IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 12th day of December, 2021
Filed on 25.09.2020
Present
1. Sri.S.Santhosh kumar.BSc.LLB (President)
2. Smt.Sholly.P.R, LLB (Member)
In
CC/No.228/2020
Between
Complainant:- Opposite party:-
Sri. Varghese V.C The Manager,
S/O Chakko, Canara Bank,
Vallapurckal, Boat Jetty Branch,
Kainakari, Alappuzha
Kuttamangalam-P.O (Adv.Sri.M.P.Venugopal)
Alappuzha
(Adv.Sri.P.T.Joseph)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
Complaint filed u/s 35 of the Consumer Protection Act, 2019
Complainant’s case in brief is as follows:-
Complainant, a resident in House No.2/117 of Kainakary Grama Panchayath is an agriculturist and fisherman having only primary education. Opposite party is the Manager of Canara Bank, Boat Jetty Branch.
Complainant is a customer of opposite party Bank since 28.05.2013 and his SB account number is 07011010 62443. A new pass book was issued towards the said account on May 2018 since the old one was fully entered on April 2018. It was submitted the copies of front page of the new passbook to Kainakry Panchayath and office of Matsyafed for getting financial aid form Re-build Kerala and Fishermen Savings Aswas Scheme for Rs.1,25,000/- and 4,500/- respectively in connection with damage sustained to the residential building consequent to the flood 2018.
Thereafter the complainant was at AIIMS Hospital, Delhi, for treatment of his daughter affecting menichities for a long period. Returning from hospital the complainant reached Kainakry Panchayath on 10.03.2020 and on enquiry it was informed that the amount was transferred to the account of complainant kept in opposite party’s bank. But on 15.03.2020 when the complainant reached the opposite party’s bank for withdrawing the said amount it was informed that the said amount was not credited to the account of the complainant. Further peon of the opposite party bank inspected the passbooks old and new and thereafter the first page showing the name and address and the account details of the account holder pasted to the cover page of the pass book and then entered the account details and name and address of the complainant from computer to the reverse side of 1st page and 2nd page of the passbook and told that it would be informed after one month.
There after the complainant reached Kainakary Panchayath holding the passbook entering new details. On inspection it was found the attached pages of the pass book and they detached the same and realized that in the 1st page of the said passbook the name and address of the holder of account was Geetha, W/O Reghu, Purethechira, Nehru trophy ward, Avalookkunnu-P.O, Alappuzha and the account No. was 0701108061442. The copy of said pages of passbook was submitted to panchayath and Matsyafed by the complainant and there by the amount sanctioned to the complainant from the said offices was liable to be wrongly credited to the above said Account.
The complainant had no sufficient knowledge of English to realize the details of account was that of a third person is his new passbook.
It was only to supress deficiency or negligence from the part of opposite party bank by committing wrong entry in the new passbook of the complainant, pasted the 1st page of the passbook to the cover page. The wrong entry of account number of a third person in the passbook of complainant causes wrong credit of the amount entitled to the complainant in the said account No:442. The amount of Rs.125000/- from Re-build Kerala and 1st allotment of Rs.3000/- from Fisherman Savings Aswas Scheme entitled to the complainant were credited to the account of 442 and thereby the amount was withdrawn by the holder of the said account which causes financial losses to the complainant and he could not made repair his residential house affected in flood and consequent that arranged marriage of his daughter was called off and causes much mental agony and difficulties to the complainant.
On several occasions from 14.03.2020 the complainant approached the opposite party bank to clear cut the said matter. Accordingly the opposite party bank assured the complainant to refund the amount obtaining from the holder of account who had been withdrawn the said amount. But not proceeded. Thereafter the Secretary, Kainakary Panchayath issued a letter to opposite party bank on 20.04.2020 regarding the issue. Then also no response on their past. Thereafter the opposite party bank informed that they had initiated legal proceedings against the holder of account who withdrawn said amount and the amount should be refunded only after the said proceedings. But the opposite party bank did not initiate any proceedings in this matter. Hence this complaint seeking reliefs as follows.
1. Directing the opposite party bank to refund the amount of 1,28,000/- (entitled to the complainant Rs.1,25,000/- from Rebuild Kerala Plan and Rs.3000/- from Fisherman savings Aswas Scheme) with interest @ 12% which credited and withdrawn by account holder No.442 due to the wrong entry of account No.07011080442 in the pass book of complainant.
2. Directing opposite party bank to pay Rs.1 lakh as compensation for mental agony and struggle sustained the complainant.
3. And to allow cost of Rs.5000/- from the opposite party bank
Version filed by the opposite party is as follows
The complaint is not maintainable. The complaint has approached this Hon’ble Forum by suppressing real facts and by averring misleading false statements. The complaint is bad for non joinder of necessary parties. As per the complaint the allegation are also leveled against Kainakary Grama Panchayath, Matsyafed, Alappuzha and account holder Geetha W/o Reghu (A/c No. 0701108061442) Purethechira, Nehru Trophy ward, Avalookkunnu P.O, Alappuzha and they are also involved in the said transactions and hence they are necessary parties in the above case. It is true that the complainant is an Account Holder of the opposite party bank with account No.0701101062443.
The complainant had approached this opposite party bank for the issuance of new pass book and as per the request of the complainant this opposite party had issued new pass book. The other averments with respect to the flood and grant of amount by the Kainakary Grama Panchayath under the Kerala Rebuild plan and the complainant is the beneficiary of the said plan is not known to this opposite party and the same has to be proved by the opposite party himself.
This opposite party bank is a Nationalized bank and its staff never done any manipulation as alleged in the complaint. While issuing passbook to the complainant, opposite party bank never stated the account details and name of another account holder as alleged. The allegation regard to the manipulation of pass book and the related averments are only a concocted story and the same are pleaded only for the purpose of filing this frivolous complaint.
When new passbook is issued to the customer, the staff of the opposite bank had affixed the barcode in the passbook and after printing the passbook the same is handed over to the compliant and no other manipulation is done by the opposite party alleged. The staff of the opposite party bank had acted only as per the directions and instruction of the complainant.
The averments made by complainant that he had approached the Kainakary panchayath office with the pass book to enquire about the delay in crediting the amount and after the inspection made by the officers at the panchayath office and they managed to remove the 1st page from the cover and up on the aforementioned inspection they found out the account number, name and address entered in the first page of the pass book was of another person named Geetha and not of the complainant and thus the opposite party bank had manipulated in the documents provided to the complainant are absolutely incorrect and it is only a figment of imagination and the same is denied. The opposite party bank only put a sticker on the cover of the pass book which included a bar code. It was done for the process of easy banking process. Nowadays most of the customers are using mobile phones for banking more easier. The alleged manipulation that the amount was credited to the account of the aforementioned Geetha, and due the illiteracy of complainant he was unable to understand that alleged manipulation is strongly denied.
From the averments in the complaint it is very clear that the alleged amount is credited by the officials of Kainkary Grama Panchayath and nothing is done by this opposite party. It is the duty of the officials of Kainkary Grama Panchayath who ought to have verified the name and address of the beneficiaries before crediting the amount. Due to the negligence of the authorities of Kainkary Grama Panchayath the amount wrongly credited to a wrong account number.
The opposite party bank had only affixed a sticker which included a bar code. The bank had not caused any default as alleged by complainant. Any person who is acquainted with simple basic knowledge can cross check the pass book and find out if there is any difference in the details entered in the same. The opposite party has not made any mistake in entering the account number in the pass book. It is further submitted, from the averments itself it is very clear that the actual default was committed by the officers at Kainakary Panchayath office. The officer at Kainakary Panchayath office mistakenly enters the account number of aforementioned Geetha instead of the complainant.
The opposite party bank cannot held liable to the loss/damages caused to the complainant. The opposite party is only a service provider and the activities relating to the sanctioning, disbursement and crediting of the aforementioned amount is done by the government officials mainly through the panchayath officials accordingly, the said panchayath is not a party in the complaint.
This opposite party is arrayed as party only on an experimental basis. This opposite party has not promised to the complainant to find out the account holder to whom the amount was wrongly credited and return the amount. The allegation made by the complainant that the Kainakary Panchayath secretary has contacted the manager of the opposite party bank on 20.04.2020 and requested to return the amount from Geetha is not correct and denied and the same has to be proved by complainant himself. The opposite party bank cannot request to its customer to return the money which was credited to her account due to the mistake to the Panchayath officials and hence the contrary averments are denied by the opposite party. The opposite parties had never given any kind of deficient service to the complainant.
The opposite party has not committed any unfair trade practice or no deficiency of services has happened from their side in this matter. The complainant is trying for unlawful enrichment, by suppressing the material facts mentioned above. The complaint is a frivolous and vexatious one and liable to be dismissed with compensatory costs to this opposite party under Section 26 of the Consumer Protection Act 1986
On the above pleadings following points were raised for consideration
1. Whether there is deficiency of service on the part of the opposite party ?
2. Whether the opposite party bank is liable to refund an amount of Rs.1,28,000/- with interest @ 12% per annum to the account of the complainant ?
3. Whether the complainant is entitled to realize an amount of Rs.1 Lakh from the opposite party bank as compensation for mental agony ?
4. Reliefs and cost?
Evidence in this case consists of oral evidence of PW1 to PW3 and Ext. A1 to A5 and Ext. X1 from the side of complainant and oral evidence of RW1 and Ext.B1 and B2 from the side of the opposite party. Opposite party’s counsel filed notes of argument. Heard the counsels appearing for both sides.
PW1 is the complainant in this case. He filed an affidavit in tune with the complaint and got marked Ext. A1 to A4.
PW2 is the Secretary, Kainakary Panchayath officiated at the time of the disputed transaction in the complaint.
PW3 is the present secretary of Kainakary Grama Panchayath and Ext.X1 marked through PW3.
RW1 is the Manager of opposite party bank. He filed an affidavit in tune with the version and got marked Ext B1 and B2.
Complainant who earns his livelihood by agriculture and fishing having SB account No.0701101062443 with the opposite party bank, ie Canara Bank, Boat Jetty Road, Alappuzha. While so his passbook in connection with the said account was fully made entries on April 2018 and opposite party bank issued a new passbook during May 2018. There was sanctioned monetary benefit to the complainant in 2 schemes of Government to the flood affected residence viz, Rebuild Kerala plan and Fishermen savings Aswas Scheme Rs.1,25,000/- and 4500/- respectively. As per the norms of these schemes the complainant would have submitted the account number to credit the said amount. Accordingly the complainant had submitted the copy of front page of the new passbook issued by the opposite party to both offices concerned, ie, Kainakary grama Panchayath and Matsyafed.
Meanwhile complainant’s daughter was admitted AIIMS, Hospital, Delhi and he had to accompany her in hospital for a long period. At this time complainant could not enquire the disbursement of the financial assistance from Govt. as stated earlier. It was known to him only after enquired to Kainakary Panchayath that the fund was not credited to his account from opposite party bank. There after the complainant reached opposite party bank, peon of the bank inspected two passbooks old and new one and 1st page of the new passbook pasted to its cover page and then the details of account and name and address of the complainant had entered in the reverse side of 1st page and next page of the passbook. Subsequently the complainant reached Kainakary Panchyath and submitted the passbook for verifying the allotment of fund in complainant’s account. At that time it was noticed by the Secretary, Kainakary Panchayath that the 1st page of the pass book attached to the cover page of the pass book. Normally it was not to be happened and then they had ditached the said page from cover page and realized that on cover page and 1st page of the said passbook entries of one Smt.Geetha W/O Reghu Purethechira, Nehru Trophy ward, Avalookkunnu P.O, Alappuzha and the account number is 0701108061442. Further it was alleged the complainant that he had little knowledge of English to knowing the entries made in the passbook. In this circumstance it is to be noted that on perusal of Ext.A2, new passbook issued to the complainant from opposite party bank shows the 1st page of the said passbook was detached from cover page. Even though the entries are not legible in the said page the address of the above mentioned Geetha was seen on the page and those two pages crossed with ink as cancelled, The next page i.e, reverse side of the 1st page, space for entering particulars of transaction it was seen name and address and account details of the complainant. In this circumstance we cannot closed our eyes towards it as contended by the opposite party bank counsel nothing happened manipulating the entries in the passbook. More over the counsel appearing for complainant vehemently argued that for providing financial assistance from government it is not necessary the personal account of the applicant. On the said circumstance the officials of the Panchayath might be noted the account number shown in Ext.A2 submitted earlier i.e. before pasting on the cover page.
In the above circumstance it is pertinent to note that in Ext X1, Rebuild Appeal list prepared by Kainakary Grama Panchayath and send to Tahsildar, Kuttanad the complainant’s Account Number shown as 0701108061442. Ext.A5 reveals that the amount allowed to the complainant in Rebuild Scheme was credited in the above said account number shown in the copy of passbook submitted by the complainant with the application.
In Ext.B1, statement of account of 0701108061442 on 03.07.2019 a total amount of Rs.1,25,000/- was credited. On 02.08.2019 an amount of Rs.1,500/- was also credited from Matsyagramam.
Accordingly it was the only reason of wrong entry of the amount entitled to the complainant to another account was the negligent act of the officials of the opposite party bank thereby we found there is deficiency in service from the part of opposite party bank. Considering the facts and circumstance no order as to compensation.
Point No.
In the result complaint stand allowed in part in the following terms
A. Opposite party is directed to refund an amount of Rs.1,28,000/- with interest @ 12% per annum from 05.07.2019 till realization.
B. Complainant is also entitled Rs.2,000/- as cost of the proceedings from the opposite party.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 08th day of December, 2022
Sd/-Smt. P.R.Sholy (Member)
Sd/-Sri.S.Santhosh Kumar (President)
Appendix:-
Evidence of the complainant:-
PW1 - Varghese V.S (Witness)
PW2 - P.V Vinod (Witness)
PW3 - T.F Sebastian (Witness)
Ext.A1 - Pass book of canara bank
Ext.A2 - Pass book
Ext.A3 - Credit card
Ext.A4 - Certificate dtd.01.11.2019
Ext.A5 - Copy of letter dtd.20.04.2020
Ext.X1 - Copy of rebuild appeal list
Evidence of the opposite parties:-
RW1 - Sri.Prasoon P.S (Witness)
Ext.B1 - Copy of statement of account
Ext.B2 - Copy of statement of account
// True Copy //
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Compared by:-
