Shri Partha Kumar Basu, Member

Taken up for hearing of arguments on 10.08.2023.

Instant complain case is filed under The Consumer Protection Act 2019 by the complainant praying for defreezing of saving bank account maintained at the OP bank and to enable complainant to receive the proceeds of the matured value of 2 no of fixed deposits alongwith compensation and litigation cost for the delay from OP bank causing mental agony.

The complaint case as averred by the complainant is that being engaged in decoration and catering business he is holding a savings bank account with the OP bank since 2013. The complainant is also holding two numbers of 10 year term deposits, both of which got matured in 2021. The complainant contended in complaint petition that two no of online payments amounting to Rs.38,000/- were received by him in his savings account on 22.02.2021 on account of settlement of bills for supplied food items from one of his customer’s account who placed the said order. The complainant while in need of fund, approached the bank but came to know from the OP bank that his savings account and term deposits can not be operated since been freezed on 05.03.2021 as per advice of Law enforcing agency in a matter of Cyber crime complaint. The complainant also received a SMS to that effect from the OP bank. Complainant submitted an application on 23.04.2021 followed by service of legal notice on the bank dated 05.05.2021 and 17.11.2021 to unfreeze the savings account to enable him to operate the same due to dire need of fund for his daughter’s marriage scheduled on 01.12.2021 but received a negative reply from the advocate of OP bank reasoning that the said bank account had been freezed due to some fraudulent transactions which are under investigation. The complainant in support of his petition, exhibited Trade registration certificate of his firm, contract copy of catering order, Passbook copy showing the said two transactions for Rs.38,000/- from the remitter, copy of two fixed deposit certificates, bank records showing ‘stop reason : cyber crime with bank code’, 4 nos. of complainant’s  applications and legal notices to OP bank and reply from legal counsel of OP Bank and copy of marriage invitation card of complainant’s daughter. 

As the complaint states that due to the amounts lying with the bank for two number of fixed deposits even after date of maturity, the complainant has suffered financial loss and mental agony due to unfair trade practices adopted by the OP bank, hence the case.

The Ld. Advocate of the OP bank advanced her arguments and filed BNA stating that the banking ombudsman is the proper forum to adjudicate such grievances and complaint is not coming under the scopes and meaning of  a consumer under the Consumer Protection Act 1986 (as amended). The complainant contemplated to take chance of relief. The Ld. advocate submitted that the savings account of the complainant has been freezed from debiting as per email instruction received from the Law Enforcement agency of Gurugram, Haryana in respect of alleged usage of the instant account for fraudulent transactions. The matter is under investigation and a complaint u/s 91 of Cr.PC vide complaint no 1054-5P-II dated 28.02.2021 has been registered in this respect. The OP bank stated that consequent upon receipt of such instruction from Cyber Crime Police, Gurugram, Haryana the bank sent an e-mail dated 01.10.2021 (may be erroneously mentioned as 10.01.2021) to look into the matter and unfreeze the account by enclosing the customer’s request letter. But till date there is no response. The OP bank exhibited correspondence documents received from and sent to Cyber Crime PS, GGM, Haryana.

It is, as it appears from the records and documents, that irrespective of the chronology of various events of the case, investigations by other agencies are ongoing. The subject matter of the instant consumer case and the complaint case are more or less same in one form or other. Although it is a fact that the remedy available under the Consumer Protection Act 2019 is an additional remedy for a consumer over and above the other remedies, but based on the factum of this case as well as after perusing the exhibits and documents, it appears that the extent of damage as alleged by the complaint, if any at all, can not be gauged by this commission till the investigation by law enforcing agencies is completed and Final report issued. Therefore, there is no viability to proceed with the case in hand at this stage, which may be linked to the outcome of the investigation at a later date.

Although the complainant is falling under the definition of a ‘consumer’ u/s 7(i) & 7(ii) of the Consumer Protection Act 2019 but there is no deficiency or defect of the products or services in the form of an act of negligence or commission or deliberate withholding of relevant information or damage or any kind of unfair trade practices by the OP that could be established at this stage. There is hardly any case of deficiency in rendering service on the part of the bank so far and the complainant has failed to make out a case prima facie and as such he is not entitled to get any relief as prayed for. The case has no leg to stand upon. It is a fit case for dismissal being lis-pendent.

Hence, it is ordered, that the case be and the same is dismissed on contest.  We pass no order as to cost.

Let a plain copy be given to the parties free of cost as per CPR.

However the complainant will be free to file fresh consumer complaint case, if any, once the police investigation is over and will not be affected or hit by the Limitation Act in computing the period of limitation for any suit, by excluding the span during which the said police investigation continues.