Delhi

East Delhi

CC/419/2017

FIROJA BEGUM - Complainant(s)

Versus

PNB - Opp.Party(s)

31 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 419/2017

 

	Firoja Begum W/o Late Ainal Ghazi R/o 51, Flat No. 101-102 Kishan Kunj Ext. Gali No. 1, Laxmi Nagar Delhi 110092	….Complainant
Versus
	Punjab National Bank Through its Chief Manager/Manager L-142, 143 Main Market, Laxmi Nagar Delhi 110092	……OP

                                                         

 

Date of Institution: 11.10.2017

Judgment Reserved on: 07.11.2022

Judgment Passed on: 31.01.2023

                  

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms Rashmi Bansal (Member)

 

Order By: Sh. Ravi Kumar, Member

 

JUDGEMENT

1. By this order this Commission shall dispose off the present complaint filed by the Complainant w.r.t. deficiency in service by OP. The Complainant has contended in her complaint that she is account holder with OP Bank since 1999 (Account No. 1603000100139426) and on 12.4.2017, a sum of Rs.49000/- was withdrawn as ‘self’ from her account while she was not in India i.e. during the period from 01.04.2017 to 04.07.2017 and when she returned to India and she got updated her Passbook then she came to know that in her absence on 12.04.2017 a sum of Rs. 49000/- was withdrawn as ‘self’ from her account.  She made complaint to the OP against this illegal, unauthorized and malafide act and further complained to Police Station, Shakarpur. However, there was no action/response.  She has prayed to direct OP to refund Rs. 49000/- along with interest @ 24% p.a. from the date of withdrawal till date of realization and to pay damages of Rs.100000/- for mental pain and agony along with cost of litigation of Rs. 22000/-. 
2. Notice was issued to OP on 27.10.2017 and on 05.03.2018 Authorized Representative of OP, one Sh. Anil Kumar appeared and received copy of the complaint also.  However, thereafter though the case was listed on various dates no one appeared on behalf of the OP and OP was proceeded ex-parte on 07.03.2019. 
3. Complainant filed ex-parte evidence wherein copy of the identity proof of the complainant is marked as Ex. CW-1/1,  copy of the Passport having details of arrival/departure and tickets as Ex. CW-1/2 (colly), copy of Passbook annexed as Ex. CW-1/3, copy of written complaint dated 17.7.2017 lodged with OP as well as complaint dated 17.7.2017 lodged before P.S. Shakarpur as Ex CW1/4(colly). The Complainant has also filed additional documents which is RTI application dated 15.11.2019 addressed to PNB (Annexure-C1), Copy of PAN Card of the Complainant, along with copy of Passport and Ration Card (Annexure-C2), copy of Model Policy on Bank deposits (Annexure-C3) and she has also filed Cash Receipt dated 04.04.2017 by which amount of Rs.40000/- was deposited and copy of Passbook of account of Ms Ruksana Daughter of the Complainant (Account no.33075045928). 
4. This Commission heard the arguments of the Ld Counsel of the Complainant and perused the documents on record. No arguments were advanced by the OP nor any reply/document was filed in their defense.
5. The case of the Complainant is that she is an illiterate lady having bank account (Account No. 1603000100139426) in OP Bank, Laxmi Nagar, Delhi Branch. In all her correspondence and other documents Complainant is using her Thumb Impression and the Bank account was self operated which required her physical presence in the Bank every time she wanted to withdraw amount from her account. The Complainant was not in India during the period 1.4.2017 to 4.7.2017 - Ex. CW-1/2 (colly).
6. On 12.4.2017 there was withdrawal of Rs.49000/- in her account - Ex. CW1/3. This withdrawal was by way of ‘Self’ as per the Passbook when she was not in India. She made written complaint dated 17.07.2017 to OP against acknowledgement. However, the matter was not resolved.

 

7. The Complainant uses her thumb impression in her communication in writing and if she was abroad on 12.4.2017 then how her thumb impression could be used in allowing withdrawal of huge amount of Rs.49,000/-.

 

Further as per Annexure-C3 which is “Model Policy On Bank Deposits” of OP and it is specifically mentioned that in case of account of illiterate/blind person the guideline which the OP Bank has to follow are as - ‘at the time of withdrawal/ repayment of deposit amount and/or interest the account holder should affix his/her thumb impression or mark in the presence of the Authorized Officer who should verify the identity of the person.  The Bank will explain the need for proper care and safe keeping of the passbook etc. given to the account holder. The Bank officials shall explain the terms and conditions governing the account to the illiterate/blind person’.

 

From the above, it is evident that the Complainant who was not in India and was abroad, as per her Passport, during the relevant period then it is clear that she was not physically present before the Authorized Officer of the OP Bank and she has been able to prove that on 12.04.2017 she has not put her thumb impression in the presence of the Bank Official who would have indentified the account holder, by which instrument the withdrawal was permitted. The negligence on the part of OP Bank is therefore writ large and it clearly established.

 

The initial onus to prove the fact that the Complainant was out of India on 12.04.17 was on the Complainant which has been duly discharged by the Complainant then the onus shifted upon the OP who had to prove that usual course have been followed by the OP in discharging its duties while allowing ‘self’ withdrawal in the Complainant’s account on 12.04.2017. However, OP has chosen to remain absent in the case despite of service of complaint on their AR on 05.03.2018.  Further another Notice dated 13.10.2022 was issued to the OP and service was done Dasti by the Complainant on 17.10.2022, however despite of service OP did not appear before this Commission on 07.11.2022 the date so fixed and thereafter also.

 

It is noted that in the Passbook of the complainant the balance on 05.03.2017 was Rs.10400.21/- and on 04.04.2017 (during the absence of the complainant from India) there is a deposit of Rs. 40000/- by cash which made the balance Rs. 50400.21/- and thereafter there was withdrawal of Rs. 49000/- on 12.04.2017 in the account of the complainant.  The Commission raised this query before the Ld. Counsel for the Complainant as to how there is a deposit of Rs. 40000/- on 04.04.2017 in cash in the account of the account holder when she was not in India then she informed that the daughter of the complainant Ms. Ruksana was receiving salary of her mother from her employer in Dubai in her account and has produced a copy of the bank statement of the daughter of the complainant (Account No. 33075045928) wherein there is credit of Rs. 49000/- in her account by way of NEFT on 28.03.2017 and there is cash withdrawal of Rs.50000/- on 04.04.2017 and simultaneously there is cash deposit of Rs.40000/- in the account of the Complainant on the same day.  Subsequently also there is a credit of Rs.70000/- on 04.05.2017 in her account and this pattern continues. This establishes that daughter of the Complainant was receiving credit in her account regularly by way of NEFT and she used to withdraw the amount from her own account and deposit the same in the account of the Complainant which was done also on 04.04.2017.

 The question is ‘whether an illiterate person who is having account with the Bank can withdraw the amount without coming to the Bank physically or not’.  As per Annexure-C3 which is the ‘Model Policy On Bank Deposits’ of OP, at the time of withdrawal of the amount in the illiterate account holder, he/she has to be present physically in the branch who will affix his/her thumb impression in the presence of the Bank Official who would identify that illiterate person before permitting such withdrawal.

8. However, in the present case when the complainant was abroad and has produced her Air Tickets and copy of the Passport which shows that she was not in India from 01.04.2017 to 04.07.2017 then how OP permitted such withdrawal in her account and therefore it is a clear case of non-adherence to the laid down system and procedure of the Bank by the OP which has resulted in unauthorized withdrawal of Rs. 49000/- in the account of the Complainant on 12.04.2017 and this amounts to deficiency of service.

 

 There is no rebuttal by the OP as they have not filed reply to the Complaint nor agued the matter in their defense and the Complainant is able to establish deficiency of service on the part of OP.

 

In view of the reasons stated supra, this Commission directs as follows:

• OP to pay Rs.49000/- to the Complainant alongwith interest @ 7% p.a. from the date of withdrawal i.e. 12.04.2017 till the date of payment.
• OP to pay Rs15000/- to the Complainant towards mental pain and agony and legal cost. 

 

This order be complied within 30 days from the date of receipt of the Order.

3. opy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.

 

Announced on 31.01.2023