ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant against the Opposite Party (herein referred to as OP) under Section 35 of the Consumer Protection Act 2019 for the deficiency in service in deducting Rs.3,840/- by OP from her account unauthorizedly and liable to pay the said amount along with interest at 24% per annum from 31.12.2018 and Rs.25,000/- as compensation for the mental disturbance, mental agony emotional distress and hardship caused to her and for Rs.15,000/- towards cost of litigation and for such other reliefs as the Hon’ble District Commission deems fit.

2.     The Brief facts of the complaint are that: the Complainant is a holder of SB account with OP bearing No.10462010092330 from 5.12.2016 onwards. The Complainant had filed a complaint bearing No.CC.No.999/2019 before this forum and the same was allowed directing the OP i.e. bank to file the RBI guidelines regarding levying of locker fee and also to file a memo of calculation of the rent payable to the said locker.  Again it was shocking to her to know that on 03.08.2020 the complainant without intimation or information and authority deducted a sum of Rs.3,840/- from her SB Account towards the locker charges which is deficiency in service, unfair trade practice and with due negligence. The counsel for OP in the said case sent an application to advance the said case with an intimation that the same would be advanced on 05.08.2020 without filing the memo of calculation which is a deliberate attempt of gross negligence or deficiency of service, unfair trade practice and even abusing the power, much against to the guidelines in RBI and BC and SBI guidelines. She sent a notice on August 2018  to 2020 to OP to return Rs.3,840/- deducted from her account. For which no reply is given. Act of OP is nothing but disregard, disrespect and deliberate intention of deserving customers.  Complainant is a senior citizen having age old health related issue, undergoing mental torture physiological disorder, and depression on account of OP illegal, unlawful unauthorized deduction of Rs.3,840/- from her account. In view of the same this complaint is filed against Op and prayed to allow the same.

3.     Upon the service of notice, OP appeared before the forum and filed the version contending that the complaint filed is on false, frivolous and vexatious ground which is liable to be dismissed. It has admitted the filing of the complaint in CC.No.999/2019 and its decision. It is contended that there is no cause of action for the complaint to file this complaint and the complainant do not disclose the cause of action and hence liable to be dismissed. 

4.     The complainant has not executed the Power of attorney in favour of the so called power of attorney holder.  Complainant is well aware that the Oriental Bank of Commerce, Sahakaranagar branch, merged with Punjab National Bank and the complainant is well aware that there is no designation of the chief manager. With mala fide intention, deliberately and cautiously incorporated the name of the chief manager as OP, to take undue advantage of the situation and to get an exparte order. There is no consumer dispute at all.  Forum has no jurisdiction to entertain the complainant as there is no negligence, deficiency in service in collecting the service charge for the locker provided to the complainant.

5.     They have filed memo of calculation along with the guidelines of the RBI in respect of the locker as per the order of the forum in the said complaint.  It is observed in the said order that the complainant is maintaining the locker EE 132 in her name in the MG road branch and the same has not been challenged by the complainant. As per the general banking practice the rent/service charges for the locker has to be paid by the complainant. Since under the core banking system this do not involve the human intervention at any stage, the sum of Rs.3,824/- has been deducted for the locker provided.  It is also observed in the order in CC No.999/2019 that the deduction made by the OP is neither arbitrary nor any deficiency in service.

6.     The said order not has been challenged by the complainant. The deduction Rs.3,840/- from the account of the complainant is in continuation of the service charges incurred by the bank and maintaining to the locker provided to the complainant.  Complainant is making claim in respect of already decided matter which is unlawful. Complainant is well aware of the fact that she holds the locker with the MG road branch of OP, and the said branch has been made as a party and the said locker is still active.  OP has collected charges from the complainant as service charges, the rent towards the lockers, as prescribed by the guideline of the RBI. Either OP or the branch manager or its chief manager have  involved in unlawful or unfair trade practice and were negligent in deducting the amount from the complainant account.  The complainant is well aware that any transactions in respect of the locker maintaining by the complainant at MG road branch is linked to the account maintained by the complainant at the Sahakara Nagar branch and deduction of the amount is made in order to collect the service charge/rent of the locker provided.  Hence there is no merit in the complaint and prayed to dismiss the complaint.

7.     In order to prove the case, both parties filed their affidavit evidence examined themselves as PW-1 and RW-1 and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

8.     Our answers to the above points are:-

POINT NO.1 :   In the Affirmative

POINT NO.2 :   Partly in the affirmative.

                        For the following.

REASONS

POINT No.1:-

9.     On perusal of the complaint, version evidence and documents of both side, it is clear that  the complainant obtained locker from the OP branch at MG road which was earlier Global Trust Bank later merged with Oriental Bank of Commerce which was later merged with Punjab National Bank.

10.   It is not in dispute that the complainant filed CC.999/2019 which came to be allowed in part on 02.07.2020 wherein this forum had directed the OP bank to collect Rs.1,000/- per annum as rent per year for the locker provided to the complainant and also as per the guidelines of the RBI in respect of the rent towards the locker and to be calculate if any the penal interest to be paid for delayed rents and arrears and to file memo of calculation.

11.   The OP was also directed there in to file memo of calculation regarding the rate of rent and the penalty if liable to be levied to the complainant as per the guidelines of the RBI and afterwards if any amount remaining with the OP out of Rs.12,780/- deducted from her account, to be returned to complainant. OP has not carried out the said directions and has not filed the detailed account statement regarding the levying of the rent, the penal rent, and the amount available or not available out of Rs.12,780/- after adjusting towards rent and the penal charges. To this extent OP has violated the order. Further OP has not placed before the Commission as to what was the amount due from the complainant and whether any amount due to the complainant after deducting the said interest and penalty towards the locker.

12.   This forum has observed in the said order that from 2013 to 2019 OP is entitle to collect the rent at Rs.1,000/- per annum and in case there was any raise in the rent the same to be recovered. Whereas, as stated above OP has not filed any documents regarding increase in the rent towards locker. In view of the same, we presume that the rent at Rs.1,000/- continuous even today. The complainant has filed a letter said to have written by her to the OP branch manager on 03.08.2020 stating that she is closing the locker.  The said letter was addressed to the branch manager Punjab National Bank, SahakaraNagar and there is an endorsement that the locker is closed on 03.08.2020 but there is no signature or seal of the bank.  Presuming that the complainant has closed the locker on 03.08.2020 or the manager, complainant is liable to pay the rent for a period of April 2019 to 03.08.2020 i.e. a sum of Rs.2,000/- considering that part of 2020 as a full year.  In view of this deduction of Rs.1,840/- in our view is in excess.

13.   Both parties have filed guidelines issued by the RBI and the code of BCSBI.  On perusing the same it is also the duty of the bank to issue notice to the complainant or the person who have not operated the locker for more than one year and in case they failed to respond to the notice and intimate their problem to be manager, the manager of the concerned bank has to break open the locker by observing the rule and procedure and formalities.

14.   In this case complainant has not at all operated locker since 2013 even after disposal of the earlier complainant, has not operated nor surrender the locker till 03.08.2020. When such being the case, OP ought to have issued a notice to the complainant either to operate the locker or to surrender the locker by paying the dues, which responsibility is on the manager of the bank which has not been discharged properly. Under the circumstances, we hold that there is negligence on the part of OP also in this regard. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2:

15.   In the result complainant is entitle for refund of Rs.1,840/- along with interest at 12% per annum from 03.08.2020 the day on which OP deducted a sum  Rs.3,840/- out of the account of the complainant bearing No.10462010092330.  This refund of the amount is nothing to do with the order passed in CC.No.999/2019 which operate independently on its own. Further the act of OP in deducting excess amount then what is entitle to amounts to deficiency in service and also unfair trade practice. The complainant has to undergo mental stress, mental strain and mental torture for which a sum of Rs.5,000/- towards damages and Rs.5,000/- towards litigation expenses is awarded herewith  and hence POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:-

ORDER

1.  The complaint is allowed in part with cost.

2. OP i.e Oriental Bank of Commerce represented by its Chief Manager/authorized signatory is hereby directed to pay a sum of Rs.1,840/- to the complainant along with interest at 12% per annum from 03.08.2020 the day on which OP deducted a sum  Rs.3,840/- till payment of the entire amount.

3. Further OP is hereby directed to pay to the complainant a sum of Rs.5,000/- towards damages and Rs.5,000/- towards cost of the litigation expenses.

4. OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this commission within 15 days thereafter.

5. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 14^th day of SEPTEMBER 2021)

MEMBER                        PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Banking code of Standard charted of customs right.

Ex P2: Copy of the order passed in CC.999/2019

Ex P3: Copy of the bank statement issued by Oriental Bank of Commerce

Ex P4: Copy of the application filed by OP in the said complaint.

Ex P5: Copy of the guidelines given by RBI in respect of the safe deposit  lockers.

Ex P6: Copy of the bank commitment to customers.

Ex P7: Copy of the notice sent.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri A. Amaranath Reddy, Manager of OP

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Copy of the General Power of Attorney.

Ex R3: Copy of the Death certificate.

Ex R3: Copy of the endorsement issued by MG Road branch of OP.

Ex R4: Copy of the statement of accounts.

MEMBER                        PRESIDENT

RAK*