Partha Kumar Basu, Member

The complaint is filed under the Consumer Protection Act by the complainant for harassment and payment of cost of Rs.5,000/- by the OP bank.

The gist of the complaint as averred by the complainant is that she being a senior citizen of 70 years of age and having mobility constraint is maintaining a saving bank account at Champahati branch of United Bank of India in West Bengal. The bank asked for some documents that she provided but the OP bank had not been allowing her either to withdraw or deposit cash. The petitioner prayed for a direction on the OP bank to allow the complainant to withdraw or deposit cash as and when required along with a compensation of Rs.5,000/- and a litigation cost of Rs.10,000/-.

The case was contested by the OP bank stating inter-alia that the complainant being an account holder in the branch, did not operate the account from 2015 to 03.06.2020 i.e. more than 5 years neither she updated the KYC and hence the said account became inoperative. However consequent upon submission of KYC on 26.06.2020 the said account became active. Hence the OP bank pleaded having no negligence or deficiency in service on the part of the bank whatsoever.

The complaint case was contested by both parties and respective BNAs were filed. After having heard both the sides and having adverted to the materials available on record, it is found that the complainant filed this case against Bank with allegation having the Bank not taken any step for enabling the customer either to deposit or allow withdrawal of cash to the complainant cum account holder. Deposit or withdrawal of cash could not be made by the complainant pending KYC which is mandatory under banking norms and the factual part is not in dispute by either side.

Upon perusal of the exhibit by the petitioner, it is conspicuous that pending KYC the said savings account became inoperative and further the same got restored after KYC compliance by the account holder cum complainant. There is no cogent proof that was exhibited by the complainant in support of her allegation and mere affidavit is not much of evidentiary value to prove her case, without any supporting exhibit.

                                                                        Ordered

The allegation of the complainant also suffers from inherent inconsistencies. There is hardly any case of deficiency in rendering service on the part of the OP bank and the complainant has failed to make out a case prima facie and as such she is not entitled to get any relief as prayed for. The case has no legs to stand upon. It is a fit case for dismissal.

Hence, it is ordered, that the case be and the same is dismissed on contest.

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