Complainant Smt.Kaushalya Devi has filed the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to reimburse an amount of Rs.500/- alongwith interest. Opposite party be further directed to pay Rs.10,000/- for harassment, financial loss and mental tension etc alongwith Rs.10,000/- as litigation expenses.

2.        The case of the complainant in brief is that she is maintaining her Saving Bank Account No.11077461858 with State Bank of India, Tibri Road, Gurdaspur. An amount of Rs.54423/- is lying in the saving bank account. She had applied  for ATM Card and for that she approached the  Bank.  The official of the bank directed her to withdraw some amount from her account  but the  opposite party bank officials refused to cash the amount on 03.05.2018 and told her that her account has been "Dormant" and demanded Adhar-card and Pan card for regularize the bank account. After that she had updated the adhar card and pan card on 02.07.2018. She has next pleaded that on 06.07.2018 again she visited bank for ATM and their official informed her that her documents had been updated. Further the bank also directed her to withdraw some amount from her account and ATM will come soon at her address. After withdrawn the amount of Rs.500/- she update her passbook on 06.07.2018. She was astonished by seeing that amount of Rs.500/- was debited on 03.05.2018. Thereafter she asked bank officials regarding the debited of amount of Rs.500/- but the bank failed to give satisfactory reply to her and started making one and the other lame excuse. In case of dormant of account, the account holder cannot withdraw any amount from the account during dormant period as per officials version and if her account is dormant then how the amount of Rs.500/- had been debited from her account on 03.07.2018. Even though she had updated the adhar card and pan card on 02.07.2018. Now she had received ATM card by applying in SBI Branch Judicial Court Complex.  She visited in the branch of opposite party bank many a times and she was harassed and received mental agony at the hands of opposite party. She has also served legal notice but the opposite party did not give any reply to the said legal notice. The acts and conducts of the opposite parties are tantamount to deficiency in service and unfair trade practice on the part of opposite parties. Hence this complaint.

 3.        Notice of the complaint was issued to the opposite party who appeared through its counsel and filed its written reply taking the preliminary objections that the complaint is not maintainable; the jurisdiction of this Ld. Commission is barred to the complainant in the present form and the complainant has got no locus standi to file the present complaint and present complaint filed by the complainant only to harass the opposite party and the complainant has not come to this Ld.Commission with clean hands and has concealed true and material facts before this Ld.Commission and as such the complaint of the complainant is liable to be dismissed. On merits, it was submitted that actually when the Saving account of complainant became dormant, the officials of opposite party directed the complainant to deposit some amount in her account and after deposit she need to withdraw any amount from her account and thereafter her account will be operative. The complainant deposited amount of Rs.2,000/- in her account on 03.05.2018 and withdrawn Rs.500/- on the same date i.e. 03.05.2018 from her saving bank account. Therefore the saving account of complainant became operative. The entries of deposit and withdrawal of amount is clearly depicting from the account statement of complainant. It was next submitted that the complainant has not fulfilled the requisite formalities of the bank which are essential for getting ATM Card. The statement of account of the saving account of complainant was handed over to hereby the officials of opposite party bank from where it is crystal clear that she herself withdrawn Rs.500/- from her account on 03.05.2018. Actually, the complainant demanded VVIP customer service from the officials of bank and on refusal he has filed instant false and frivolous complaint in order to harass and victimize the opposite party. It was next submitted that the account of complainant became operative when the complainant deposited Rs.2,000/- and withdrawal Rs.500/- from her account. There is no entry dated 03.07.2018 in the saving bank account of complainant.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Alongwith the complaint, complainant has filed her own affidavit Ex.CW1/A alongwith copies of documents Ex.C-1 to Ex.C-3.

5.       Alongwith the written reply the opposite parties filed affidavit of Sh.Baljit Singh, Manager Ex.OP-1/A alongwith copies of documents Ex.OP-1/B and Ex.OP-1/C.

6.     Rejoinder filed on behalf of complainant.

7.     Written arguments not filed by the parties.

8.    We have carefully gone through the pleadings of counsel for the opposite parties; oral arguments advanced by their respective counsel for the parties and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.

9.   The present complaint filed by Kaushalaya Devi complainant regarding deficient service provided by State Bank of India. She has saving account  in State Bank of India, Tibri Road, Gurdaspur and a balance of Rs.54,423/-. On 3.5.2018 she requested for issuance of ATM from opposite party but was denied as her saving account was dormant  so opposite party asked her to make her saving account operative by depositing some money and which she complied by depositing Rs.2,000/- on 3.5.2018 and further on 6.7.2018 it was noticed by complainant that a debit of Rs.500/- has been effected by opposite party on 3.5.2018, which complainant denies that she had withdrawn and opposite party has not placed on record regarding any proof of withdrawal of Rs.500/- by complainant on 3.5.2018.

10.      From the grievance of the complainant, facts and evidence placed by opposite party it is clear that the debit of Rs.500/- on 3.5.2018 is erroneous on part of opposite party.

11.    The complaint is partly allowed and opposite party is directed to refund the amount of Rs.500/- to complainant which was wrongly debited on 3.5.2018 alongwith interest of 6% p.a. from the date of debit till its realization. Further opposite party is burdened Rs.3000/- on account of harassment and litigation expenses.

12.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.    Copy of the order be communicated to the parties free of charges.  file be consigned.                                                                                                                                                               

            (Naveen Puri)

                                                                            President   

Announced:                                                   (R.S.Sukhija)

September 14, 2022                                            Member

*MK*