DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 706/2017
D.No. ______________________ Dated: ________________
IN THE MATTER OF:
OM PARKASH JAIN S/o SH. N.C. JAIN,
R/o PP-25, 1st FLOOR, PITAM PURA,
DELHI-110034.… COMPLAINANT
Versus
UNION BANK OF INDIA,
(CHEQUE TRUNCATION SYSTEM SERVICE BRANCH),
UNION BANK OF INDIA MAURYA ENCLAVE,
PITAM PURA, DELHI-110034.… OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 29.08.2017
Date of decision:04.01.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the complaint under the Consumer Protection Act, 1986 on the allegations that thecomplainant is a Super Senior Citizen aged about 85 years and suffering from certain ailments and under treatment from a specialist in a Govt. hospital vide OPD ticket and have been experiencing unbearable strain and difficulty in visiting Ashok Vihar, Delhi head post office for receiving payment from the saving account no. 1677239304 and to overcome
CC No. 706/2017 Page 1 of 5
this difficulty the complainant opted to issue cheque no. 123937 dated 31.12.2016 for Rs.24,000/- from the complainant’s account at Ashok Vihar head post office and deposited same with OP for getting the amount credited into the saving account no. 542902010003576 with OP bank so the complainant could withdraw money from this bank conveniently being located at just 200 yards away from his residence. The complainant further alleged that on his visit to the bank on 02.01.2017 for withdrawing money the complainant was told that the cheque had been rejected and would be returned as and when received back from the processing centre and the complainant was returned the cheque on 07.01.2017 with the cheque return memo issued by OP cheque truncation system service branch Delhi which revealed that the complainant cheque was wrongly sent to Bank of India, Govind Puri Extn., New Delhi even with the wrong number of the cheque instead of sending same to Ashok Vihar head post office and the former returned same with reason “wrongly delivered/not drawn on us”. Therefore, being in dire need of money, the complainant was forced to visit Ashok Viharpost office to withdraw money and having been aggrieved and subjecting to harassment and mental agony the complainant complained to banking Ombudsman on 06.02.2017 but despite reminder no reply had been received from him despite period of more than 2 months had since elapsed and under this more agony the complainant
CC No. 706/2017 Page 2 of 5
complained to Hon’ble Prime Minister and Governor RBI vide letter dated 15.04.2017 and thereafter Ombudsman started the processing of the complaint vide letter dated 05.05.2017. The complainant further alleged that the Ombudsman’s thereafter vide letter dated 23.06.2017 closed the case with the ruling that “there appears no deficiency in service on the part of the bank” while the bank vide its letter dated 25.05.2017 issued earlier admitted deficiency in service and had apologized for the same but expressed inability to compensate and more surprisingly Ombudsman vide letter dated 21.08.2017 has contradicted own ruling dated 23.06.2017 by admitting that there was deficiency in service on the part of the bank and advised the bank to reimburse the complainant only conveyance charges and did not touch the issue of awarding of compensation for the painful harassment and mental agony.
2. On these allegations the complainant has filed the present complaint praying for direction to OP to pay compensation of Rs.1,00,000/- for causing mental agony and harassment and has also sought cost of litigation.
3. Notice was issued to OP through speed post for appearance on 04.12.2017 and the notice was delivered on OP on 11.09.2017 as per track reportbut none for OP appeared on 04.12.2017 and as such OP has been proceeded ex-parte vide order dated 04.12.2017.
4. In order to prove his case the complainant filed his affidavit in
CC No. 706/2017 Page 3 of 5
evidence and also filed written arguments. The complainant has placed on record copy of OPD card dated 22.04.2016 issued by Dr. Baba Saheb Ambedkar Hospital, Rohini, New Delhi, copy of cheque bearing no. 123937 dated 31.12.2016 for a sum of Rs.24,000/-, copy of cheque return memo issued by Union Bank of India, copy of complaint dated 15.04.2017 written by the complainant to Hon’ble Prime Minister, copies of lettersboth dated 14.03.2017 of the Banking Ombudsman thereby closing complaint, copy of letter dated 25.05.2017 sent by OP to the complainant thereby admitting the fault on its part and apologizing, copy of order dated 14.03.2017 of Banking Ombudsman thereby admitting deficiency in service on the part of OP an directing the bank to pay Rs.300/- to the complainant towards the charges spent by the complainant on conveyance and the bank crediting the amount of Rs.300/- in the complainant’s account.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Furthermore, the Banking Ombudsman vide order has clearly admitted deficiency in service on the part of OP. As none on behalf of OP has appeared and has filed written statement/reply, it seems that OP has no defence at all in its favour and it is held
CC No. 706/2017 Page 4 of 5
that OP has wrongly sent the cheque dated 31.12.2016 of Rs.24,000/- to some other place for collection, as a result of which amount could not be credited in the account of the complainant and the subsequent cheque of the complainant was dishonoured. Accordingly, OPis held guilty of deficiency in service.
6. We, accordingly, direct OP as under:
i) To pay to the complainant an amount of Rs.4,000/- towards compensation for causing mental agony and harassment which includes litigation cost.
7. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OPfails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 4thday of January, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
CC No. 706/2017 Page 5 of 5
