Punjab

Ludhiana

CC/18/518

Suchita - Complainant(s)

Versus

Indusind Bank - Opp.Party(s)

MS Sethi adv

01 Oct 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

 

Consumer Complaint No. 518 of 21.08.2018

Date of Decision            :   01.10.2020

 

Suchita Tanotra aged 25 years d/o Shashi Kumar Tanotra, H.No.3880, St. No.5, Gagandeep Colony, Ludhiana.

….. Complainant

                                                         Versus

                              

IndusInd Bank, SCO No.12, 13 Canal Colony, Near NRI Silk Store, Shaheed Bhagat Singh Nagar, Ludhiana, Punjab 141001 through authorized signatory.

Opposite party

 

             (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.K.K.KAREER, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh.M.S.Sethi, Advocate

For OP                           :         Ex-parte.

 

PER K.K.KAREER, PRESIDENT

 

1.              As per allegations in the complaint, complainant is maintaining the saving account No.100055527434 with OP. Complainant was also availing net banking facility. Complainant applied for admission to a course of degree of Doctor of Philosophy with University of Lethbridge, Canada for the year 2018. Her admission was approved by the said university vide letter dated 18.06.2018. In order to obtain student visa to Canada, complainant was required to have sufficient funds in Canada. Therefore, she applied to Scotiabank under the Scotiabank Student GIC Programme and she was allotted Investment Account No.000000071867655 by the said bank. This Scotiabank vide its email dated 22.06.2018 asked the complainant to submit one wire payment of 10200 Canadian Dollars. The said bank further informed that once they received the payment, they will issue the investment direction confirmation, which will further be used to obtain study permit by the complainant. The Scotiabank, in its email communication dated 22.06.2018, also specifically mentioned instruction for sending a wire transfer for Scotiabank Student GIC Programme. It was also mentioned by the Scotiabank in the said instructions that incoming wire transfer will be rejected, in case the amount received would be less than the prescribed amount of 10200 Canadian Dollars; if a wire transfer was sent from a source which is not a financial institution in India where the complainant holds her account and further, if the payment was received from a third party. The Scotiabank further advised to strictly follow the instructions while sending the wire transfer. Accordingly, the complainant approached the OP for remitting the requisite amount of 10200 Canadian Dollars plus 50 Canadian Dollars, equivalent to Rs.5,40,610/- in Indian currency. The concerned official of the OP filled online form and the amount was transferred from the account of complainant to the beneficiary bank i.e. Bank of Nova Scotia, 4715, Tahoe Blvd, Ontario Canada Nosccattcol. The said amount was duly deducted from the account of complainant on 27.06.2018. Transaction was confirmed by OP and the complainant was told that it would take about 5 days for the confirmation by the bank in Canada.

2.                It is further mentioned in the complaint that complainant through email dated 6.7.2018 was informed by this Scotiabank that said transaction was rejected on the ground that wire transfer was not completed as per Programme requirement. It was further mentioned by the Scotiabank that the customer address does not match with the beneficiary customer address in the records. As a result, the complainant approached OP with a copy of communication dated 6.7.2018 and asking about reason for the rejection of remittance. OP on 13.07.2018, delivered the copy of TT advice dated 27.6.2018 stating that concerned official of OP was not conversant with the process/procedure of transferring of amount as per instructions for sending a wire transfer to Scotiabank Student GIC Programme (SSGP) Investment Account. The funds were, however, received by OP on 9.7.2018 as per passbook entry. When the complainant got her passbook updated, she came to know that a sum of Rs.11,450/- were deducted towards bank charges by OP along with further charges of Rs.3500/- from 01.07.2018 to 19.07.2018. When the complainant requested the OP to waive the illegal charges as transaction was rejected due to negligence and fault on the part of OP, but the prayer of complainant fell on deaf ears. In this manner, OP has not only caused mental tension, harassment, agony but also financial loss to the complainant and also rendered deficient and negligent services by indulging in unfair trade practice. In the end, it is requested that OP be held responsible for rendering deficient and negligent services and OP be penalized to the tune of Rs.1,50,000/- as compensation to the complainant. It is further prayed that OP be directed to refund Rs.11,450/- deducted towards bank charges along with other sundry charges of Rs.3500/- along with interest from 01.07.2018 to 19.07.2018 and be also directed to pay Rs.50,000/- as expenses incurred by the complainant towards the study preparation while applying for Scotiabank Student GIC Programme and further interest @12% on the sum of Rs.5,40,610/- for the period27.06.2018 to 09.07.2018.

3.                 Notice of the complainant was issued to OP, who did not appear and was proceeded against ex-parte vide order dated 29.03.2019.

4.                Counsel for complainant in ex-parte evidence tendered affidavit Ex.CA1 of complainant along with documents Ex.C1 to Ex.C8 and thereafter, closed the ex-parte evidence.

5.                Written arguments not submitted, but oral arguments of counsel for complainant heard. Records gone through carefully.

6.                From the averments made in the complaint and evidence lead in support thereof, it transpires that complainant applied for admission for a degree of doctor of Philosophy with University of Lethbridge, Canada. She was required to remit 10,200/- Canadian Dollars by way of wire transfer to Scotiabank under the Scotiabank Student GIC Programme. Copy of which is placed on the file as Ex.C2. In the communication Ex.C2 itself, the necessary instructions required to be adhered to while transferring the money through wire payment were given in detail. It is also in evidence that complainant requested OP for wire transfer of 10200 Canadian Dollars, which equivalent to Rs.5,40,610/- in Indian Currency. The said wire transfer was, however, rejected due to filling in the wrong particulars by the officials of OP in as much as the ordering address of customer did not match with the beneficiary customer address in the records as is mentioned in the mail Ex.C4 sent by Scotiabank. It thus stands established in the evidence produced on record that error was committed by the official of OP bank while attempting the wire transfer of money to Scotiabank. In these circumstances, OP was not entitled to deduct the amount of Rs.11,450/-, which was not justified, especially when the wire transfer failed due to incompetency and negligence on the part of OP. Complainant has further claimed compensation of Rs.1,50,000/- on account of deficient services given and another sum of Rs.50,000/- on account of expenses incurred for applying for the Scotiabank Student GIC Programme. However, these claims do not appear to be justified considering the facts that once the wire transfer failed, the money could have been resent by filling the correct particulars. However, due to these deficiency in services provided by OP, the complainant is held entitled to a compensation of Rs.5000/-.

7.             Therefore, as a result of the above discussion, complaint is partly allowed with direction to OP to refund the amount of Rs.11,450/- and also to pay Rs.5000/- as compensation. Aforesaid amounts should be made within 30 days from the date of receipt of copy of order, failing which, complainant will be entitled to interest @8% per annum on the aforesaid amounts from the date of this order till realization. Copies of order be supplied to parties free of costs as per rules.

8.                File be indexed and consigned to record room.

 

                     (Jyotsna Thatai)                                     (K.K.Kareer)

              Member                                        President

Announced in Open Forum

Dated:01.10.2020

Gurpreet Sharma.