Chandigarh

DF-II

CC/502/2021

Kavita Kumari - Complainant(s)

Versus

Bank Of Baroda - Opp.Party(s)

Gaurav Chadda Adv.

25 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	502/2021
Date of Institution	:	03.08.2021
Date of Decision	:	25.08.2021

 

                                       

                       

 

Kavita Kumari aged 29 years wife of Sh.Nitin Bhola r/o H.No.822, Street No.14, Vikas Nagar, Nayagoan, District SAS Nagar (Mohali).

                                ...  Complainant.

Versus

Bank of Baroda, SCO No.72-A & 73-A, Sector 26, Grain Market, Chandigarh 160019 through its Branch Manager.

 

…. Opposite Party.

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Gaurav Chadha, Adv. for the complainant

      

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that  she is having her salary account with the OP for the last more than three years.  It has further been averred that she received an anonymous call regarding credit of some amount in her account and the person who made the call told her to return the said amount through paytm but she did not bother to his request as the person was unable to be identified. However, an amount of Rs.5000/- was deducted from her account without any such transaction having being initiated by her nor the said deduction was shown in her bank statement nor any SMS Message/Email was received from the Bank.  It has further been averred that when she made efforts to know about the deduction then the bank staff not only misbehaved with her but also used threatening language etc.  Stated further that it was the bounden duty of the Bank to call and explain the customer regarding the deduction of any amount wrongly credited in his/her account but in the present case neither any intimation nor any SMS/Email was sent to her.  She also submitted a detailed representation (Annexure C-1) to the OP Bank in this regard and made a request to redress her grievance within three days.  Subsequently, she received a letter dated 07.06.2021 from the OP-Bank wherein they tried to justify their act and conduct in total contravention of the standing instructions and rules of the RBI regarding debit of the amount from the customer account.     Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.     
2.         We have heard the Counsel for the complainant at the preliminary stage and have gone through the documents on record.
3.         After going through the documentary evidence on file, we are of the considered view that the complaint filed by the complainant is liable to be dismissed at the preliminary stage for the reasons stated hereinafter. The OP-Bank has clarified the position in its  letter dated 07.06.2021 which is self explanatory and reproduced as under:-

Dated.07.06.2021

 

Mrs. Kavita Kumari w/o Nitin Bhola

H.No.822, street No.14     

Vikas Nagar, Nayagaon,

SAS Nagar, Mohali.

 

Madam,

 

Subject:    Wrong credit of Rs.3000/- and Rs.2000/- in your SB Account. 33780100009569 Mrs. Kavita

 

                This is to inform you that we have received the mail from Government Senior Secondary School, Sector 37 B, Chandigarh dated 20.05.2021 regarding wrong entry of Rs.5000/-(Rs.2000 dated and Rs.3000 dated 04.03.2021) credited in your Saving bank account No. 33780100009569. We have immediately marked the lien of Rs.5000/- in your account as per banks guidelines to secure the money but we have not deducted any amount from your account without your consent. After half an hour of marking the lien in your account you have visited the branch and we have also informed you regarding the wrong entry credited and asked for your consent and confirmation.

 

                On dated 03.06.2021, one of the official of Government Senior Secondary School, Sector 37 B, Chandigarh visited the branch and asked for refund of Rs.5000/- still we have not deducted from your account. We tried your registered mobile number but it showed switched off. In the meantime, we have also contacted but your registered mobile number was switched off. We again requested you to confirm whether the aforementioned transactions belongs to you or not. but till date you have not confirmed the same to the bank.

 

                Your prompt response in this matter will be solicited.

 

Yours faithfully

Sd/-

Senior Branch Manager

Bank of Baroda

Sector 26, Chandigarh”

 

 

                A bare perusal of the aforesaid letter clearly reveals that the Bank has merely marked a lien on the amount of Rs.5,000/- wrongly credited on the request of the school authorities to secure that amount and not deducted the amount as tried to be projected in this complaint.  In our considered view, as per Bank guidelines, the Bank has got every right to mark a lien on the amount wrongly credited to secure that amount in the account of the account holder.  By doing this, the Bank has not committed any deficiency in service or unfair trade practice as alleged. Thus, the present complaint being devoid of any merits deserves to be dismissed.

4.         In view of the above discussion, the present complaint is dismissed at the preliminary stage with no order as to costs.
5.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 25/08/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER