Haryana

Karnal

CC/349/2017

Dr Naresh Chander Varshney - Complainant(s)

Versus

Corporation Bank Taraori - Opp.Party(s)

Balraj Sangwan

20 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                             Complaint No.349 of 2017

                                                         Date of instt. 24.10.2017

                                                         Date of decision:20.11.2018

                                                                                       

Dr. Naresh Chander Varshney son of Bhola Nath Varshney age 72 years, resident Amrawati-1, Malli Bamori, Haldwani, District Nainital Uttrakhand.

                                                                                                                                                        …….Complainant

                                        Versus

 

1. Corporation Bank Taraori, Tehsil Nilokheri District Karnal through its Branch Manager.

2. General Manager, Corporation Bank Head office PB 88 Mangladevi Temple Road Pandeshwar Manglore 57001 (Karnatka)

 

  …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before:  Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Balraj Sangwan Advocate for complainants.

                Shri S.K.Bhardwaj Advocate for OPs.

               

                (Jaswant Singh President)

ORDER:                    

 

                           This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant is consumer of OPs, vide his account no.SB/01/004461 till 7.1.2014. Complainant was the Principal of Minerva College of Education Taraori District Karnal and was paid salary in the abovesaid account by the college. The college was not paying full salary to complainant regularly and the complainant demanded it from the college at various times and lastly paid in the month March 2012 and he withdraw that amount. After that he had no knowledge of salary and had not made any transaction in the bank. Lateron, the dispute with the college about his balance salary is still going on and is pending in the District Education Tribunal at Karnal. The complainant wrote a letter to the Kurukshetra University to get his balance salary and the University asked the college regarding the complainant’s balance salary. The college sent the copy of statement of bank account issued by the OPs on 8.11.2013, vide university letter dated 20.12.2013. On perusal of the bank statement the complainant was stunned to know that an amount of Rs.90,000/- has been deposited in his account in the month of November, 2012 and December, 2012 and the same was withdrawn by various transactions during the period of 4 days from 21.12.2013 to 24.12.2012. Complainant telephonically called the bank Manager and enquired about the matter. The Manager of Bank Shri Jai Parkash Chaudhary told about issuing of ATM Card and Cheque book in his account. Complainant told the bank Manager that he has not taken any ATM card and requested him to look into the matter and close his account so that further fraud can be avoided, then the bank manager told him that account cannot be closed till return of ATM card and cheque book. On the advice of the OPs, complainant wrote a letter to Branch Manager and requested for closing his account. The complainant also requested for a copy of application for issue of the ATM card and PIN register which was provided by the Branch Manager and on its perusal the complainant was shocked to see that his signature of the complainant are forged on it and it is signed by Chairman of the college Shri Honey Chaudhary and Honey Chaudhary has taken the PIN number and signed in the register and this cannot be done without the involvement of the employee of the OP bank separate criminal proceedings has been initiated against Shri Honey Chaudhary and the bank Manager Shri J.P. Chaudhary and in this regard a FIR no.187 dated 3.5.2016 has been registered in Police Station Taraori. Thereafter, complainant wrote many letters to the OP and bank through its bank Manager to enquire into the fraud played with the complainant’s account but no action has been taken by the Bank and Branch Manager of Bank gave false statement to police to save himself and fraudulent person. Thereafter, complainant wrote letter dated 27.3.2015 to Reserve Bank of India, Nodal Office and General Manager of Corporation Bank, Manglore for taking necessary action against the bank manager regarding the fraud played in his account. In this way OPs have caused monetary loss of Rs.90182/- to the complainant by fraudulently issuing the ATM card and PIN and bank account statement to another person and illegal withdrawal of the money. It is further alleged that on 10.06.2016 the complainant received a DD no.621243 of amount of Rs.90700/- dated 19.5.2016 under the insurance policy of the bank and RBI which was accepted by the complainant under great protest. Therefore, through this complaint complainant prayed for direction to the OPs to pay Rs.112/- as balance amount and interest of Rs.56,758/- on amount of Rs.90812/- from 21.12.2012 to 10.6.2016 and Rs.13649/- on amount of Rs.56870/- from 11.06.2016 to 10.10.2017 alongwith future interest and also requested for compensation of Rs.18,00,000/- and litigation expenses of Rs.22,000/-

2.             Notice of the complaint was given to the OPs, who appeared and filed their written version raising preliminary objections with regard to maintainability; concealment of facts and complainant is estopped from filing the present complaint by his own act and conduct. On merits, OPs admitted facts qua closing of account of complainant, qua coming of salary of the complainant in the OP bank, qua the issuance of statement of bank account by the OPs and qua the registration of criminal case bearing FIR no.187 dated 3.5.2016 in Police Station Taraori, District Karnal. It is denied by the OPs regarding the fact that they have not given any advice to the complainant for writing letter of closing of account as well as writing the facts of lost of ATM and cheque book. There is no involvement of any Bank Employee in the wrongful act of alleged Director Honey Chaudhary, false and frivolous allegations have been levelled upon the OPs whereas the dispute is between the complainant and his employer Director Honey Chaudhary. The bank has no concern with the alleged transactions effected between 21.12.2012 to 24.12.2012. There is no fault on the part of the OPs, as there is no personal benefit of any bank employee, if said Honey Chaudhary has played fraud with the complainant. It is further stated that the complainant has already admitted that he has received the amount of Rs.90,700/- through Demand Draft under Insurance Policy and the file of the case of the complainant was recommended by the OPs to the insurance company and the insurance company after going through all the facts comes on the conclusion that there is no fault on the part of the OPs, so the insurance company has passed the claim and issued Demand Draft in favour of the complainant. Hence there is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainants tendered into evidence his affidavit Ex.C1 and documents Ex.C2 to Ex.C15 and closed their evidence on 23.02.2018.

4.             On the other hand, on 23.5.2018 learned counsel for OPs made statement that written statement filed by OPs be read as evidence of the OPs.

5.             We have heard the learned counsel for both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             The case of the complainant is that he was principal of Minerva College of Education Taraori and his salary was paid in the account no.SB/01/004461 of Bank of OP. On the perusal of bank account statement the complainant shocked to know that an amount of Rs.90,000/- has been deposited in his account in the month of November,2012 and December, 2012 by the University and same was withdrawn by various transactions during four days. On enquiry it comes to the knowledge of the complainant that ATM card and cheque in his account was issued by the Bank. The complainant never got issued the ATM card and cheque book from the Bank. Lateron, it has come to the knowledge of the complainant is that the Chairman of the College Honey Chaudhary has got issued the ATM card and cheque book from his account. Qua the fraud of Honey Chaudhary an FIR no.187 dated 3.5.2016 has been registered in the Police Station Taraori. The complainant written many letters to the OPs to enquire into the fraud played with his account but no action has been taken by the Bank Manager. An amount of Rs.90812/- has been withdrawn from his account through ATM card, issued by the OPs to the Chairman namely Honey Chaudhary. On 10.06.2016 the complainant received a DD no.621243 of the amount of Rs.90700/- dated 19.5.2016 under the insurance policy of the Bank and RBI which was accepted by the complainant under great protest reserving his right to take criminal and civil proceedings against the OPs.

7.             On the other hand, the case of the OPs is that the salary of the complainant coming in the account of the complainant in his bank. The facts qua registration of the criminal case bearing no.187 dated 3.5.2016 in Police Station Taraori not denied. There is no involvement of any bank employees in the wrongful act of alleged Chairman Honey Chaudhary. The bank has no concern with the alleged transactions between 21.12.2012 to 24.12.2012. There is no personal benefit of any bank employee if said Honey Chaudhary has played fraud with the complainant. Complainant has already received the amount of Rs.90700/- through Demand Draft under insurance policy and nothing is due against the bank of OPs.

8.             Admittedly, the complainant was principal of Minerva College of Education Taraori and he was drawing his salary in the account which was in the bank of OPs. The salary of month of November and December was deposited in the account of the complainant and same was withdrawal by the various transactions during the period of four days from 21.12.2012 to 24.12.2012. The bank account was closed by the complainant due to fraud. The ATM card and cheque book was never issued on the application of the complainant. The counsel for the OPs argued that said ATM card and cheque book was issued on the asking of the complainant but there is no proof on the file to prove that ATM card and cheque book was issued with the consent of the complainant. The amount which was allegedly withdrawn by third person from the account of the complainant has been given to the complainant by the OPs only Rs.112/- is balance. In these facts and circumstances of the case, we are of the considered view that the OPs are deficiency in services.

9.             Thus, as a sequel to above discussions, we allow the present complaint and direct the OPs to pay balance amount of Rs.112/- to the complainant. We further direct the OPs to pay interest on the amount of Rs.90812/- @ 9% per annum w.e.f. from 21.12.2012 to 10.6.2016. We further direct OPs to pay Rs.10,000/- on account of mental agony, harassment and for litigation expenses. This order shall be complied with within 30 days from the receipt of copy of this order. It is made clear if the calculated interest on the amount of Rs.90812/- has not been paid by the OPs within stipulated period then OPs are liable to pay further interest on the calculated amount @ 9% per annum from the date of filing the complaint till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:20.11.2018                                                                     

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

               

                (Vineet Kaushik)        (Dr. Rekha Chaudhary)

                     Member                        Member