Tamil Nadu

North Chennai

CC/218/2018

Arun Ramakrishnan - Complainant(s)

Versus

The Manager, HDFC Bank - Opp.Party(s)

S.Suresh

17 Feb 2022

ORDER

Complaint presented on :04.12.2009

                                                                         Date of disposal            :17.02.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.                    : PRESIDENT

THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.218/2018

 

DATED THIS THURSDAY THE 17^th DAY OF FEBRUARY 2022

 

Mr.Arun Ramakrishnan

(Visually handicapped person)

No.46, Kalaignar High Road,

Srinivasa Nagar, Perunkalathur,

Chennai – 600 063.

 

                                                                                                     .. Complainant.                                                                     ..Vs..

1.The Manager,

HDFC Bank Ltd.,

Ashok Nagar Branch,

Chennai – 600 078.

 

2.Mr.K.Narayanan,

Sai Mediscribe,                                            (Amended as per order dated

No.123/5, Vanniyar Street,                          09.08.2011 in CMP.No.355/2010)

Trustpuram, Choolaimedu,

Chennai – 600 094.  

                                                                                             

                                                                                                  ..  Opposite parties.

 

Counsel for the complainant                      : Mr. S.Suresh

Counsel for  1^st  opposite party               : M/s.V.Adhivarahan and another

Counsel for 2^nd opposite party                 : Ex-parte        

ORDER

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.4,040/-  and to pay a sum of Rs.50,000/- towards compensation with cost of this proceedings.

This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No.1008/2009.  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble S.C.D.R.C. and taken on file as C.C. No.218/2018.

1.THE COMPLAINT IN BRIEF:

          The complainant Mr. Arun Ramakrishnan, who had employed at Sai Mediscribe having office at No.123/5, Vanniar Street, Trustpuram, Choolaimedu, Chennai 600 094 was opened a Salary account, Savings Bank Account No.1361050067924 in the month of October 2005 with opposite party’s bank. Thereafter, in the month of December 2005 the complainant resigned his job. The complainant during the month of June 2008 accessed to the nearest ATM to draw money from his account and the complainant could not access the ATM facility. Hence complainant approached the opposite party to enquire about the non accessibility of his account. The opposite party dragged the complainant for some time without any mercy and at last the opposite party intimated the closure of the complainant’s account and the balance amount in the complainant accounts’s was sent to his Ex-Employer. During the month of May 26, 2007 the complainant savings bank account was closed by the opposite party and the balance of amount of Rs.4,040/- sent to complainant’s Ex-employer’s address without any proper intimation to the complainant. The complainant wrote a letter immediately, to his Ex-employer by letter dated 26.06.2008 intimating the above said fact. Since the complainant’s ex-employer did not respond again the complainant sent a letter by demanding the above said banker’s cheque evoked no response. Hence the complainant initiated legal proceedings against the ex-employer. At this juncture by letter dated 11.08.2008 Ex-employer of the complainant gave a reply along with a letter enclosed, which was addressed to the opposite party about the destruction of their letter by his employee and the opposite party also been requested by the ex-employer of the complainant to issue another banker’s cheque. But the opposite party did not turned up. The complainant is a person visually handicapped and the complainant is not in a position to approach frequently to get back his above said amount and further the opposite party is also not giving any proper guidance to get back the complainant’s amount. Hence the complainant approached the legal aid to get legal assistance to obtain the money belonged to the complainant. The opposite party neither replied nor come forward to help a visually handicapped person. Hence the complaint.   

2.WRITTENVERSION FILED BY THE 1^st OPPOSITE PARTY IN BRIEF:

          The complainant has preferred the above complaint against the Bank for the reason that the sum of Rs.4,040/- lying to the credit of the complainant’s salary account ought to have been given to him by the Bank though the Bank was not intimated regarding the change in his address and the Bank had sent the balance to his address furnished, namely, that of his employer. This is a case where a salary savings account ws opened on October 2005 bearing account No.1361 050067924. Subsequently two salary credits were received in the month on two dates, namely, on November 3, 2005 for a sum of Rs.2339/- and on December 7, 2005 for a sum of Rs.1,583/- respectively. Thereafter there were no credits or operations in the account since December 8, 2005 and hence the account came to be eventually closed on 26.05.2007. As per norms, the Bank sent a pay order for the closing balance of Rs.4,040.66 dated 26.05.2007 bearing No.489717 to the address furnished to the Bank at the time of opening of the account.The complainant who appears to have left/lost his employment has now come forward and filed this complaint claiming exorbitant sums from this opposite party alleging dereliction of duty. The complainant who remained silent and indifferent for nearly 2 years had come forward and started enquiring about his balance. He was properly guided and told that the account had to be closed and that the pay order for the balance amount in his account had been duly delivered to the Employer’s address that was furnished at the time of opening.The employer is claiming that the Pay Order received by him had been destroyed by one of his employees. The complainant was advised by the Bank to submit a letter and collect the money. However, the complainant had declined the request and  started measures against the Bank for reasons best known to him. There is no dereliction of duty or negligence on the part of the complainant. Being a Banking Institution, the Opposite party is bound to act in accordance with the rules and norms.  This Hon’ble District Consumer Disputes Redressal Commission (South) may be pleased to dismiss the complaint.

3. POINTS FOR CONSIDERATION:

1. Whether there is deficiency in service on the part of the opposite parties?

2. Whether the 1^st Opposite party liable to pay Rs.4,040/- with interest to the  

     complainant?

 

3. Whether the complainant is entitled for compensation and cost?

4.To what other relief, the complainant is entittled?

 

 

4. POINT NO :1

          The complainant is visually handicapped person who worked in the 2^nd Opposite party medical store in the year 2007. At the time of employment, the complainant had opened a Saving Bank account with the 1^st Opposite party Bank. Ex.A1 is the copy of statements of accounts issued by the 1^st opposite party bank to the complainant. Ex.A1 confirms that the complainant was having an account from November 2005 to May 2007. Ex.A2 is the letter issued by the 1^st Opposite party to the complainant stating that the complainant had opened an account with the 1^st Opposite party and the Saving Bank Account No is 1361050067924. The 2^nd opposite party issued an experience certificate to the complainant on 07.02.2006 stating that the complainant worked in the 2^nd opposite party organization from May 2005 till December 2005. Ex.A2 is the copy of the experience certificate dated 07.02.2006.

          05. The case of the complainant is that the complainant was having Rs.4040/- in his Savings Bank Account with the Opposite party and the account of the complainant is closed by the 1^st Opposite party and the available balance ofRs.4040/- was sent by DD to the 2^nd Opposite party address and the 2^nd Opposite party has not handed over the DD or  handed over the said amount to the complainant and therefore the opposite party committed deficiency in service and the same caused mental agony to the complainant.

          06. The second opposite party contended that the salary account of the complainant was not operated for two years after December 2005 and therefore as per the banking rules, the complainant account was closed and the balance of Rs.4040.66/- was sent by pay order on 20.06.2007 to the address furnished to the bank at the time of opening of the account. The first opposite party further contended that the employer stated that the pay order received by him destroyed by his employees and the bank is advised the complainant to submit a letter and collect the money but the complainant denied their request. The learned counsel for the 1^st opposite party also argued that the bank is ready to pay the amount to the complainant.

          07. There is no dispute between both the parties that the complainant was having a sum of Rs.4040/- in his Savings Bank Account as on 2007. The first Opposite party closed the account of the complainant in the year 2007 and send the balance amount of Rs.4,040.66/- to the complainant address furnished by the complainant, at the time of opening the account. Therefore the complainant written a letter to the second opposite party  to hand over the pay order to him. Ex.A3 is the copy of letter written by the complainant to the second opposite party on 11.08.2008. The  2^nd opposite party received the letter and given a reply to the Bank on 11.08.2008 stating that the balance amount pertaining to the salary account were sent to their office by courier and the same was destroyed by mistake by their account person. Therefore the pay order was not encashed by either the second opposite party or the complainant. The balance amount is now lying with the first opposite party. The first opposite party is also ready to pay the amount to the complainant by submitting a letter. It is the duty of the first opposite party to pay the amount to the complainant who is the account holder and on the other hand, the first opposite party keeping the  balance amount with them. The second opposite party also destroyed the pay order. It is the duty of the second opposite party to hand over the pay order to the complainant or return to the Bank. Therefore both opposite parties failed their duty and the same amounted to deficiency in service.  Therefore there is a deficiency in service on the part of the opposite parties 1 & 2.

8. POINT NO.2

          The first opposite party closed the account of the company without notice to the complainant and return the balance amount of Rs.4040/- by pay order to the address of the complainant furnished at the time of opening the account. Neither the first opposite party nor the complainant encashed the pay order and the amount is now lying with the first opposite party. Therefore the first opposite party is liable to refund  Rs.4,040/- with interest @ 6% p.a from 27.05.2007 till the date of payment.

9. POINT NO.3

The complainant is a person visually handicapped and the complainant has not given any proper guidance to get back the money. Further the case is also pending from 2009.  The first opposite party is the bank and the second opposite party  is the medical store, the complainant worked in the medical store till 2005. At the time of employment the complainant opened a saving bank account with the first opposite party. The salary of the complainant was credited in his savings bank account. The complainant also not withdrawn the amount. But the first opposite party closed the account during December 2007 and sent the balance amount to the complainant’s employer address. The employer also not handed over the pay order to the complainant. Both first and second opposite party failed their duties and committed deficiency in service. Therefore the first and second opposite party jointly and severally liable to pay Rs.10,000/- compensation to the complainant and liable to pay Rs.5,000/- towards cost of this proceedings.

 

 

10. POINT NO :4

In the result this complaint is allowed in part. The 1^st opposite party ordered to refund a sum of Rs.4,040/-(Rupees four thousand and forty only) together with interest @ 6% p.a from 27.05.2007 to till the date of payment.

Further, the opposite parties 1 & 2 are jointly and severally directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for causing mental agony to the complainant and to pay a sum of Rs.5000/- (Rupees five thousand only) towards cost of this proceedings.

The above amount of Rs.15,000/-  (Rs.10,000 + Rs. 5000) should be paid within two months from the date of receipt of this order, failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by using the open Commission on this the 17^th day of February 2022.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                     Statement of Accountss pertains to complainants S.B.Account held with the opposite party

 

Ex.A2 dated 26.06.2008          Letter by complainant to his Ex-Employer

 

Ex.A3 dated 15.07.2008          Acknowledgement card 

 

Ex.A4 dated 11.08.2008          Reply letter by the complainant’s Ex-employer along with a copy of requisition letter sent by the ex-employer to the opposite party.

 

Ex.A5 dated NIL                     Office copy of the Legal Notice sent to the opposite party

                                                                  

 

LIST OF DOCUMENTS FILED BY THE 1^st OPPOSITE PARTY

 

                                                ….. NIL ……

 

MEMBER – I                                                               PRESIDENT