O R D E R
K.S. MOHI, PRESIDENT
The complainant has filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant had opened a Saving Bank Account with the Bank of OP and deposited Rs.1,000/- as per rules, in the first week of January 2014. It is alleged that after depositing the aforesaid amount of Rs.1000/-, the O.P told the complainant that confirmation letter will be received by post at his residence within a week. It is further alleged that O.P bank will provide the pass book and cheque book to the complainant in respect of his said saving bank account. It is alleged that the complainant has visited at the O.P bank in the first week of February, 2014 and told to the concerned official of the O.P bank that he has not received any confirmation letter by hand/ post so that the officials of the O.P may provide him the account number with its pass book and cheque book in respect of his saving bank account. It is further alleged that concerned official of the O.P bank told to the complainant that due to some problem the confirmation letter could not be dispatched and now the confirmation letter through post will be received by the complainant by the next week and even nothing was given by hand on the same day to the complainant. It is alleged that concerned official of the O.P bank has provided a bank account number to the complainant by alleging that this is his bank account number and the concerned official further stated that the complainant may deposit the amount under this account number. It is further alleged that the wife of the complainant who is also maintaining her saving bank account with the O.P bank and branch and had transferred an amount of Rs.1,00,000/- from her account to the account of the complainant as provided by the concerned official of the O.P bank. It is alleged that the complainant has visited several times the O.P bank and met the concerned official for providing him the pass book and cheque book in respect of his saving bank account and he further told the concerned official that he has not received any confirmation letter till date. The complainant visited number of times the O.P bank and made various requests and sent reminders to the O.P but neither satisfactory reply was given to the complainant by the O.P nor co-operated with him and always tried to prolong the matter on one pretext or the other. Complainant has also sent a legal notice dated 09.04.2014 but to no avail. On these facts complainant prays that O.P be directed to pay/return amount of Rs.1,01,000/- which was deposited by him with O.P bank, apart from cost and compensation as claimed.
2. O.P appeared and filed written statement. In his written statement O.P has not disputed that complainant had opened a Saving Bank Account with the Bank of OP and deposited Rs.1,000/- as per rules, in the first week of January 2014. The case of the O.P is that the O.P bank had always been willing and ready to issue the passbook to the complainant after completion of the official formalities of the bank but it is the complainant who did not come to the bank to receive the same. It is further alleged that with regard to the transfer of the said amount of Rs.1,00,000/- in the account of the complainant from his wife account has already been affected. It is alleged that the O.P does not deny the right of the complainant to get back the balance of his account after completion of requisite formalities. It is further alleged that complainant never submitted request for issuance of cheque book and passbook to the bank. It is alleged that the O.P bank is still ready and willing to issue the passbook to the complainant and to pay the amount deposited in his account. It is further alleged that the pass book has already been issued to the complainant. Dismissal of the complaint has been prayed for.
3. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint. He has also proved documents exhibited as Ex. CW-1/1 to CW-1/9. On the other hand Sh. Vinod Kumar, Chief Manager of O.P has filed his affidavit in evidence on behalf of O.P bank reiterating all the facts as alleged in written statement. Written submissions have also been filed by the parties.
4. We have carefully gone through the record of the case and also heard submissions of Ld. Counsels for the parties.
5. The only question involved in the present complaint is non-supply of passbook, cheque book and bank account number to the complainant by the O.P bank. The plea taken by O.P in the written statement is that, it is the complainant who did not approach the O.P bank to collect the passbook and cheque book and such there was no deficiency in service. It has also been submitted by O.P that they have already supplied the passbook to the complainant. The document placed on record by the complainant is Annexure- C-1 to C-8 collectively, demonstrate that despite best efforts made by the complainant the O.P did not supply him the passbook. The passbook might have been supplied by O.P but after filing the present complaint. The O.P have nowhere, filed any document by which the said passbook was furnished. Therefore, from the facts and circumstances stated above, it is a clear case of deficiency in service by the O.P by not providing him the passbook and cheque book despite opening of the bank account with O.P bank.
6. In our considered opinion, ends of the justice will be met if O.P is directed to pay the amount of Rs.2,500/- towards mental and physically harassment suffered by the complainant and Rs.1,500/- towards litigation charges. The O.P bank is further directed to pay interest to the complainant on the amount deposited in his bank account as per bank norms. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced this 15th day of December, 2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
