Order-14.

Date-07/05/2015.

Complainant Arvind Kumar Kejriwal by filing this complaint has submitted that complainant has one PPF A/c in the Bank of the op being No. 25222 with op.

          On 03.03.2014 complainant deposited a sum of Rs. 80,000/- vide cheque No. 048829 dated 28.02.2014 drawn on Union Bank of India, Jorasanko, Kolkata in his said PPF account No. 25222 and the said cheque was duly encashed by op/Bank from complainant’s account and the said amount was debited on 05.03.2014 for the said sum of Rs. 80,000/- but the said amount was not credited to the complainant’s PPF account by the op.

          Subsequently complainant received letter No. CAL/PPF/157/2014 dated 21.06.2014 from the op intimating that due to lack of some proper document, bank could not deposit the said amount of Rs. 80,000/- in PPF account being No. 25222 of the complainant and sent the said letter along with one pay order No. 003694 dated 20.06.2014 that the said amount was not deposited in complainant’s PPF account.  Although a sum of Rs. 70,000/- deposited by the complainant on 04.04.2014 which was duly credited in the complainant’s PPF account being No. 25222.  But complainant submitted that if there was any lack of documents how the amount of Rs. 70,000/- was deposited or was credited to the complainant’s same account.

          Complainant submits that complainant vide his Advocate letter dated 04.07.2014 made reply and returned the said Pay Order No. 003694 and requested the op to deposit the said amount of Rs. 80,000/- in complainant’s PPF account within 31.03.2014.  But op neither made any reply nor deposited the said amount of Rs. 80,000/- in the complainant’s PPF account and fact remains that op by non-depositing the said amount in the complainant’s account acted illegally and without motivation and entire explanation of the op is after thought.  So for adopting such path by the op, complainant has filed this complaint for deficiency of service and prayed for redressal.

          On the other hand op/Bank by filing this written statement has submitted that there was no deficiency of service on the part of the op with some technical defect and it was admitted forthwith to pay order issue but complainant did not receive it and returned it and fact remains that complainant was contacted with the op on several attempt and deposited the amount of Rs. 80,000/-  in PPF account.  But complainant did not provide and thereafter complainant along with relevant documents returned and at that time the maximum deposit limit in PPF account was subsequently enhanced from Rs. 1,00,000/- to 1,50,000/- and for this reason op/bank offered interest  at the rate 8.7 percent p.a. and that amount of Rs. 80,000/- of the PPF account of the complainant and since the complainant has no other operative account with op/bank and the op returned the amount to the complainant through a demand draft along with a letter dated 21.06.2014 and fact remains that complainant returned the demand draft to the op bank along with Advocate’s notice dated 04.07.2014.  But it was not possible for the op/bank to deposit the amount of Rs. 80,000/- within 31.03.2014.  But the said amount was deposited with the op on 16.10.2014 as the maximum deposit limit in PPF Account was subsequently enhanced from Rs. 1 lakh to Rs. 1.5 lakh and op also offered interest  at the rate 8.7 percent which is the standard rate of interest for PPF account for the period of holding of the money i.e. from 05.03.2014 to 17.10,2014 and that amount is Rs. 4,290/- through a pay order but the complainant refused to accept the same and instead the complainant approached the Forum and filed the instant complaint with malafide intention.  So the complaint is filed and the complaint should be dismissed.

                                                    Decision with reasons

          On proper consideration of the entire materials of the complainant including written version, it is undisputed fact that complainant deposited that amount of Rs. 80,000/- by cheque and that cheque was encashed by the op and deposited the same to PPF account.  But anyhow it was not deposited for some technical problem as mentioned by the op.  But op failed to search out the problem for which it was not deposited.

          But truth is that the said amount was returned to the complainant and complainant did not receive it for which it was kept in the bank and subsequently the op no doubt deposited that amount of Rs. 80,000/- and  interest  at the rate 8.7 percent p.a. for that period of the PPF Account was sent to the complainant.  But complainant refused to accept it and for that this complaint was filed.  After applying a reasonable approach and judicial conscience we have gathered that no doubt initially there was a fault on the part of the op and callousness on the part of the op is well proved in view of the fact that no document is required by the op for depositing that amount in view of the fact the said amount was deposited vide cheque in PPF account and PPF account slip with number was there and so no other document was required by the Bank.

          Fact remains that administration of the bank has not controlled the unruly staff who failed to credit the same in time and ultimately it was not deposited and when the complainant approached they took up the matter and returned the said amount.  It is nothing but tactics to save their skill and considering that fact we are convinced to hold that harassment has been caused by the op no doubt.

          Truth is that bank or employees are busy only for raising their salary to meet up their own redressal but not to work diligently, not to serve the customer properly, not to entertain the dispute of the consumer.  If it is continued, invariably one day will come when the bank and financial institution shall have to face several complications for which consumers shall have to suffer and that is for the irresponsible activities of the bank administration and in this case the ops irresponsible activities is well proved and for which complainant has been harassed no doubt.

          Anyhow op has deposited that amount of Rs. 80,000/- in the PPF account on 16.10.2014 op is willing to pay the interest of Rs. 4,290/- for the period from 05.03.2014 to 17.10.2014 and so considering that fact and also the entire conduct of the op bank, we are convinced to hold that for negligent and deficient manner of service, some compensation should be awarded to the complainant along with cost.

          Accordingly this complaint succeeds.

          Hence, it is

                                                          ORDERED

          That the complaint be and the same is allowed on contest against the ops with cost of Rs. 2,000/-.

          Op is directed to pay compensation of Rs. 3,000/- to the complainant for harassing the complainant and also for not rendering proper service and further for negligent and deficient manner of service on the part of the op.  Interest amount of Rs. 4,290/- shall also to be paid to the complainant by the op at once.

          Op is directed to pay the entire decretal amount to the complainant within one month from the date of this order failing which for non-compliance and disobeyance of Forum’s order, penal interest shall be assessed  at the rate Rs. 100 per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.  Even if it is found that op is not willing to comply the order in that case penal action shall be started for which further penalty and fine shall be imposed for which op is responsible.