| Complaint Case No. CC/1153/2019 | | ( Date of Filing : 11 Jul 2019 ) |
| | | | 1. Right India Consultancy House, | | Sole Proprietor Ms.N.Sakuntala, Aged about 67 years, Senior Citizen, 54, 3rd Main, SBM Colony, Anand Nagar, Bengalore 560024. |
| ...........Complainant(s) | |
| Versus | | 1. Managing Director,Punjab National Bank, | | Plot No 4, Sector 10, Dwaraka, New Delhi 110075. |
| ............Opp.Party(s) |
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| Final Order / Judgement | Date of Filing:11.07.2019 Date of Disposal:29.05.2023 BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU 1ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027. PRESENT:- Hon’bleSri.Ramachandra M.S., B.A., LL.B., President Sri.Chandrashekar S Noola., B.A., Member Smt.Nandini H Kumbhar, B.A., LL.B., LL.M., Member | ORDERC.C.No.1153/2019 Order dated this the 29th day of May 2023 | Right India Consultancy House, Sole Proprietor, Ms.N.Sakuntala, Aged about 67 years, 54, 3rd Main, SBM colony, Anand Nagar,Bengaluru-560024 (INPERSON) | COMPLAINANT/S | - V/S – | The Managing Director, Punjab National Bank, Plot No.4, Sector-10, Dwaraka, New Delhi-110075 (Sri S.R.Harish Kumar, Adv.,) | OPPOSITE PARTY/S |
ORDER SRI RAMACHANDRA.M.S,PRESIDENT - The complainants files a complaint with this Commission under Section 35 of the Consumer Protection Act of 2019 with a direction to OP to pay a sum of Rs.50,000/- towards deficiency of service and also direct the OP to provide fresh pass word to the complainant and such other reliefs.
- The following are the complaint's key facts:
This is the case of the complainant that complainant being the account holder of OP bank, she submitted DD for a sum of Rs.13,682/- for the encashment to the OP bank, the OP has failed to encash the DD which is submitted by the complainant.Further the complainant submits that internet banking pass word of complainant was locked and after giving letter for fresh pass word, they have not given fresh password. By alleging all these deficiency of service, the complainant has maintained present complaint and sought for the relief for compensation for the alleged deficiency in their service. - Notice to OP-duly served, represented by counsel and filed written version and affidavit along with relevant documents in support of their defence.
- The complainant filed chief-examination affidavit along with relevantdocuments in support of their contention.
- Heard arguments. The matter is reserved for order.
- The points that arise for our consideration are;
- Whether the Complainant prove that there is deficiency in service on the part of the OP as alleged in the complaint and thereby prove that he is entitle for the relief sought?
- What order?
- The findings on the above points are as under:
Point No.1 : Partly in Affirmative Point No.2 : As per final order REASONS - POINT NO.1:-It is observed from the facts of the complaint that the complainant being the account holder of OP bank, she submitted DD for a sum of Rs.13,682/- for the encashment to the OP bank, the OP has failed to encash the DD which is submitted by the complainant. The OP has assigned reason that there is no deficiency of service on their part during course of service to the complainant as a banker. They contends that as the D.D. which is submitted by the complainant was belatedly submitted to the bank for encashment and next two days as it falls on holidays, by that time DD was expired as it was not valid for encashment and said DD was rejected as the instrument become invalid on expiry of 03 months of said DD. The OP has also denied the claim of complainant as OP bank failed to provide fresh password in order to transact with the OP bank. By alleging all these deficiency of service the complainant has maintained present complaint and sought for the relief for compensation for the alleged deficiency in service.
- From the perusal of chief examination affidavit and also by taking note of the annexure documents which is produced by both the parties and also by considering the contentions of both parties the commission is of the opinion that there is clear deficient service on the part of the OP bank. Despite of receipt of DD for the encashment from the complainant, the OP bank has negligently and carelessly failed to encash the said DD well within a valid period of said D.D. This act of the OP clearly goes to show that the OP being a banker have rendered a negligent and careless service to the complainant and further it is also observed that OP bank has also failed to return the un-encashed DD instrument to the complainant, who is the account holder of OP bank. There is delay of 15 days for return of the said DD to the complainant the account holder and as per allegations of the complainant, it is also found that the OP bank has failed to provide fresh pass word to the complainant in order to transact with the OP bank. On these facts whichis alleged by the complainant as against the OP bank appears to be a proved facts beyond reasonable doubt. When such being the case, the OP bank is held liable to pay compensation for the deficiency in service on their part during the course of service to the complainant, the account holder. It is also observed that the OP shall provide fresh pass word to the complainant/Account holder.
- In view of the above discussion and by considering the facts of the case and also by taking note of the contention of both parties, it is observed that there is clear deficiency of service on the part of OP bank, to the complainant. For which they are held liable to pay the compensation along with other reliefs which is granted in the complaint. Accordingly, the Point No.1 we answer Partly in Affirmative.
- POINT NO.2:- In the result, we passed the following:
ORDER - Complaint is allowed in part.
- The O.P. is directed to pay compensation of Rs.10,000/- for deficiency of service along with interest at 8% p.a. from the date of complaint.
- The OP is directed to provide fresh pass word to the complainant, if it is already provided, this order need not be complied by the OP.
- The OP is directed to pay a sum of Rs.5,000/- towards cost of litigation within 45 days from the date of this order. If OP fails to comply the order within 45 days from the date of order, the above said amount shall carry interest at 6% p.a. from the date of order.
- Furnish free copy of this order to both the parties.
(Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 29thMay 2023) (RAMACHANDRA M.S.) PRESIDENT (NANDINI H KUMBHAR) (CHANDRASHEKAR S.NOOLA) MEMBER MEMBER Witness examined on behalf of the complainant by way of affidavit:Ms.N.Sakuntala-who being the Proprietor of complainant Documents produced by the complainant: 1. | Ex.A: Copy of Pay in slip | 2. | Ex.B: Copy of show cause notice dt.02.08.2017 | 3. | Ex.C: Copy of email dt.27.07.2017 | 4. | Ex.D: Copy of email dt.28.07.2017 | 5. | Ex.E: Copy of Reply from OP dt.16.08.2017 | 6. | Ex.F: Copy of reply by email | 7. | Ex.G: Copy of email dt.24.10.2017 | 8 | Ex.H: Copy of email dt.27.10.2017 | 9. | Ex.I: Copy of email of OP dt.31.10.2017 regarding fresh pass word | 10 | Ex.J: Copy of Legal notice dt.13.11.2017 | 11 | Ex.K: Copy of email dt.14.11.2017 |
Witness examined on behalf of the OP by way of affidavit:Sri Balram Jadhav- Who being the Chief Manager of OP. Documents produced by the OP: 1. | R1: Copy of email dt.22.12.2018 | 2. | R2: Copy of email dt.03.01.2019 |
(RAMACHANDRA M.S.) PRESIDENT (NANDINI H KUMBHAR) (CHANDRASHEKAR S.NOOLA) MEMBER MEMBER SKA* | |
