| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 151 of 29.4.2019 Decided on: 6.1.2023 Shashi Joshi aged about 49 years son of Sh.Baldev Krishan Joshi, resident of 6-B, Partap Nagar, Patiala. …………...Complainant Versus State Bank of India, Branch Patiala Cantt., Cantonment Area, Patiala through its Branch Manager. …………Opposite Party Complaint under the Consumer Protection Act QUORUM Sh. S.K.Aggarwal, President Sh.G.S.Nagi,Member ARGUED BY Sh.J.D.Bansal, counsel for complainant. Sh.P.S.Mann, counsel for the OP. ORDER S.K.AGGARWAL, PRESIDENT - The instant complaint is filed by Shashi Joshi s/o Sh.Baldev Krishan Joshi (hereinafter referred to as the complainant) against State Bank of India (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- It is averred that the son of the complainant namely Vikram Joshi was willing to study abroad and succeeded in taking admission in THOMPSON RIVERS UNIVERSITY, CANADA for purchasing ELS courses vide student No.T00608618. It is further averred that in this regard the university issued letter to the son of the complainant clearly mentioning the fee amount as $18,812.00CAD.
- It is further averred that the complainant is maintaining his saving bank account No.65181065172 with the OP. The complainant went to the OP and requested for withdrawal of the amount of Rs.10,18,272.98p against $18832 CAD to be sent to his son through a institution like Western Union Money Transfer .It is further averred that the OP requested the complainant to send/transfer the money from its bank. The complainant agreed to the same. It is further averred by the complainant that the OP filled the form for Rs.10,18,272.98p which was equivalent to $18832 CAD from his bank account in order to send the same to the university vide different entries of Rs.10,16,740/-, Rs.539.90 and Rs.993.08p respectively on dated 5.3.2019.
- It is further averred that the amount could not be transferred to the account of university due to fault of the bank and the complainant received a message from the concerned university on his mobile number on 13.3.2019. Immediately the complainant visited to the OP and enquired about the same but the OP did not give any response and rather misbehaved with the complainant. Further it is averred that on seeing the entries of the passbook it transpired that the OP bank had credited the amount of Rs.965328/- in the account of the complainant after illegally deducting Rs.51412/- . It is further averred that the complainant wrote various letters for the refund of the said amount but of no avail. There is thus deficiency in service on the part of the OP. Consequently, prayer has thus been made for the acceptance of the complaint.
- Upon notice OP appeared through counsel and filed the written statement taking various preliminary objections. On merits, it is submitted that the complainant approached the OP for remittance of 18832 Canadian Dollars (CAD) in the name of his son Vikram Joshi having account No.1105935 in the bank of Montreal, THE, RA. It is further averred that the complainant himself approached the OP for sending foreign currency and completed requisite Form A-2 (Application cum declaration form) prescribed for Overseas Remittance under the Liberalized Remittance Scheme (LRS) framed by the Reserve Bank of India and authorized the OP to debit his account with a sum of Rs.10,18,273/- vide his cheque No.191361 dated 5.3.2019 drawn on his account No.65181065172 maintained with the OP and remitted the Canadian Dollars to the account of the beneficiary according to the particulars filled by the complainant in the prescribed Form A2 and MT 103 was sent to the receiver bank i.e. Bank of Montreal, as requested by the complainant. It is further averred that due to wrong particulars with regard to the account number of beneficiary , remittance sent through MT 103 dated 5.3.2019 was returned by the foreign bank vide its message dated 13.3.2019 and accordingly the amount of Rs.9,65,328/- was credited to the account of complainant. It is further averred that when foreign currency is remitted TT (TT stands for telegraphic transfer) selling rate is applied and when the amount of CAD 18832 was remitted , TT rate of one Canadian Dollar was 53.99 and accordingly the said rate of applied by the bank and when the remittance was returned by the foreign bank TT buying rate was Rs.51.26 per CAD. The said rate was applied for converting CAD 18832. Consequently on account of difference in exchange rate, a lesser sum of Rs.51,412/- was credited to the account of the complainant. It is further averred that the OP is not responsible for the loss which has arisen on account of difference in exchange rates and there is thus no deficiency in service on the part of the OP. After denying all other averments made in the complaint, the OP has prayed for the dismissal of the complaint.
- In order to prove his case, the complainant through his counsel has furnished his affidavit, Ex.CA alongwith documents , Ex.C1 copy of Aadhar card, ExC2 copy of university letter, E.C3 copy of university fee detail, Ex.C4 copy of pass book, Ex.C5 copy of pass book entry, Ex.C6 copy of refund entry, Ex.C7 copy of request letter,Ex.C8 copy of request letter,Ex.C9 copy of repayment letter and closed the evidence.
- In rebuttal the OP through its counsel tendered in evidence Ex.OPA affidavit of Anumeha Sinha, Branch Manager,Ex.OP1 copy of application for remittance, Ex.OP2 copy of outgoing message for remittance (Pages 4),Ex.OP3 copy of message received from foreign bank whereby remittance was returned and has closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- Concededly , the complainant approached the OP for transfer of Canadian $18832 to the University in Canada for which an amount of Rs.10,18,272.98 was debited to his saving bank account vide cheque No.191361 dated 5.3.2019 for which entry in the pass book Ex.C5 on 5.3.2019 has been made.The application, Ex.OP1 for remittance of the same was processed by the OP, which was duly signed by the complainant. The beneficiary account number mentioned in the said application form is 1105935 with BANK OF MONTREAL with beneficiary name as Vikram Joshi.
- The complainant is a teacher by profession, was fully aware about the transactions and importance of the bank account number and name of the beneficiary to which the money was to be transferred. The beneficiary name mentioned in the said form is Vikram Joshi and account number mentioned is 01105935. However, during the course of arguments, ld. counsel for the complainant was asked to produce the document pertaining to the said account number and as per the document provided by the ld. counsel , the beneficiary account number is 1105-935 belongs to the THOMPSON RIVERS UNIVERSITY who issued a invoice to Vikram Joshi for submission of tuition fee and education fee and as such the beneficiary name should have been mentioned as Thompson Rivers University.The bonafide mistake in the name of beneficiary and account number was there in application cum declaration form Ex.OP1 which was duly signed by the complainant and as such the mistake was on the part of the complainant itself.
- From the perusal of the said document, it transpires that due to mismatch in the name of the beneficiary and account number the said transaction failed and the amount of Rs.9,65,328/- was credited to the account number of the complainant after deducting an amount of Rs.51412/-. The said deduction was made on account of fluctuation in the rate of Canadian $ vis a vis Indian rupees.
- In view of our aforesaid discussion, we are of the considered opinion that there is no deficiency in service on the part of the OP/bank and the complaint is dismissed accordingly with no order as to costs.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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G.S.Nagi S.K.AGGARWAL Member President | |
