BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.309 of 2014

Date of Instt. 05.09.2014

Date of Decision :12.01.2015

Smt.Vijay Kumari, aged about 60 years wife of Sh.Yash Pal R/o 90/4, Krishna Nagar, Jalandhar.

..........Complainant

Versus

1. State Bank of India, Madam Cama Road, Nariman Point, Mumbai, through its Chairman/Managing Director.

2. State Bank of India, R.K.Puram Branch, New Delhi through its Chief Manager.

3. State Bank of India, Main Branch (BPR), Civil Lines, Jalandhar through its Branch Manager.

4. State Bank of India, Nakodar Road Branch, Jalandhar through its Branch Manager.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Sh.Vikas Chhabra Adv., counsel for complainant.

Sh.Ashish Bembey Adv., counsel for OP No.4.

Opposite parties No.1 to 3 exparte.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite parties on the averments that the complainant was an employee of Health Department, Punjab and she has retired from her job. The complainant is having a saving bank account No.20041570166 with the opposite party No.4 and after her retirement, she deposited huge amount in her saving bank account from time to time and uptill 22.2.2014, a sum of Rs.5,07,506/- is lying credited in her bank account and moreover, thereafter also she has received a sum of Rs.27,000/- from her department and the same is also credited in her above said bank account. The complainant is operating this bank account for the last so many years and it is the main bank account which the complainant is operating to meet the day to day needs of her life. For the last number of months, the complainant was visiting the opposite party No.4 for getting the operation of same, but the bank authorities did not allow her to operate the bank account and similarly the ATM facility as well as other withdrawal facilities have been freezed by the bank due to reason best known to the opposite parties. The complainant also wrote letters for getting the operation of said bank account and for withdrawal of amount from her above stated bank but the bank authorities did not bother about it. Thereafter the complainant number of times visited the opposite parties and after so many visits, bank authorities informed her that her account has been freezed/sealed by the order of some police authorities of New Delhi but the said order was not even shown to the complainant. The complainant was not given any opportunity of hearing before freezing the said saving bank account of the complainant. On such like averments, complainant has prayed for directing the opposite parties to allow her to operate her above said saving bank account. She has also demanded compensation and litigation expenses.

2. Upon notice, opposite party No.4 appeared and filed a written reply raising preliminary objections regarding non joinder of necessary party, maintainability etc. It further pleaded that complainant has not come forward with clean hands as complainant is an associate of the accused Sh.Shiv Chand Kumar who with the help of complainant fraudulently transferred amount approximately Rs.11 Lacs to his saving account No.31840477099 from the account of Prime Minister Scholarship Scheme of account No.10932791339 of State Bank of India R.K.Puram, New Delhi and also fraudulently transferred some amount in the account of the present complainant. Therefore it is clear that the complainant is associate of accused person, who fraudulently transferred fund from the Prime Minister Scholarship Scheme of account No.10932791339 of State Bank of India R.K.Puram, New Delhi and has not filed the present complaint with clean hands, therefore, the complaint is not maintainable hence liable to be dismissed with costs. The complainant's account has been freezed by R.K.Puram Branch of State Bank of India on the request/direction letter which the R.K.Puram Branch of State Bank of India had received from the police station Rama Krishana Puram, New Delhi through SI Bansi Lal No.D4954 in which it was written that seize the account & also provide the transaction detail of complainant's account and also provide the full address of the complainant as FIR No.447/13 dated 20.11.2013 U/s 408/420/120/341 IPC is registered against the associates of the complainant. In letter of direction, it is submitted that a case FIR No.447/13 dated 20.11.2013 U/s 408/420/120/341 IPC, Police Station RK Puram New Delhi was registered on the complaint of Sh.SC Jadav son of Bhem Singh R/o 1237, DSOH, Sector 2, Rama Krishana Puram, New Delhi. The alleged person (accused) Shiv Chander Kumar son of Shaarda Charan R/o Village Thati Post Rosera P.S, Rosera District Samastipur Bihar, fraudulently transferred the amount approximately Rs.11 Lacs to his own saving account No.31840477099 from the account of Prime Minister Scholarship Scheme of account No.10932791339 of SBI, RK Puram Branch, New Delhi. During the course of investigation it came to notice that the alleged person Shiv Chander Kumar with the help of his associate Anuj Kumar & other person also fraudulently transferred some amount in complainant's account. The reason for freezing the account is due to the letter received from police station Rama Krishana Puram, Delhi in FIR No.447/13 dated 20.11.2013 U/s 408/420/120/341 IPC. This shows that a FIR is lodged and investigation is pending, so involvement of complainant in criminal activities is possible, therefore, freezing of account on the request of the police authorities does not amount to deficiency in services of the bank and also does not amount to unfair trade practice on behalf of the bank authorities. It denied other material averments of the complainant.

3. Upon notice, opposite parties No.1 to 3 did not appear and as such they were proceeded against exparte.

4. In support of her complaint, complainant has tendered affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to C5 and closed evidence.

5. On the other hand, learned counsel for opposite party No.4 has tendered affidavit Ex.DA1 alongwith copies of documents Ex.D1 to D6 and closed evidence.

6. We have carefully gone through the record and also heard learned counsel for the complainant and learned counsel for the opposite party No.4.

7. Counsel for the complainant contended that no amount was transferred in the account of the complainant from the account of Shiv Chander Kumar. He further contended that the police or investigating officer can not freeze the account during investigation without order of the court. He further contended that the opposite party bank has failed to show that if any amount was transferred from the account of above said alleged accused Shiv Chander Kumar and as such freezing of account by opposite party bank is wrong and illegal. He further contended that in the letter Ex.O1 there is some cutting in respect of the account number of the complainant. On the other hand, it is has been contended by learned counsel for the opposite party No.4 bank that the account of the complainant has been freezed on the directions of the investigating officer in above said FIR, copy of which is Ex.D6 on record. He further contended that the above said FIR was registered against Shiv Chander Kumar as it was found that he has fraudulently transferred approximately Rs.11 Lacs to his account from the account of Prime Minister Scholarship Scheme of account No.10932791339 of State Bank of India, RK Puram Branch, New Delhi. He further contended that during investigation it was found by the police that Shiv Chander Kumar had fraudulently transferred some amount from his account to the account of various persons including the account of present complainant. He further contended that on the written request of the police/investigating officer, the account of the complainant has been freezed. We have carefully considered the contentions advanced by learned counsels for both the parties. Ex.D1 is letter written by SI Bansi Lal of police station RK Puram, New Delhi regarding the request to seize the accounts wherein it is mentioned as under:-

"It is submitted that a case FIR No.447/13 dated 20.11.2013 U/s 408 IPS P.S.R.K.Puram, New Delhi was registered on the complaint of Shri.S.C.Yadav S/o Shri Bhim Singh R/o 1237, DSOH, Sec-2, R.K.Puram, New Delhi. The alleged person Shiv Chander Kumar S/o Shaarda Charan Karn R/o Village Thati PO Rosera P.S Rosera District Samastipur, Bihar, fraudulently transferred the amount approximately Rs.11 Lacs to his own saving account No.31840477099 from the account of Prime Minister Scholarship Scheme of A/C No.10932791339 of SBI RK Puram, New Delhi.

During the course of investigation it came to notice that the alleged person Shiv Charan Karn with the help of his associate Anuj Kumar and other persons, also fraudulently transferred some amount to the following accounts:-

1. A/C No.30164700138.

2.A/C No.30379906022

3.A/C No.30521884880

4.A/C No.30480353997

5.A/C No.31660348125

6.A/C No.30858526863

7.A/C No.30929731240

8.A/C No.20041570166

9.A/C No.31119834875

10.A/C No.11344831308

11.A/C No.11195721620

12.A/C No.30162393956

13.A/C No.20051567833

14.A/C No.30142239330

15.A/C No.30805510955

16.A/C No.20004327490

17.A/C No.30817500388

18.A/C No.20051587844

19.A/C No.20051567811

20.A/C No.20051567822

21.A/C No.30245689203

22.A/C No.30054181825

23.A/C No.31590377201

24.A/C No.30274498511

The other alleged persons are absconding and can make transactions. Therefore, keeping in view of the above said facts, it is requested that all the above said accounts of different persons may please be seized immediately till further order of the investigation officer or SHO, R.K.Puram, New Delhi and also provide the name and address of above said accounts holders".

8. In the above said letter the account of the present complainant is mentioned at serial No.8 i.e A/C No.20041570166. So far as cutting in account number is concerned, the letter Ex.D5clarify the matter. It is written by Assistant General Manager to the Branch Manager of opposite party No.4 bank wherein it is mentioned that account number in the letter of police station RK Puram, New Delhi is erroneously mentioned as 20021570166 instead of 20041570166. The opposite party bank has freezed account of the complainant on the directions of the police which were issued by police during investigation of above said FIR. This Forum in its summary jurisdiction can not interfere with the power exercised by the police during investigation of a criminal case. The complainant should approach the concerned investigating officer or some competent court regarding freezing of her account by the bank at the request of the police. In our opinion, the freezing of account by the opposite party bank at the request of the police during investigation of a criminal case does not amount to any deficiency in service. The opposite party bank was duty bound to freeze the account of the complainant on the directions of the investigating officer and it was not for the bank to decide that the investigating officer has rightly requested for freezing of the account of the complainant or not.

9. In view of above discussion, we hold that there is no merit in the present complaint and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia

12.01.2015 Member President