Andhra Pradesh

Chittoor-II at triputi

CC/39/2013

V.C.Reddeppa Reddy S/o. Late V.Gangi Reddy - Complainant(s)

Versus

The State Bank of India, Rep by its Chief Manager, - Opp.Party(s)

G.Ramaiah Pillai

14 Nov 2014

ORDER

Filing Date:24.07.2013

Order Date: 14.11.2014

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

TIRUPATI

 

     PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

FRIDAY THE FOURTEENTH DAY OF NOVEMBER, TWO THOUSAND AND FOURTEEN

 

C.C.No.39/2013

 

Between

 

V.C.Reddeppa Reddy,

S/o. late. V.Gangi Reddy,

Plot No.12, besides Subbaiah Colony,

Avilala,

Tirupati Rural Mandal,

Chittoor District.                                                                              … Complainant

 

And

 

The State Bank of India,

Rep. by its Chief Manager,

Main Branch,

Backside to Govindarajaswamy Temple,

Tirupati.                                                                                             …  Opposite party.

 

 

            This complaint coming on before us for final hearing on 15.09.14 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.G.Ramaiah Pillai, counsel for the complainant, and Sri.Premkumar Karanam, counsel for the opposite party, and  having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERED BY T.ANITHA, MEMBER

ON BEHALF OF THE BENCH

 

            This complaint is filed under Section-12 of C.P.Act 1986, complaining deficiency of service on the part of the opposite party.

2.  The brief facts of the case are that:- The complainant, who is the account holder of the opposite party – bank, bearing S.B.A/c.No.30050577814. On 08.06.2013, the complainant approached the opposite party – bank, and produced photocopies of Aadhar card and bank pass book, to credit the gas subsidy scheme of the central government to the individual account. But the opposite party insisted the complainant to fill up the insurance policy form for accidental benefit of Rs.4,00,000/- for one year validity with a premium of Rs.100/-. When the complainant questioned the opposite party, they stated that it is a mandatory to join in the accident insurance policy and after taking the policy only they will consider the request of the complainant. Then the complainant immediately approached one Manager (PBD), banking division, at 1^st floor and complained the same, but the Manager simply taken all the forms from the complainant and endorsed on the photocopy of the Aadhar card and returned the same to the complainant and advised him to give those papers to Mr.Ravi, who was at S.B.Account counter, but the opposite party employee Mr.Ravi, completely refused to take the forms from the complainant unless he produce the original pass book and he cannot consider the photocopies. The complainant further submits that he is suffering from spinal card problem and he is taking treatment in SVIMS hospital, Tirupati. By the adamant behavior of the opposite party employees, he suffered a lot both physically and mentally, which is nothing but unfair trade practice of the opposite party, which amounts to deficiency of service on the part of the opposite parties. The complainant caused a legal notice on 12.06.2013 to the opposite party, to receive the copy of Aadhar card along with photocopy of bank pass book. After receipt of the notice, the opposite party failed to give any reply to the notice of the complainant. Hence the complainant filed this complaint praying this Hon’ble Forum to direct the opposite party, to receive the copy of Aadhar card without insisting him to take accident insurance policy, directing the opposite party to pay the compensation of Rs.1,00,000/- for mental agony and to pay costs of the complaint and pass such order or orders may deem fit and proper in the circumstances of the case.

3.  The opposite party came into appearance and filed their written version by admitting that the complainant is a savings bank account holder in their bank and also stated that the complainant approached them for registering his Aadhar card particulars in his S.B.Account, to avail the benefits such as subsidy for LPG etc. provided by the Government of India and as per the procedure the concerned officials of the opposite party requested the complainant to produce the originals of the said documents instead of photocopies to avoid future complications which may occur or arise while filing the particulars of Account Number, Aadhar card number, which may not clearly visible in the photocopies of the said savings bank account, but the complainant requested the officials of the opposite party to consider the photocopies only and it is not possible for him to produce the originals as he already came to the bank with photocopies and also submitted that the complainant approached the Chief Manager (PBD) in the 1^st floor and requested him to consider his request to incorporate his particulars in the S.B.Account pass book by verifying the photocopies, but the said official refused to do so and he cannot deviate the conditions of incorporations and hence the complainant herein concocted a story that they insisted him to take accident policy by paying Rs.100/- to cover accidental risk as mandatory for registering the Aadhar card in his S.B.Account and harass the bank officials as they have not considered his request of registering his particulars basing on photocopies and made wild allegations as if the bank officials are necessitated the customers to avail compulsory the Janata policy. Hence, there is no lapse on their part, only in order to harass them, the complainant filed this complaint. Hence there is no deficiency of service on the part of the opposite parties herein as alleged by the complainant and this complaint is liable to be dismissed on this ground alone.

4.  The complainant filed his evidence on affidavit and marked Exs.A1 to A10. On behalf of the opposite party one Mr.R.S.Subramanyam, S/o. Venkatesan, working as Manager, in the Main Branch, Tirupati, filed his evidence on affidavit and got marked Exs.B1 and B2.               

5.  Now the points for consideration are:-

(i).  Whether there is any deficiency of service on the part of the opposite

        party? If so, to what extent?

(iii). To what result?

6.  Point No. (i):-  There is no dispute with regard to S.B.A/c.No. 30050577814 of the complainant with the opposite party – bank, because the same was admitted by the opposite party. The main contention of the complainant is that the opposite party – bank officials insisted the complainant to take the insurance policy for accidental benefit and also asked him to produce the original pass book and Aadhar card to make the entries of Aadhar card particulars in his S.B.Account, in order to get credit of subsidy of his gas connection given by the Government and also stated that one Mr.Ravi @ Ravindra, bank employee insisted him to produce the original pass book and insisted him to take the insurance policy to make the entries in  S.B.Account and he complained the same to the Manager, Personal Banking Division, who is in the 1^st floor, but he simply made an endorsement on the copy of the Aadhar Card and asked him to submit to Mr.Ravindra. But again the said person Mr.Ravindra insisted to produce original pass book to receive the copy of Aadhar card and again insisted him to take insurance policy. Hence, by aggrieving the same, the complainant constrained to file this complaint.

7.  In reply to the contentions of the complainant, the opposite party – bank, filed their written version along with evidence affidavit of Mr.R.S.Subramanyam, S/o.      , who is working as Manager of opposite party bank, main branch, Tirupati. It is stated that as per the instructions of the Government of India, the opposite party registering the Aadhar card particulars and other particulars in the respective customers S.B.A/c. by verifying the original pass book and original Aadhar card and accordingly the complainant, who is S.B.Account holder with S.B.A/c.No. 30050577814 approached their bank with xerox copies of S.B.A/c. and Aadhar card but their officials requested him to produce the originals instead of xerox copies to avoid future complications, which may arise while filling the particulars of account number or Aadhar card number, which may not clearly visible in the xerox copies. But the complainant requested their officials to consider the xerox copies and it is not possible for him to produce originals as he already came to the bank with xerox copies, but the concerned authority refused to register his particulars and instructed him to bring the originals of the said documents and without verifying the originals, they cannot incorporate his particulars in his S.B.A/c. and aggrieved by the same, the complainant approached the Chief Manager, PBD and requested him to consider the xerox copies to incorporate his particulars in the S.B.A/c. But the said official also refused to do so, as he cannot violate the conditions of incorporation. As the officials of the opposite party – bank, not considered the request of the complainant, the complainant aggrieved by the same, concocted a story of accidental insurance policy and contended that in order to throw blame on them, he created a story and also informed that they never insisted the complainant or any customer to take accident benefit insurance policy. In order to get wrongful gain, the complainant created a story and hence there is no deficiency of service on their part and they have acted as per the rules and regulations of the bank. If at all he really aggrieved by the attitude of any specific employee of the bank, what prevented him to give written complaint against such employee, but the complainant in this particular case, simply issued legal notice to the opposite party – bank, stating that their employees insisted him to take accident benefit insurance policy. It is also stated that on 31.07.2013 their bank already incorporated the Aadhar card particulars of the complainant by verifying the originals under Ex.A1 and also he has been receiving the Government benefits with regard to his gas connection and hence there is no deficiency of service on their part.

8.  On behalf of the complainant, Exs.A1 to A10 were marked. In order to prove his contention that the opposite party insisted to take the accident benefit insurance policy, except oral allegations, he has not filed any supportive documents to prove the same and also he has not filed any third party affidavit to prove the same that the bank officials insisted the customers to take compulsory insurance policy. The complainant filed Ex.A5 paper cutting of East Godawari District edition, but it is not published in Chittoor district edition, hence it cannot be considered to the present case. Except oral allegations, the complainant failed to prove his contention that one Mr.M.Ravindra, insisted him to take accident benefit insurance policy and also he has not made him as a party on his personal capacity because he is under the employment of the opposite party. The opposite party filed Ex.B1 stating that they have already incorporated the particulars of Aadhar card into the S.B.A/c. of the complainant on 31.07.2013 itself, which is prior to the notice of summons in C.C.No.39/2013 issued by this Forum on 06.08.2013, which was served on 16.08.2013. In the above circumstances, the complainant is failed to prove his case and as the purpose is already served on 31.07.2013, hence there is no deficiency of service on the part of the opposite party.   

9.  Point No.(ii):-  In the result, the complaint is dismissed. No costs.   

Typed to dictation by the stenographer, corrected by me and pronounced in the Open Forum this the 14^th day of November, 2014.

       Sd/-                                                                                                                      Sd/-                     

Lady Member                                                                                                     President

 

APPENDIX OF EVIDENCE

WITNESS EXAMINED ON BOTH SIDES

 

PW-1: V.C.Reddappa Reddy (Evidence Affidavit filed.).

RW-1: R.S.Subramanyam  (Affidavit filed.).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/S

 

Exhibits	Date	Description of Documents
Ex.A1.		Photo copy of Aadhaar card of the complainant signed the Manager (PBD), S.B.I, Tirupati.
2.		Photo copy of Bank Pass.
3.	12/06/2013	Dt.12/06/2013 Office copy of Legal Notice along with Postal Receipt.
4.	13/06/2013	Acknowledgement (Internet)
5.	19/07/2013	Dt.19/07/2013 Publication in Saakshi News Paper.
6.	12/01/2006	Xerox copy of discharge summary issued by SVIMS Hospital.
7.		Pamphlet  issued by  SBI Main Branch, Tirupati inviting the customers to take Bank Insurance.
8.	14.06.2013	Advertisement published by   Government inviting the customers to produce the copy of Aadhaar Card for registering in to Bank Account.
9.	31.07.2013	News item in Saakshi Daily Dt: 31.07.2013
10.	13.12.2013	News item in Eenadu Daily Dt: 13.12.2013.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/S

 

Exhibits	Date	Description of Documents
Ex.B1.	31.07.2013	Copy of the Aadhaar card incorporation statement of the complainant in the opposite party bank filed on behalf of the Opposite party.
2.	29.04.2014	Savings bank Account statement of the complainant filed on behalf of the opposite party.

 

                                                                                                                                  Sd/-

                                                                                                             President

// TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

                                                Dist. Consumer Forum-II, Tirupati.     

 

Copies to:-     1. The Complainant.

                        2. The opposite party.