Haryana

Karnal

CC/175/2019

Arvind - Complainant(s)

Versus

The Branch Manager Canara Bank - Opp.Party(s)

Pawan Kumar Goyal

09 Jan 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 175 of 2019

                                                          Date of instt.27.03.2019

                                                          Date of Decision 09.01.2020

 

Arvind son of Shri Balwan Singh resident of village Jaisinghpur, Tehsil Assandh, District Karnal.

                                                 …….Complainant.

                                              Versus

 

1. The Branch Manager, Canara Bank, Assandh.

2. The Circle Manager, Canara Bank, Circle Office Sector-12, Karnal.

 

                                                                         …..Opposite Parties.

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Pawan Kumar Goyal Advocate for complainant.

                   Shri Manoj Kumar Sachdeva Advocate for OPs.

                 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant is having a saving bank account bearing no.4167101003582 with the OP no.1 and is having a limit account no.4167841000645 with the OP no.1. The complainant is exclusively managing his account and always maintained sufficient balance. On 25.01.2019, the OP no.1 withdrawn an amount of Rs.3,15,000/- from the saving bank account of the complainant without any reason and instruction on the part of the complainant and without intimating him. When the complainant came to know about the withdrawal of Rs.3,15,000/- from his account by OP no.1, he approached OP no.1 and asked him the reason for withdrawal of Rs.3,15,000/- without his permission and consent but the OP no.1 has not given any satisfactory answer to the complainant and also threatened the complainant to deposit Rs.85,000/- in the account of one lady namely Krishna Rani. On inquiry from OP no.1, it was told by OP no.1 that Rs.4.0 lakhs was wrongly credited in the account of the complainant. The complainant told the OP no.1 that they have to intimate the complainant regarding the deposit of the alleged amount and regarding the withdrawal of amount from the account of the complainant. The OP no.1 had not sought any kind of instructions or approval from the complainant regarding the withdrawal of Rs.3,15,000/- from the account of the complainant. When the complainant requested the OP no.1 to credit the abovesaid amount in his account, then OP no.1 threatened the complainant and blocked the saving bank account of the complainant and also threatened the complainant to stop his CC Limit with OP no.1. Due to closure of his saving bank account, the complainant has suffered irreparable loss which cannot be compensated in terms of money or otherwise. Due to blocking of saving bank account of the complainant, he is unable to do the bank transactions and suffered loss to the tune of Rs.1,00,000/-OP no.1 has to intimate the complainant and had to withdraw the amount with the prior permission of the complainant and after bringing the facts to the knowledge of the complainant but OP no.1 of his own withdrawn the amount and blocked the account of the complainant and exercised his powers excessively and caused loss to the complainant. In this way there was deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who appeared and filed written version raising preliminary objections with regard to maintainability and concealment of true and material facts. On merits, it is pleaded that one Krishna Rani customer of Indian Bank, Branch Lakshmi Nagar Delhi, having account no.6271666104 had approached to her bank for making an RTGS Entry of Rs.4,00,000/- in a Bank Account no.4167101003584 but due to some mistake said Krishna Rani wrongly written last digit of said account number as 2 in place of 4 i.e. wrongly written as account no.4167101003582. Due to such reasons the amount of Rs.4,00,000/- was transferred in the wrong bank account no.4167101003582 which is belongs to the complainant. It is also submitted that after said wrongfully transfer of money in the bank account of complainant, the complainant had withdrawn Rs.85,000/-. In the meanwhile, said Krishna Devi wrote a letter to Branch Manager of Indian Bank, Branch Luxmi Nagar, Delhi and thereafter Branch Manager India Bank, Luxmi Nagar Delhi on 17.12.2018 further sent an email to the OP no.1 i.e. Canara Bank, Branch Assandh, District Karnal for refund of money. On consideration of aforesaid request of Branch Manager Indian Bank, the OP no.1 found that the account numbers and names of account holder are not matching, only then as per guidelines of their head office as well as per rules of the RBI the OP no.1 had transferred the amount of Rs.3,15,000/- in the Indian Bank from the account of the complainant and duly informed telephonically prior to said transfer and at the same time the OPs also requested to complainant to deposit remaining amount of Rs.85,000/- in the bank account of said Krishna Devi, but the complainant has not bothered the same and has served a legal notice upon the OPs without any legal right by claiming aforesaid wrongly credited amount of Rs.4,00,000/- as his own. Whereas the complainant has no concern with the aforesaid money of Rs.4,00,000/-as the same was wrongly credited in the bank account of the complainant. It is further pleaded that son of Smt. Krishna Rani on 18.02.2019 have also lodged an FIR no.ED-SP-000447 under section 379 of IPC in E-Police Station, Shakarpur, East District, Delhi. But even then the complainant has filed the present complaint on the basis of false story. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.4 and closed the same on 29.08.2019.

4.             On the other hand, OP tendered into evidence affidavit of Shamsher Singh Branch Manager Ex.OPSW1/A and documents Ex.OPS1  to Ex.OPS13 and closed the evidence on 16.12.2019.

5.             We have heard the learned counsel of both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             The case of the complainant in brief, is that, he is having a saving bank account bearing no.4167101003582 with the OP no.1 and is having a limit account no.4167841000645 with the OP no.1. The complainant is exclusively managing his account and always maintained sufficient balance. On 25.01.2019, the OP no.1 withdrawn an amount of Rs.3,15,000/- from the saving bank account of the complainant without any reason and instruction on the part of the complainant and without intimating him. When the complainant came to know about the withdrawal of Rs.3,15,000/- from his account by OP no.1, he approached OP no.1 and asked him the reason for withdrawal of Rs.3,15,000/- without his permission and consent but the OP no.1 has not given any satisfactory answer to the complainant and also threatened the complainant to deposit Rs.85,000/- in the account of one lady namely Krishna Rani.

7.             On the other hand, the case of the OP, in brief, is that one Krishna Rani customer of Indian Bank, Branch Lakshmi Nagar Delhi, having account no.6271666104 had approached to her bank for making an RTGS Entry of Rs.4,00,000/- in a Bank Account no.4167101003584 but due to some mistake said Krishna Rani wrongly written last digit of said account number as 2 in place of 4 i.e. wrongly written as account no.4167101003582. Due to such reasons the amount of Rs.4,00,000/- was transferred in the wrong bank account no.4167101003582 which is belongs to the complainant. After said wrongfully transfer of money in the bank account of complainant, the complainant had withdrawn Rs.85,000/-In the meanwhile, said Krishna Devi wrote a letter to Branch Manager of Indian Bank, Branch Luxmi Nagar, Delhi and thereafter Branch Manager India Bank, Luxmi Nagar Delhi on 17.12.2018 further sent an email to the OP no.1 i.e. Canara Bank, Branch Assandh, District Karnal for refund of money. On consideration of aforesaid request of Branch Manager Indian Bank, the OP no.1 found that the account numbers and names of account holder are not matching, only then as per guidelines of their head office as well as per rules of the RBI the OP no.1 had transferred the amount of Rs.3,15,000/- in the Indian Bank from the account of the complainant and duly informed telephonically prior to said transfer and at the same time the OPs also requested to complainant to deposit remaining amount of Rs.85,000/- in the bank account of said Krishna Devi, but the complainant has not bothered the same.

8.             Admittedly, the complainant was/is having a bank account with the OP. It is also admitted that once Krishna Rani had transferred through RTGS an amount of Rs.4,00,000/- in the bank account no.4167101003584 belonging to complainant. The said amount was to be transferred in the account no. 4167101003582 but the same was transferred in account no. 4167101003584 belonging to the complainant inadvertently. As per the version of the said Krishna Rani she has wrongly written the last digit of the account number as 2 instead of 4 i.e. she has written account no. 4167101003582 instead of 4167101003584.

9.             The said Krishna Rani wrote a letter to the Branch Manager of the Indian Bank, Branch Luxmi Nagar, Delhi on 17.12.2018 and also sent e-mail to the OP no.1 for refund of money. On consideration of the aforesaid request of Indian Bank, Luxmi Nagar, Delhi, the OP no.1 found that account number and the names of the account holder are not matching only then as per the guidelines of their head office as well as per rules of RBI the OP no.1 had transferred the amount of Rs.3,15,000/- in Indian Bank from the account of the complainant and duly informed to the complainant, telephonically prior to the said transaction.

10.            It is also admitted that the said amount does not belong to the complainant. The case of the complainant is only that prior to the transfer of the said amount, he might be intimated regarding transaction from his account. When the complainant has not right over the said amount then he has no right to withhold the said amount and OPs has rightly transferred the said amount from the account of the complainant to the account of the actual person of the said amount.  In view of the facts and circumstances of the case, we are of the considered view that there is no force in the complaint.

11.            Thus, as a sequel to abovesaid discussion, we do not find any merits in the complaint and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:09.01.2020                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

       

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                                 Member