West Bengal

Siliguri

CC/100/2018

SRI UDAY NATH - Complainant(s)

Versus

THE BRANCH MANAGER - Opp.Party(s)

DEMANTA KUMAR GHOSH

13 Sep 2019

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/100/2018
( Date of Filing : 14 Sep 2018 )
 
1. SRI UDAY NATH
18, BANFUL SARANI, SOUTH DESHBANDHUPARA NEAR TARAI TARAPADA ADARSHA VIDYALAYA, SOUTH DESHBANDHUPARA, SILIGURI-734004.
...........Complainant(s)
Versus
1. THE BRANCH MANAGER
STATE BANK OF INDIA,HAKIMPARA BRANCH, BRANCH CODE-07245,HAREN MUKHERJEE ROAD,HAKIMPARA,P.O-SILIGURI,PIN-734001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. MALLIKA SAMADDER PRESIDING MEMBER
 HON'BLE MR. Shri Tapan Kumar Barman MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 13 Sep 2019
Final Order / Judgement

Facts of the complaint case are, in brief, that the complainant is an S.B a/c holder with the OP and the no. of the said a/c is 30132637683.  The a/c was opened on 26.02.2007 and hence the complainant has been transacting during as many as 12 years. 

The complainant went to the Op-Bank for depositing money both in currency notes and in 50 pieces of 10 rupee coin.  While the currency notes were taken for deposit, the coins were not and  the customer-complainant was asked to come later on.  On 01.08.18 the complainant again visited the Bank with the said coins of 10 rupee × 50 pieces but at the counter, acceptance of coins was refused on the ground that there was no time to count all those coins and the counter-clerk requested the complainant to come any other day. Thus the complainant visited Bank on 13.08.2018, 21.08.2018 and 28.08.2018 and every time those coins were refused at the counter on some plea or other. The complainant met the Branch Manager, but in vain. Hence is the case.

The only OP did not contest the case. The OP-Bank received the notice/summon on 15.10.2018 but notwithstanding did not appear, let alone, written version.  Hence the case proceeded ex-parte against the OP.

The complainant has, to prove his case, filed the following deposit slips with the ticket No. noted against each:-

Contd….P/2.

-:2:-

SL No.

Deposit Slips dated

Ticket No.

1.

01.08.2018

NC-122

2.

13.08.2018

NC-269

3.

21.08.2018

NC-159

4.

28.08.2018

NC-271

 

The ticket No.(s) assigned by the Bank against the deposit slips both in foil & counterfoil proves that the complainant visited the Bank but could not deposit at the counter.

Since the only OP stayed away from contesting the case by absenting themselves without any step, question of subsequent steps, like written version evidence of complainant and so on, one to be followed by another, does not arise.  However, argument of the complainant was heard ex-parte fresh and afresh.  On the basis of the content and the argument as well, the following points come up for determination:-

  1. Whether the OP was lawfully right in refusing the taking of deposit of 10-rupee coins?
  2. Whether the complainant can deposit legally only coins?

Both the points are taken up together for discussion for the sake of brevity.

The Govt. of India or the Reserve Bank of India have not demonetized the 10-rupee coin now in circulation. That the counting of coins is a time-consuming work and hence deposit of currency notes are preferable can not, at all, be an argument for not taking deposit of coins.  Counting falls within the duty of the counter-clerk and refusal to accept the coins for deposit amounts to defiance of the monetization of 10-rupee coin put into circulation, such defiance is not befitting for a Bank employee in particular and attracts penal action. The complainant further alleged that he got no help from the concerned Branch Manager also.

Hence, to refuse acceptance of 10-rupee coins for deposit on the plea of such coins’ counting is time consuming is to deprive the customer of the public service, the Op-Bank is supposed to render. So it is a deficiency in service on the part of the OP.  Thus the point No. 1 is while answered in the negative in favour of the complainant, the point No. 2 in positive against the OP.  In the result, the case succeeds on contest and hence it is

O R D E R E D

that the consumer case No. 100/S/2018 be and the same is allowed on contest against the OP.

The OP-Bank shall accept the deposit of 10-rupee coins,

Contd….P/3.

-:3:-

 

forthwith on approach, from the complainant-customer, as per existing rules of business.  The OP shall also be liable to pay a compensation of Rs. 1000/- to the complainant for causing his unnecessary harassment and mental agony.  There will be no other cost.

The complainant has sought as relief calling for an explanation from the OP why SBI, Hakimpara Branch, have transgressed the order of the Reserve Bank of India.  This Forum is of the opinion that the calling for such an explanation is a departmental matter and hence leave the same upto the higher authority of the Bank, whom the complainant may like to move. This does not fall within the purview of the Forum.

The case is thus disposed of. The entire exercise be completed within a period of 45 days from the date of this order.  In case of default on the part of the OP, the complainant shall be at liberty to put the case into execution.

Let free copy of this order be served on both the parties.

 

 

 

 
 
[HON'BLE MRS. MALLIKA SAMADDER]
PRESIDING MEMBER
 
 
[HON'BLE MR. Shri Tapan Kumar Barman]
MEMBER
 

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