date of receipt of this order, failing which the above amount shall carry interest at the rate of 9% per annum from the date of this order to till the date of realisation. Accordingly Point Nos 2 & 3 are answered.

          In the result, this complaint is allowed in part.  The Opposite Party is directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards compensation for the deficiency in service, mental agony, pain and sufferings caused to the Complainant by the Opposite Party by freezing the Complainant’s account 27.6.2019 to 3.7.2019 and to pay a sum of Rs.5000/- (Rupees Five Thousand Only) towards litigation expenses within 8 weeks from the date of receipt  of this order, failing which the  above amount shall carry interest at the rate of 9% per annum from the date of this order to till the date of realisation.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 15^th May 2023.

 

T.R. SIVAKUMHAR                                                                B.JIJAA

    MEMBER I                                                                      PRESIDENT

 

List of documents filed on the side of the Complainant:-

Ex.A1		Xerox copy of the Bank passbook of Complainant.
Ex.A2		Xerox copy of Bank pass book of the Complainant’s sister namely Aforj Banu issued in R.K.Salai SBI Branch.
Ex.A3		Xerox copy of the Bank pass book of Complainant’s sister namely Afroj Banu issued in Balaji Nagar SBI Branch.
Ex.A4	27.06.2019	Xerox copy of the messages received by the Complainant with regards to the freezing and defreezing of Account.
Ex.A5	03.07.2019	Xerox copy of the apology letter given by the Complainant’s sister namely Afroj Banu.
Ex.A6	24.08.2019	Xerox copy of legal notice send to the Opposite Party along with postal receipt.

 

List of documents filed on the side of the Opposite Party:-

 

NIL -

 

T.R. SIVAKUMHAR                                                                    B.JIJAA

      MEMBER I                                                                       PRESIDENT