Chandigarh

DF-I

CC/262/2016

Sh. Isher Singh - Complainant(s)

Versus

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

28 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Consumer Complaint  No	:	CC/262/2016
Date  of  Institution	:	20/04/2016
Date   of   Decision	:	28/12/2016

 

 

 

 

 

Isher Singh S/o Sh. Kaur Singh, R/o H.No.14, Sector 41-A, Chandigarh.

…………… Complainant

VERSUS

 

1]   The Branch Manager, Punjab National Bank, SCO No.49, Sector 20-C, Chandigarh.

2]   The Branch Manager, Punjab National Bank, Moti Ram Arya School, Sector 27, Chandigarh.

……………  Opposite Parties

 

BEFORE:    MRS.SURJEET KAUR           PRESIDING MEMBER

           SH.S.K. SARDANA            MEMBER

 

For Complainant	:	Sh. Rakesh Kaundal, Advocate.
For Opposite Parties	:	Sh. Y.P. Sharma, Advocate.

 

PER S.k. SARDANA, MEMBER

 

 

          The succinct facts of the present Complaint are that the Complainant was maintaining a Pension Account No.3919000100032071 with the Opposite Party NO.1 for drawing his pension against PPO No.187049/Pb. It has been alleged that a sum of Rs.1,87,000/- on different dates was illegally withdrawn from his aforesaid account by the Opposite Party No.2 through Centralized Bank Solutions, without his consent/ notice, when the Complainant had gone to Canada.  Accordingly, the Complainant got served a legal notice dated 10.03.2016 upon the Opposite Party No.1, but to no success. With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case.

 

3.      Opposite Parties, in their joint reply, while admitting the basic facts of the case have pleaded that a sum of Rs.1,87,272/- was recovered from the saving account of the Complainant maintained with Opposite Party No.1 towards recovery of bank dues by Opposite Party No.2 by exercising its right to set off. The recoveries were made in installments on 3.6.2015, 14.7.2015, 25.8.2015, 12.10.2015 and lastly on 07.12.2015, but the Complainant never objected to recoveries made, till Nov. 2015. All other allegations made in the Complaint have been denied and pleading that there was no deficiency in service on their part, Opposite Parties have prayed for dismissal of the complaint.

 

4.      Parties were permitted to place their respective evidence on record, in support of their contentions.

 

5.      We have heard the learned counsel for the parties and have perused the entire record with utmost care and circumspection. 

 

6.      The main grievance of the Complainant is that the Opposite Parties have recovered the outstanding loan and interest from the Complainant’s Pension Account, without his consent/notice, when the Complainant had gone to Canada.

 

7.      We have gone through the document placed at Annexure R-3, which is a letter of hypothecation in favour of the Manager of the Punjab National Bank, Sector 27, Chandigarh i.e. Opposite Party No.2 and request made by the Complainant to the Opposite Party No.2 (Annex.R-5) that he could not pay the installments in time and he shall be refunding the amount availed in three installments. Subsequently, we find that the Opposite Party No.2 recovered the balance amount of loan along with interest from another account of the Complainant maintained with Opposite Party No.1. On perusal of the documents placed at Annexure R-8 and R-9 by the Opposite Parties, we find that the Opposite Parties had intimated to the Complainant about adjusting the loan account making recovery from the another account of the Complainant. A sum of Rs.1,87,272/- was recovered from the account of the Complainant maintained with Opposite Party No.1 towards recovery of bank dues by Opposite Party No.2 by exercising its right to set off. The recoveries were made in installments on 3.6.2015, 14.7.2015, 25.8.2015, 12.10.2015 and lastly on 07.12.2015, but the Complainant never objected to recoveries made, till Nov. 2015. Hence, we are of the opinion that the Opposite Parties have recovered their lawful dues from the saving fund account of the Complainant by exercising their right to set off. 

 

8.      Taking into consideration all the facts and circumstances of the case, we have no hesitation to hold that the Complainant has failed to prove that there has been any deficiency in service on the part of the Opposite Parties or that the Opposite Parties adopted any unfair trade practice. As such, the Complaint is devoid of any merit and the same is hereby dismissed, leaving the parties to bear their own costs.

 

9.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

		Sd/-
Announced 28th Dec., 2016		[SURJEET KAUR] PRESIDING MEMBER
		Sd/-                         [S.K. SARDANA]                                                                                                                     MEMBER
“Dutt”