Tripura

West Tripura

CC/91/2016

Sri Uttam Ch. Saha. - Complainant(s)

Versus

The Branch Manager, AXIS Bank. - Opp.Party(s)

Self

17 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC-  91 of 2016 

Sri Uttam Chandra Saha,
S/O- Lt. Manmohan Saha,
Office of the President,
District Consumer Dispute Redressal Forum,
Gurkhabasti, West Tripura, Agartala.    ..…..…...Complainant.

       

            VERSUS

The Branch Manager,
Axis Bank, H.G.B. Road,
Near Post Office Chowmohani,
Agartala,799001.                ............Opposite party.

 

                 __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant    : In person.
                     
    For the O.P.             : Sri Arindam Lodh,
                      Sri Subrata Debnath,
                      Sri Koushik Karmakar,
                      Advocates.

        JUDGMENT  DELIVERED  ON: 17.01.2017

 

J U D G M E N T

        This case arises on the petition filed by one Uttam Saha U/S 12 of the Consumer Protection Act. Fact of the case in short is that the petitioner being the staff of the Food, Civil Supplies and Consumer Affairs Department went to deposit  2 nos. of 500/- rupees denominations notes along with other 100/- rupees denominations notes to the Axis Bank on 16.11.16. He was in the queue for 40 minutes and while he was to deposit the amount the bank staff refused to accept the notes of 500/- rupees denomination notes. The petitioner told him that the amount is to be deposited in the Consumer Welfare Fund in the name of the Director, Food, Civil Supplies and Consumer Affairs. He disclosed his identity as a staff of Food Department. But the bank staff insisted for appearance of the depositor  i.e., Director himself or any letter of authority. Being frustrated the petitioner returned  to the office and filed this complainant against the Manager of the Axis Bank, Agartala Branch for deficiency of service. 

2.        Opposite Party, Manager, Axis Bank, Agartala Branch appeared, filed W.S  it is stated that as per mandate of RBI without authority letter the 500/- rupees denomination notes can not be deposited. It is stated  that format of authorization  was issued by RBI. The petitioner did not take the authorization format. The staff of the bank acted as per norms of RBI and there was no deficiency of service.
        
3.         On the basis of contention raised by both the parties following points cropped up for determination:
        (I) Whether the petitioner was barred to deposit the 2 nos. of 500/- rupees denomination notes to the bank account in the name of Director, Food, Civil Supplies & Consumer Affairs as per mandate of RBI?
        (II) Whether the O.P. Bank Manager had deficiency of service in not allowing the staff of the Food Department to deposit the amount and therefore under obligation to compensate the complainant?

4.        Petitioner produced the deposit form and also adduced his evidence.

O.P. produced the RBI guideline notification and also produced the statement of affidavit of O.P. Bank Manager.

6.        On the basis of these evidence we shall now determine the above points.
            
Findings and decision:
        
7.        In this instant case the only point to be determined is that whether the bank manager acted as per RBI guideline or not. We have gone through the RBI guideline vide No. RBI 2016-17/112 Gazette notification No. 2652 8th November, 2016. In this notification it is clearly written that ''In order to enable the members of public  and other entities to exchange their existing Rs.500/- and Rs.1000/- notes, the following arrangements have to be made by the banks.'' This provision is written about the exchange facility. In total 11 types of arrangements are made. In IV arrangement it is written that ''the equivalent value of specified bank notes tendered may be credited to a third party account, provided specific authorisation  therefore accorded by the third party is presented to the bank, following standard banking procedure and on production  of valid proof of identity of the person actually tendering, as indicated in Annex-5.'' This provision clearly deals in the matter of exchange of 500/- and 1000/- rupees denominations notes. The provision is arrangement about the method of exchanging notes, not deposit. But the Axis Bank Manager applied it in case of deposit of the notes. Representative definitely is to produce letter of authority while tendering notes in case of exchange. But it is not applicable in case of deposit. In the notification it is clearly mentioned that one can deposit specific bank note of 1000/- and 500/- denominations notes through ATM cash depositing machine or cash recyclers. It is clearly written that specific bank note can be deposited in cash deposit machine. When it is possible to deposit in the machine without any identity proof then why it is considered necessary for depositing in the bank. We are of the considered opinion that bank manager misinterpreted the guideline of the RBI and harassed the petitioner who is a government employee staff of the Food, Civil Supplies and Consumer Affairs Department. No 3rd party A/C is involved in this case as consumers money was intended to be deposited in the Consumers Welfare Fund.
        
8.        The 2 nos. of 500/- rupees denomination notes were deposited  by the Consumers in the Consumer's Court. The notes are to be deposited in the Consumers Welfare Fund opened in the name of Director, Food, Civil Supplies and Consumer affairs Department. The account was opened long back. The Bank Manager was supposed to be aware about it. Inspite of that he did not allow the Food Department staff to deposit the 2 nos. Rs.500/- denominations notes and harassed him unnecessarily by misinterpreting the RBI guideline. 

9.        In our opinion the Food department should close this Consumer Welfare Fund from this bank and arrange the deposit all amount lying there in any other nationalized bank to get proper service. Matter also should be sent to the RBI for giving proper guideline & taking step relating to affairs of Axis Bank. 

10.        We are of the considered opinion that the Manager, Axis Bank, Agartala Branch had deficiency of service while refusing to accept the 2 notes of 500/- rupees denominations and he is under obligation to compensate the petitioner, the Govt. employee. It is considered that the bank manager failed to interpret the guideline. Therefore a lenient view is taken while passing order on the matter of compensation. Manager, Axis Bank, O.P. is directed to pay compensation Rs.1000/- to the petitioner, Uttam Chandra Saha, staff of the Food, Civil Supplies & Consumer Affairs Department. The amount is to paid within one month. If not paid it will carry interest 9% P.A.

11.         Supply copy of the order to the petitioner and O.P. free of cost  also send judgment of the order copy of the judgment to the Director, Food, Civil Supplies and Consumer Affairs Department and also to RBI office at Agartala.   
         
                       Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.