By Sri.Ananthakrishnan. P. S, President:

            This is a complaint filed under Section 12 of the Consumer Protection Act 1986.

          2. The Complainant’s case in brief is as follows:-The Complainant  is an SB Account holder of Opposite Party, bank. Her A/C number is 07460101005071. She started this account on 08.09.1980. Thereafter, to obtain age old pension, she submitted an application before the Kalpetta Municipality and as per their direction, she sent a copy of the passbook of this account. But, even if, they tried to deposit her pension for the months within January 2015 to September 2016 in this account, they could not do it. The money was being returned by Opposite Party stating that no such account or invalid account or invalid IFSC. Actually, the number of her account is 0746101005071. Instead, the staff of Opposite Party mistakenly noted the number of account in the pass book as 07460101005071 and they subsequently corrected it. When she enquired in Opposite Party, bank on 27.12.2016, they misbehaved and threatened her. Therefore, the Complainant started an account in Punjab National bank and she sent copy of the pass book and now pension is being received correctly through this account. Though the Complainant sent a notice to the Opposite Party claiming compensation, without giving it, they sent a false reply.

          3. Therefore there is deficiency of service on the Opposite Party.  Thus, she lost Rs.25,000/-  as her pension. Hence, this complaint to get Rs.25,000/- with an interest at the rate of 12%,  Rs.50,000/- towards compensation and Rs.1,500/- towards cost of the notice.

          4. The Opposite Party filed version contenting mainly as follows:- They denied the entire allegation  against them. They denied that there is deficiency in service on them.  They denied that they mistakenly noted the SB account number of the Complainant in the pass book and that she sent copy of this pass book to Kalpetta Municipality for getting old age pension and since, the number was incorrect, she was denied  the pension. The Complainant is an account holder of this bank from 08.09.1980 and there were only four digits in the account number before core banking.  After the implementation of core banking, the number was changed into 13 digits.  They denied that the Complainant did not know her account number and therefore she sent copy of the pass book to the Municipality which contains incorrect number. They also denied that the staff of the Opposite Party misbehaved and threatened her when she enquired about the mistake.  She is familiar with her account number and getting money from Spices Board and Agriculture department from 2013 onwards through this account. This Opposite Party sent reply containing real facts to her notice.  So, this is a false case filed against Opposite Party which is to be dismissed with compensatory cost.

5. On the above pleadings, the points raised for consideration are:-   

1. Whether there is any deficiency in service on Opposite Party?.

2. Relief and costs.

6. The evidence in this case consists of oral testimony of PW1, PW2, Exts.A1 to A6, Exts.B1 and B2.  Heard both sides.

7. Point No.1:-  Admittedly, Complainant is getting Indira Gandhi old age pension and she tried to get this pension through his SB account  maintained in the Opposite Party bank.  The pension was being sanctioned by the Kalpetta Municipality and they used to deposit the money in the account of pensioners.  It is admitted and evident from Ext. A2 that when the Kalpetta Municipality tried to deposit the pension amount of the Complainant in her account maintained in Opposite Party Bank, they could not deposit it due to the mistake mainly in the account number of the Complainant. The Complainant’s specific case is              that actually her account number is 0746101005071 and mistakenly                             the    staff   of   Opposite Party  written  this number in  the    pass book    as             07460101005071. Ext. A1 is the Pass book. The grievance of the Complainant is that she took photocopy of Ext.A1 passbook and sent to the Kalpetta Municipality to know the account number.  She alleged that when the Kalpetta Municipality could not deposit the amount, she contacted the staff of the Opposite Party bank and only then she realised that they mistakenly noted the account number in Ext. A1 passbook and it was corrected by them at that time.  Ext.A1 would go to show that though the pass book is a printed passbook, the account number is written there in ink and there is a subsequent correction also in the account number. But, here there is no evidence to prove that the staff of the Opposite Party, bank has written the said account number mistakenly in the pass book and subsequently corrected it. As already stated, the specific case of the Complainant is that since there was a mistake in the account number noted by the staff of the Opposite Party in Ext.A1, pass book, the Kalpetta Municipality got a wrong account number and therefore they could not deposit the pension amount in the account of the Complainant. Ext. A2 would go to show that Kalpetta Municipality could not deposit the amount for the reason that they have obtained a wrong account number. It is evident from Ext. A1 pass book and Ext.B1, statement of account of the SB account of the Complainant that money was being deposited in the account of the Complainant from Agriculture Department and Spices Board from 2013 onwards and there is no mistake in that account number. PW1 deposed that she has sent application to the Kalpetta Municipality to get the age old pension and she has written the correct account number in the application form.  Therefore, there is no possibility to get a wrong account number to the Kalpetta Municipality due to any alleged fault from the staff of the bank. Therefore, from the overall evidence in this case, it would go to show that the Complainant has miserably failed to establish deficiency of service on the Opposite Party. Therefore Complainant is not entitled to get anything from the Opposite Party. So, the point is answered against the Complainant.

8. Point No.2: Since we found point No.1 against the Complainant, the Complainant is not entitled to get any relief.

In the result, the complaint is dismissed, but without cost.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 26^th day of July 2022.      Date of filing:15.05.2018.

                                                                   PRESIDENT:  Sd/-

                                                                   MEMBER  :    Sd/-

                                                                   MEMBER  :    Sd/-

APPENDIX.

Witness for the complainant:

PW1.           Chembakam.                  Complainant.

PW2.          K.G. Reaveendran.                   Municipal Secretary.      

Witness for the Opposite Party:

Nil.

Exhibits for the complainant:

A1.      Pass Book.

A2.      Account Statement.

A3.      Pass Book

A4(a)   Copy of Notice.                     dt:27.10.2017.

A4(b)   Acknowledgment.

A4©     Postal Receipt.                      dt:27.10.2017.

A5.      Notice.                                   dt:22.11.2017.

A6.      Letter                                     dt:21.08.2017.                                  

Exhibits for the Opposite Party:

B1.      Statement Account for the period from 01.08.2009 to 03.01.2020.

B2.      Statement Account for the period from 01.02.2008 to 01.08.2009.