DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.361/2018
S.N. Panigrahi
214, Lakshmibai Nagar,
New Dehi – 110023
New Address:
At/PO – Kullada, Dist.-Ganjam
Odisha - 761131 ….Complainant
Versus
State Bank of India,
Shastri Bhawan,
Dr. Rajendra Prasad Marg,
New Delhi - 110001 ….Opposite Party
Date of Institution : 04.12.2018
Date of Order : 02.12.2021
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kaushal
On the strength of present complaint, the Complainant seeks following reliefs from this Commission:
- Respondent bank may be directed not to discriminate customers on the flimsy ground of possession/non-possession of a mobile telephone number.
- Respondent bank may be directed to compensate the complainant by Rupees one lakh fifty thousand only, for illegal discrimination, for depriving him of cheque facility for one and half years and subjecting him to unwarranted and unjustified harassment, humiliation and for mental agony.
- Cost of this action may also be awarded.
The Complainant aggrieved by non-issuance of cheque book by SBI (OP) on the ground that he had not given any mobile telephone number, approached this Commission. In support of his case, the Complainant has annexed a complaint to Centralized Public Grievance Redress and Monitoring System as Annexure ‘C-1’, his request for issuance of cheque book dated 25.02.2016 as Annexure ‘C-3’, RTI dated 20.04.2018 as Annexure ‘C-4’ and a letter dated 04.05.2017 by OP which we mark it as Mark ‘A’.
OP on receiving the notice put in an appearance but failed to file the reply. Hence, it was proceeded exparte vide order dated 23.04.19. Complainant has filed his exparte evidence. We have heard the complainant and perused the material placed on record.
Present complaint is filed only on the contention that OP could not have refused the Complainant to issue a cheque book for not having a mobile number. Specially, when the RBI had not issued any specific guidelines for making the mobile phone number mandatory for issuance of a cheque book as mention in the RTI attached as Annexure C-4. We are of the opinion that though, there is no denying the fact that a mobile number is required for being updated in the account so that the customer may be informed regarding the transactions through the SMS alert. But if the customer is ready to forgo such a facility, Bank cannot refuse to give him a cheque book for not having a mobile number.
Further, the complainant’s grievance is that Rupees Thirty Two lakhs were lying idle in his saving account which could not be utilized as he was deprived of the cheque facility by OP for one and a half years subjecting him to unwarranted and unjustified harassment and mental agony. This Commission is of the opinion that the Complainant was not deprived of utilizing his money as there are other modes such as cash withdrawal facility, ATM withdrawal facility, through which he could have withdrawn and used the money lying in the Bank.
However, we are of the opinion that the Complainant was denied to use the cheque facility on a ground which was not a mandate. The non availability of the cheque book would have caused inconvenience to him. Therefore, we allow the complaint and direct OP to pay Rs.10,000/- for the inconvenience, mental agony caused to the Complainant within 03 months of receiving this order. Failing which OP would pay 8% interest on Rs. 10,000/- from the date of request for issuance of the cheque book.
Copy of the order be sent to the parties as per rules and thereafter file be consigned to the record room.
