DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ==== Consumer Complaint No | : | 236 of 2011 | Date of Institution | : | 02.05.2011 | Date of Decision | : | 05.09.2011 |
S.Sarup Singh aged about 76 years s/o S.Balwant Singh, R/o Village Kansal, P.O. Nayagaon, District SAS Nagar, Mohali. …..Complainant V E R S U S 1] The Punjab National Bank, Sector 16, Chandigarh, through its Branch Manager. 2] The Punjab National Bank, Head Office, Parliament Street, New Delhi through its Chairman cum Managing Director. ……Opposite Parties CORAM: SH.P.D.GOEL PRESIDENT SH.RAJINDER SINGH GILL MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by Sh.B.L.Sharma, Counsel for Complainant. Sh.Ajay Kumar Sapehia, Counsel for OPs. --- PER P.D. GOEL, PRESIDENT Briefly stated, the complainant is having a Saving Bank Account No.1348 with OP No.1. He had opened the account way back in the year 1971 and as on 16.5.1991, there was a balance of Rs.42,051.27 in his account. The complainant could not operate his saving bank account for a number of years because of some unavoidable family circumstances as he had to go to his native village to look after his old father and agriculture work. It is alleged that on 15.12.2010 when the complainant had been searching his old documents in the house, he came across the old passbook of the said account. Thereafter, the complainant sent letter to the bank on 20.12.2010 requesting that being a senior citizen and due to his ill health, he is unable to visit the branch again and again and prayed for release of the money. It is further alleged that the complainant has been sending reminders to the OPs from time to time and another letter was also sent on 14.2.2011, but the OPs neither replied those letters nor made the payment. Hence this complaint. 2. The OPs in their reply stated that all the entry in the passbook after declaration of inoperative account are suspicious/doubtful. The entry dated 16.5.1991 and thereafter other entries are neither made by the bank nor same can be considered to be of the bank, as account in question presumed to be closed. The said account was declared inoperative in the year 1973 and at that time there was balance of Rs.51.33P. That subsequent entry shows the balance of Rs.11.94P. The minimum balance to be maintained was Rs.100/- in the year 1972, so this entry does not show any link with previous entry. False entry made in the passbook does not make the complainant entitled for the amount claimed. It is pleaded that since it is a very old account and same was declared inoperative in 1973, hence OP bank was not supposed to maintain record of inoperative account for more than 8 years. Denying all other allegations made in the complaint, the OPs prayed for dismissal of the complaint. 3. Parties led evidence in support of their contentions. 4. We have heard the learned counsel for the parties and have also perused the record. 5. The case of the complainant is that he is having a Saving Bank Account No.1348 with OP No.1 which was opened in the year 1971 and as on 16.5.1991, there was a balance of Rs.42,051.27. The complainant could not operate his saving bank account for a number of years due to some unavoidable family circumstances. It is the case of the complainant that on 15.12.2010, he came across with the old passbook, while searching the old documents and thereafter, he made a request to OP for release of Rs.42051.27P but of no consequence. The Bank has raised the plea that the account of the complainant became inoperative in the year 1973 and at that time there was balance of Rs.51.33 P only and the subsequent entry shows the balance of Rs.11.94, so the alleged entry did not establish any link with the previous entries. Therefore, the dispute entry of Rs.42051.27P is false and fake one. 6. The original passbook has been placed on record by the complainant and its perusal makes it clear that in the year 1972 there was a balance of Rs.51.33 P and subsequent entry made in the year 1979 reflects the balance of Rs.11.94P and thereafter there is entry dated 16.05.1991 of Rs.42051.27. The said entry of Rs.42051.27 is not initialed by any of the employees of the bank. Therefore, it can legitimately be concluded that the said entry is not a genuine entry. It has been held by the Hon'ble National Commission that the Bank Passbook is not a reliable piece of evidence to establish the fact of short deposit. Reliance placed on Corporation Bank and another Vs. M/s Filmalaya Pvt. Ltd. Decided on 08.01.1992 by the Hon'ble National Commission in the F.A. No.87 of 1991. 7. The duty is fastened upon the complainant to establish conclusively on the basis of the depositor’s pay-in-slip/counter foil that the amount of Rs.42051.27 has been deposited by him in the bank. It is a fact that disputed entry dated 16.05.1991 of Rs.42051.27 is neither to be proved in the hand writing of the employees of the OP nor it is initialed. Therefore, the only possible conclusion which can be drawn in this case is that the said entry has got no legal sanctity and appears to be false and fake entry. Moreover, the complainant has also failed to establish with the help of reliable evidence that the disputed entry dated 16.05.1991 is a genuine entry as neither the depositor’s pay-in-slip or counter foil has been produced to prove that the amount of Rs.42051.27 P has been deposited by him. 8. The matter does not rest here. It is the plea of the OP that the account in question became inoperative since the year 1972. The OPs have placed on record the schedule-H-Records and vide Sr.No.38, it has been stated that the inoperative account ledger is to be preserved for 8 years. As per the entry contained in the passbook referred to above, the account became inoperative from 1972, therefore, the bank was required to preserve the record till 1980. In view of this, the bank cannot be asked to produce the original record pertaining to the said passbook. 9. As a result of the above discussion, it is held that the present complaint is devoid of any merit and the same is hereby dismissed with no order as to costs. Certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 05.09.2011 | [Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | Cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
