Andhra Pradesh

Chittoor-II at triputi

CC/2/2018

K.Kamalanabhachary, S/o. K.Kuppachary, Rtd. State Govt. employee - Complainant(s)

Versus

State Bank of India, Rep. by its Chief Manager - Opp.Party(s)

V.Sudhakar

12 Oct 2018

ORDER

         

 

                                                                                                                                            Filing Date: 21-12-2017                                                                                                                                                                                      Order Date: 12-10-2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. T.Anand, President (FAC)

                                                                                               Smt.T.Anitha, Member

 

 FRIDAY THE TWELTH DAY OF OCTOBER, TWO THOUSAND AND EIGHTEEN

 

C.C.No.02/2018

Between

K. Kamalanabha Chary, S/o. K. Kuppa Chary,

Retired State Government Employee,

Aged about 59 years, D.No. 112, Bazar Street,

Tirupati, Chittoor District.                                                            … Complainant

 

And

The State Bank of India,

Represented by its Chief Manager,

Tilak Road Branch, Tirupati,

Chittoor District.                                                                          …Opposite party

 

        This complaint coming on before us for final hearing on 05.10.2018 and upon perusing the complaint and other relevant material papers on record and on hearing of Sri. V.Sudhakar, counsel for the complainant, and opposite party is remained exparte having stood over till this day and for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

        This complaint is filed by the complainant under section 12 of the Consumer Protection Act 1986, complaining the deficiency in service on part of the opposite party and prayed this Forum to direct the opposite party to pay a sum of Rs.5,00,000/- as compensation towards mental agony and deficiency in service on part of the opposite party towards the complainant. 

        2. The brief facts of the case are: The complainant is having savings bank account bearing No.30161619671 in opposite party bank and he has been operating the same for so many years and the complainant further submits that he approached the opposite party and submitted an application for internet banking on 01.09.2016. The opposite party while entering the date in the system, the CIF number was wrongly entered in the  online account and  issued the passbook with CIF to the complainant. In the said pass book the opposite party entered CIF No.85793290498 instead of 85087135106 which belongs to one Sri. Dr. Soma Dutta, S/o. Kinwar Biswas, Purulia Branch, West Bengal. But the account number belongs to the complainant i.e. 30161619671. It is stated by the complainant that on 08.09.2016 new pass book was issued in continuation of old pass book on his bank account number. But the name of the account holder CIF number changed from first day i.e. from 01.09.2016 onwards the complainant regularly moving the opposite party bank for rectification of problem. The complainant faced inconvenience  as he could not do  transactions from his account as the CIF No was wrongly entered by the opposite party. Hence he was deprived of using the pass book for withdrawal of the money and to deposit money as the CIF number was wrongly mentioned by the opposite party. The complainant made a representation to the opposite party to rectify the mistake committed by them, but the opposite party failed to rectify the same. On 01.11.2016 the complainant gave written complaint to the opposite party bank, but they have not taken any steps to rectify the same. The complainant further stated that the RBI issued guidelines after demonetization in 2016 limiting the number of withdrawals and amounts to be withdrawn. At that juncture, the complainant made several attempts to withdraw the amount from the opposite party bank but could not withdraw the money. He had to depend on ATMs and in the said ATMs also there was a restriction for withdrawal. Hence the complainant being senior citizen suffered a lot as he  has stand for hours together for withdrawing the amount in ATM. He approached to the opposite party bank several times to resolve the problem but in vain. The complainant further submits that on 06.03.2017 the complainant went to the opposite party bank to deposit of Rs.1,66,500/- in his account but the same was refused as the CIF number is not matching the  name of the account holder as per account number. Hence left with no option, the complainant approached banking ombudsman on 08.04.2017. Finally the problem was rectified on 04.05.2017 and new pass book was issued in the name of the complainant. But the complainant suffered a lot for more than eight (8) months  without solution to his problem there is delay in resolving the issue by opposite party and it amounts to  deficiency in service on part of the opposite party and also the opposite party failed to take necessary action immediately after receipt of the complaint from the complainant which is nothing but deficiency in service on part of the opposite party towards the complainant as he is a pensioner. The complainant finally caused a legal notice on 11.08.2017. After receipt of the same, the opposite party gave a reply with all vexatious answers.  Hence the complainant filed the present complaint. 

        3.  Opposite party came into appearance and failed to file the written version within statutory period of 45 days hence, the opposite party called absent and set exparte on 27.03.2018.

        4.   The complainant filed his evidence on affidavit and Ex: A1 to A12 were got marked. The written arguments were filed by the complainant and oral arguments were heard.

       5. Now the point for consideration is:-

           Whether there is any deficiency in service on part of the opposite party? If so, to what extent, the complainant is entitled for the reliefs sought for ?

                   6.Point:-  There is no dispute regarding the savings bank account of the complainant with opposite party’s bank and same was admitted by the opposite party in their reply notice i.e. Ex:A11 dated11.09.2017 .The main case of the complainant is, he is having savings bank account bearing No.30161619671 under ExA1 in opposite party’s bank and he has been operating the same for so many years and the complainant approached the opposite party bank on 01.09.2016 for online banking. Accordingly, the opposite party issued pass book to the complainant under Ex.A2. But in the said pass book the CIF number, belongs to one Soma Dutta of West Bengal was wrongly entered in the pass book . Because of non entry of right CIF number, the complainant is deprived  of using the pass book and to operate his account by depositing and withdrawing  amount. He had to completely depends on ATMs for withdrawal of amount. The complainant further submits that immediately he made a representation to the opposite party, but the opposite party failed to rectify the same even after several requests made by the complainant and also. Due to demonetization the Reserve Bank of India restricted withdrawals through ATM also due to heavy crowd in the ATMs he has faced much inconvenience, as he was not permitted to withdraw the amount from the bank as the mistake in mentioning correct CIF was not rectified. Hence even after several representations under Ex.A3,A4 andA5, the opposite party failed to rectify the mistake which was committed by them. Finally the complainant approached ombudsman and made a complaint under Ex.A7 dated 08.04.2017. After making representation to the ombudsman, the opposite party finally rectified and re-entered the correct CIF No and issued fresh pass book under Ex:A8 dt: 04.05.2017 to the complainant. But from 01.09.2016 to 04.05.2017, the complainant faced much inconvenience for eight months and meanwhile the demonetization was announced by banning old currency notes of Rs.500/- and Rs.1000/- notes on 08.11.2016  to 31.12.2016 for which the complainant deprived of using his account for depositing the amount in his bank  for exchange of old currency, but he was not permitted to do so only because of negligence on part of opposite party which creates lot of inconvenience to the complainant. It clearly shows that the opposite party is responsible for the loss and inconvenience caused to the complainant nearly for eight months from 01.09.2016 to 04.05.2017. As the demonetization period was announced on 08.11.2016 to 31.12.2016 and as he was deprived of using of his account of the said period which clearly shows that there is deficiency in service on part of the opposite party towards the complainant as there was no fault on him. The opposite party failed to take immediate steps to rectify their mistake and there is delay of eight months nearly eight months to rectify the mistake and they have initiated action only after complaint made before ombudsman by the complainant under Ex.A7,  which is nothing but deficiency in service on part of opposite party towards the complainant.

                   We are therefore, of the opinion that, there is deficiency in service on part of the opposite party towards the complainant. Hence this point is answered in favour of the complainant and the complaint is to be allowed partly.

         In the result, complaint is allowed in part directing the opposite party to pay a sum of Rs.25,000/- (Rupees twenty five thousands only) towards compensation for mental agony suffered by the complainant and deficiency in service on part of the opposite party and to pay a sum of Rs.2,000/- (Rupees two thousands only) towards litigation expenses. The opposite party is further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order failing which, the above compensation amount of Rs.25,000/- (Rupees twenty five thousands only) shall carry interest at 9 percent per annum from the date of this order till realization.

        Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 12^th day of October, 2018.

           Sd/-                                                                                                                 Sd/-                                                                                            

    Lady Member                                                                                                 President (FAC)

 

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1:  K. Kamalanabha Chary (Chief affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1: R.V. Hanumantha Rao (Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original copy of SBI, Tilak Road Branch, Tirupati old Pass Book issued on 08.01.2014 by the opposite party filed by the Complainant.
	Original copy of SBI, Tilak Road Branch, Tirupati, further Pass Book issued on 08.09.2016 by the opposite party filed by the Complainant.
	Photo copy of Complaint regarding rectification of CIF Number- Reminder- Request - Regarding. Dt: 01.11.2016 filed by the Complainant.
	Photo copy of Complaint regarding change of CIF Number fed wrongly - Reminder- Regarding. Dt: 06.03.2017 filed by the Complainant.
	Complaint Register duplicate (Complainants copy) copy of registered complaint by opposite party. Dt: 06.03.2017 filed by the Complainant.
	Original copy of Deposit Slip Dt: 06.03.2017 and Cancelled Multi-City Cheque No.202336 filed by the complainant.
	Complaint regarding rectification of my SBI-CIF number and Account was freezed. Dt: 08.04.2017 to Ombudsman including E-Mails four in number filed by the complainant.
	Original copy of New Pass Book (SBI, Tilak Road Branch, Tirupati) issued on 04.05.2017 by the opposite party filed by the complainant.
	Letter regarding withdrawing the complaint by the complainant. Dt: 04.05.2017.
	Office copy of the Legal Notice issued to the opposite party filed by the complainant. Dt: 11.08.2017.
	Opposite party Reply Notice Dt: 11.09.2017 given to the Notice of Complainant. Dt: 11.08.2017.
	Original copy of Aadhaar Card submitted by the Complainant. Aadhaar No. 5521 2339 0803.

 

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

                                                                                                      NIL

 

                                                                                                                                   Sd/-                                   

                                                                                                   President (FAC)

 

 

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

            Dist. Consumer Forum-II, Tirupati.

 

Copies to:  1) The Complainant, 

                  2) The Opposite party.