Punjab

Ludhiana

CC/21/341

Azad Vir Jain - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

R.K.Bhandari Adv.

15 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 341 dated 15.07.2021                                                        Date of decision: 15.06.2023  

Azad Vir Jain aged 62 years c/o M/s S.S.Trading Company, Purana Bazar, Ludhiana-141008.                                                                                                                                                                                      ..…Complainant

                                                Versus

1.The Branch Manager, State Bank of India, Fountain Chowk Branch, Civil Lines, Ludhiana-141001, email:sbi.00674@sbi.co.in.

2.The Zonal Manager, State Bank of India, Zonal Office, Civil Lines, Ludhiana-141001, email:sbi.06200@sbi.co.in th Floor, Madame Cama Marg, Mumbai-400021, email:chairman.customer@sbi.co.in

4.The Branch Manager, Punjab National Bank, Br.Chowk Saidan, Ludhiana.                                                                                 …..Opposite Parties

         Complaint under section 35 of the Consumer Protection Act, 2019

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.R.K.Bhandari, Advocate

For OP1 to OP3             :         Sh.Girish Anmol Sood, Advocate

For OP4                         :         Exparte

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission by raising a consumer dispute against the OPs by alleging deficiency in service on their part with regard to reimbursement for non-delivered and unencashed banker cheque of Rs.9,81,000/-. Complainant has claimed that he had opened one PPF account with the OP1 on 28.03.1989 and had been depositing different amounts in the said account from time to time. In April 2013, the complainant had submitted to the OP1 a withdrawal request for the maximum feasible amount from his above said PPF account but the said request was not executed on the pretext that the folder of sample signatures obtained by the OP1 from the complainant at the time of opening of said PPF account was not traceable immediately. Thereafter, despite repeated visits made by the complainant with the OP1 for withdrawal of the amount but to no avail. The complainant finally closed his aforesaid PPF account on maturity on 18.03.2020 with the OP1 and Op1 paid him only Rs.39,79,582.27P and detected Rs.9,81,000/- illegally and without any rhyme or reason. So, by filing the present complaint, complainant has prayed that OP1 to OP3 be directed to reimburse the complainant to the tune of Rs.25 lacs which includes Rs.9,81,000/- as reimbursement for non-delivered and unencashed banker cheque, Rs.10,19,000/- as interest on its since 01.05.2013 @9% per annum till filing of the complaint alongwith Rs.5 lac as compensation to the complainant.

2.                Notice of the complaint was issued to the opposite party no.4 through registered post on 23.07.2021 but none turned up for the opposite party No.4 and as such, the opposite party no.4 was proceeded against exparte vide order dated 14.10.2021.

3.                Opposite parties No.1 to 3 appeared and filed their joint written statement and took the preliminary objections qua maintainability of the complaint before this Commission and the complainant has not come to this Hon’ble Commission with clean hands and suppressed the material facts. In fact, on the request of the complainant, the answering opposite parties issued banker’s cheque no.303550523 dated 01.05.2013 for Rs.9,81,000/- which was duly received by the complainant on 01.05.2013 and the said amount was debited from the PPF account of the complainant. The banker’s cheque was issued as the NEFT detail given by the complainant was wrong.

                   On merits, all the allegations levelled by the complainant have been denied being wrong by specifically stated that as per bank’s record, the banker’s cheque remained unpaid solely on account of lapse on the part of the complainant and the said lapse on the part of the complainant cannot be shifted upon the answering Ops. Further, in case the banker’s cheque remained unpaid the entry is not reversed as the beneficiary can get it revalidated. In the end, the opposite parties prayed for dismissal of the complaint.

4.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record copy of PPF passbook as Ex.C1, photocopy of receipt of closing of PPF account as Ex.C2, copy of statement of account Ex.C4, copy of legal notice dated 4.11.2020 issued by counsel for the complainant to the OP1 to OP3 as Ex.C5, copy of reply to the legal notice dated 25.11.2020 as Ex.C6, copy of counter reply dated 11.12.2020 to reply to the legal notice sent by the counsel for the OP1 to OP3 as Ex.C7, copy of application submitted before the Banking Ombudsman, Chandigarh as Ex.C8 and closed the evidence.

5.                When the case was pending for evidence of OP1 to OP3, the compromise has been effected between the parties and the agreement letter Ex.CX which has been executed between the parties has been produced. Pursuant to that Mrs.Renu Bala, DMB, State Bank of India, Civil Lines, Ludhiana appeared in person and suffered a statement that the Bank has already agreed to pay the due principal amount along with interest and in this regard, one agreement letter dated 15.02.2023 has already been given to the complainant. The bank will pay the amount within a period of 15 days as agreed in the agreement letter. The counsel for the complainant has also admitted the said fact and accepted the execution of agreement Ex.CX between the parties. Further, he has got recorded his statement that if the amount is not paid within 15 days, then the complainant will be entitled to interest @7% per annum from the OPs from the issuance of agreement letter dated 15.02.2023. Both the parties have prayed for disposal of the complaint in view of the agreement letter Ex.CX executed between the parties.

6.                           In view of above settlement and recorded statements of the parties today itself, the present complaint stands disposed of with the direction to the OP1 to OP3 to pay due principal amount along with interest as per agreement letter dated 15.02.2023(Ex.CX) within a period of 15 days from the date of receipt of copy of this order, failing which, the complainant will be entitled to interest @8% per annum from the date of execution of agreement letterdated 15.02.2023 till the date of actual realization. Parties shall remain bound by their recorded statement. Copies of order be supplied to parties free of costs as per rules.        File be indexed and consigned to record room.

                     (Jaswinder Singh)            (Sanjeev Batra)                                                               Member                         President

Announced in Open Commission                                           Dated:15.06.2023                                                                                    Gurpreet Sharma.