ORDER ON ADMISSION OF COMPLAINT  

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section 35 of the Consumer Protection Act, 2019 to direct the 1^st OP Canara bank, Kyathasandra branch, Tumakuru and 2^nd OP Canara bank, Ashokanagara branch, Tumakuru to open a new student bank account in the name of complainant’s minor son Mokshith Naik.R aged about 6 years and further order the OPs to pay a sum of Rs.2,00,000=00 each as compensation towards humiliation, mental pain and harassment caused to the complainant along with the cost of proceedings.

          2. It is the case of complainant that in the first week of December, 2020 they approached the 1^st OP bank to get the new student bank account in the name of her minor son Mokshith Naik.R aged about 6 years studying in first standard. It is further case of complainant that it is mandatory for all students to obtain any educational scholarship benefits and on the information given by the 1^st OP bank the complainant has approached the 2^nd OP bank and submitted all the necessary documents like study certificate of minor child and Aadhar card. The 2^nd OP has refused to open the account in the name of minor son. Hence, this complaint for deficiency in service and un-trade practice by the OPs.

          3. We have heard the learned counsel for complainant.

          4. The complainant in support of her case has produced the copy of pass book for holding account in the 1^st OP bank. The complainant has produced xerox copy of Aadhar card and Study and Conduct Certificate of minor child dated 27-11-2020 issued by Sri Chaitanya Techno School, Tumakuru and xerox copy of Aadhar card of minor son of complainant. The complainant has produced copies of photos taken in front of the gate of the bank to show that they went to the bank. The complainant has produced xerox copy of legal notice dated 21-1-2021 and 7-12-2020 sent to the OP Nos.1 and 2. The complainant has further produced the copy of notification issued by the Reserve Bank of India issued to the Chairman and Managing Director of all Scheduled Commercial Banks dated 26-8-2010 wherein it is informed that the bank shall permit to open the student account to get the government benefits.  

          5. The complainant has not produced any application submitted to the OPs to open the account in the name of her minor child. It is stated in the complaint that they have submitted Aadhar card, Pass book, PAN card and other documents to the OPs to open the account in the name of minor son. Such documents cannot be submitted unless account opening form is furnished by the bank authority. The complainant has not made out any prima-facie case to show that the OPs have furnished the bank account opening form to open the account. The complainant can even open the bank account in the name of minor on online. The complainant has not produced material documents that the application was/is invited by school or any government authority for sanction of scholarship to the eligible students for the academic year 2020-21. Further the complainant has not produced documents to show that the above authorities have sanctioned/granted scholarship to the minor son for the said academic year.   

6. At this stage the complainant has not made out any case to believe that the OPs have committed deficiency in service and unfair trade practice. The complainant has not mentioned in the complaint that they asked for furnishing account opening form in the name of minor son. There is no material to believe that the OPs have committed the act of deficiency in service. In the result, we proceed to pass the following;

ORDER

The complaint is dismissed as not maintainable.

Furnish the copy of order to the complainant and opposite parties at free of cost.