Delhi

North East

CC/466/2015

Sonia - Complainant(s)

Versus

State Bank Of India & another - Opp.Party(s)

15 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

Complaint Case No. 466/15

 

CORAM:        Hon’ble President Sh. N.K. Sharma

Hon’ble Member Sh. Nishat Ahmad Alvi

                        Hon’ble Member Ms. Manju Bala Sharma

 

In the matter of:

Ms. Sonia

D/o Sh. Bhoop Singh

R/o 24/456, Trilok Puri,

Delhi                                                                                         Complainant                                       

           

Versus

 

1. State Bank of India

Anaj Mandi,

Shahdara,

Delhi-110032

Through its Branch Manager

2. The Office of District Social

Welfare Officer (East)

Department of Social Welfare

& Women and Child Development,

Government of NCT of Delhi,

Block No.10, Geeta Colony,

Delhi

3. State Bank of India Life Insurance (SBIL),

112, Second Floor, Daya Nand Marg,

Opposite Golcha Cinema, Darya Ganj,

Delhi-110 002                                                                  Opposite Parties

 

                                                                                      DATE OF INSTITUTION: 26-11-2015

                                                                                      DATE OF DECISION      : 15-01-2016

Order

 

Nishat Ahmad Alvi, Member:-

Manju Bala Sharma, Member :-

 

 

As per complaint OP2 announced a LAADLI Yojna Scheme in collaboration with OP3.  Complainant applied for the benefits in the said scheme.  After maturity of the scheme the amount to which the beneficiary was entitled was to be paid through account maintained by the beneficiary with OP1.  Accordingly complainant opened her account with OP1 vide No.31688367692. 

After maturity OP2 was under obligation to transfer the maturity amount in the account maintained by complainant with OP1.

Complainant approached OP1 but OP1 failed to pay the same to her.  Later on it was found out that maturity amount of the complainant has been wrongly transferred in account No.32953428729 of some Parul instead of Account No. 31688367692 maintained by the complainant.  OP2 vide its letter dated 02.05.2014 also acknowledged this fact, further requesting OP1 to transfer Rs.18,873/- into the account of complainant after deducting the same from the account it was wrongly transferred in.  Despite that OP1 did not transfer the said amount in complainant’s account.  Complainant also issued legal notice to the OPs but with no result.

Pleading negligence on the part of the OPs and illegal retention of complainant’s money by OPs, complainant has prayed for grant of Rs.18,873/- with 24% per annum interest therein from the date of maturity along with compensation of Rs.50,000/- and litigation cost.

All the three OPs were duly served.   OP1 denied in its reply any cause of action against it on the ground that it is not complainant’s account maintaining branch but Himmat Puri branch of State Bank of India Delhi.  OP1 has admitted the fact of wrong transfer in the account of some Parul instead of complainant further alleging that it was only due to the fault of OP2 or OP3.  OP1 has also acknowledged in its reply that after receipt of letter dated 02.05.2014 issued by OP2 it has transferred the only available balance of Rs.3,000/- in the account of complainant, after deducting the same out of the account of person in whose account the total amount was wrongly transferred. 

OP2 put its appearance through its AR who instead of filing reply placed on record aforesaid letter dated 02.05.2014 thereby acknowledging the wrong transfer and further stating that it has already directed OP1 to re-transfer the amount in complainant’s account.  

OP3 by filing its reply has alleged that OP2 itself had given wrong account number and it has transferred the amount in good faith in that very account.  In support of its contention OP3 has filed copy of Memorandum of Understanding dated 30.07.2008 entered into amongst the OPs as well as email dated 20.05.2013 sent by OP2 to OP3 along with maturity claim list consisting of names and other particulars including account numbers of the persons entitled for maturity amount. 

As the fact of wrong transfer and non receipt of maturity amount in full has been admitted by all the parties and the relevant evidences are already placed on record, no further evidence is required.

Heard the parties and perused the record.  Going through the MOU Annexure-A dated 30.07.2008 filed by OP3, we find that para 17 clearly states as follows :-      

“That the Government shall notify SBIL on occurrence of claim and shall provide an SBI Savings Account number for payment of maturity claims.  The responsibility to check the correctness and validity of the claim lies completely with the Government”. 

            Further Annexure B, the email along with maturity claim list filed by OP3 clearly established that OP2 had sent this email dated 20.05.2013 to OP3 along with list of the claimants including the complainant at Serial No.176 in which the account number of the complainant is given 32953428729.

            On the basis of above said facts and the documents placed on record, we are of the view that it was only OP2 on whose negligence the maturity amount was transferred in wrong account while OP1 & 3 acted in good faith and only as per directions given by OP2 without any negligence on their part.  Hence holding OP2 guilty for deficiency in service, we direct OP2 to pay to the complainant the balance amount left after deducting Rs.3,000/- already paid with interest @ 12% per annum from the date of maturity within a week from the receipt of the order.  We also direct OP2 to pay to the complainant an amount of Rs.5,000/- as compensation for harassment including litigation cost.  No order with respect to OP1 to OP3 as there is no deficiency in service on their part.  Accordingly the complaint is disposed of.   

Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.  

File be consigned to record room.

Announced on    15/01/2016

                                     

             ( Nishat Ahmad Alvi )                                           ( Manju Bala Sharma )                                                      

                  Member                                                                Member