PRADIP BUVEJA vs Senior Manager, Punjab National Bank

THE present appeal has been filed assailing the order dated 3.3.1997 passed by District Forum-III, Janak Puri, New Delhi, in Complaint Case No. 50/1996 entitled Sh. Pradip Buveja and Another v. Senior Manager, Punjab National Bank.

THE relevant facts, leading to the filing of the present appeal, in brief, are that the appellants had filed a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act'') stating therein that the appellant No.1 and his wife appellant No. 2 were holding a joint Savings Fund Account No. 9375 with the respondent Bank and had vide letter dated 14.10.1995 sent instructions to the respondent Bank, for supplying them quarterly statement of account by registered post, at their cost. THE respondent however failed to comply with the said standing instructions and instead sent a letter dated 22.1.1996 for which the respondent debited Rs. 20/- separately from the account of the appellants. THE appellants, therefore, filed a complaint before the District Forum praying for directions to the respondent to comply with the standing instructions issued by the appellants vide letter dated 14.10.1995 and to refund the amount of Rs. 20/- charged for letter dated 22.1.1996 and to pay exemplary damages amounting to Rs. 15,000/- for the harassment caused to the appellants together with cost of litigation. The respondent, in its reply/written version filed before the District Forum, raised the preliminary objection that the respondent had filed another complaint on the same cause of action which was pending before District Forum-II and as such the complaint filed by the appellant was not maintainable. On merits, it was stated that in case of Savings Fund Account, it is specifically mentioned in the pass-book issued to the account holders that they should get their pass-book updated once a month and discrepancy if any be brought to the notice of the staff of the concerned Bank, as such there is no provision for the issuance of statement of account to the Savings Bank Account holders. Furthermore the letter dated 14.10.1995 sent by the appellants cannot be treated as standing instructions because the same merely directs the Bank to send them statement of accounts at a particular interval. Furthermore in banking terms "standing instructions" means the instructions given by the account holder for transfer of money from his account to the account of a third party at regular intervals without any further authorization. Even otherwise, the respondent being a Nationalised Bank cannot conduct the daily business in respect of any account against the Rules governing the conduct of such accounts. As such there being no deficiency in service on the part of the respondent the complaint filed by the appellant, was liable to be dismissed with costs.

The learned District Forum on the basis of material on record held that the appellants had filed a frivolous and vexatious complaint and accordingly dismissed the same with cost of Rs. 100/- payable by each appellant.

AGGRIEVED by the aforesaid order, the appellants have preferred the present appeal before this Commission. We have carefully perused the documents/material placed on record, as well as, have heard the arguments advanced on behalf of both the parties. We have also deliberated upon the written submission filed on behalf of the appellant. The present appeal has been filed by the appellants solely on the ground that the appellants vide letter dated 14.10.1995 had issued standing instruction to the respondent requesting them to send statement of accounts in respect of their Savings Fund Account No. 9375 on 20.10.1995, 20.1.1996, 20.4.1996, 20.6.1996 and 20.10.1996, but the said instructions were not complied with by the respondent. Despite that the learned District Forum vide impugned order erroneously held that the complaint filed by the appellants was devoid of merit and that there was no deficiency in service on the part of the respondent. We are unable to uphold the above contention of the appellants, in view of the affidavit of Shri B.L. Guglani (Senior Manager, Punjab National Bank, Delhi) filed by way of evidence before the District Forum wherein it has been clarified that in case of Savings Fund Account, the account holder is required to get his pass-book completed once a month and no statement of account is issued in respect of Savings Bank Accounts. Furthermore, in terms of the banking rules ''standing instructions'' means instructions given by the account holder for transfer of money from his account to the account of a third party, at regular intervals without any further authorization and as such the request of the appellants being against the rules, pertaining to the Savings Bank Accounts, the same could not be acceded to. During the course of arguments the learned Counsel for the respondent had produced the Rule Book pertaining to the Savings Bank Account for our perusal. The same nowhere provides for sending statement of accounts to the account holder. Even otherwise it was for the appellants to show that they were entitled to the said facility as a matter of right, which has been withheld by the respondent, in order to establish deficiency in service on the part of the respondent. Since the appellant has failed to discharge the said onus, we are unable to grant any relief to the appellants. Thus, the impugned order of the learned District Forum being a well reasoned order is entitled to be upheld.

ACCORDINGLY the present appeal, filed by the appellants, deserves to be dismissed as being devoid of substance. The same is dismissed with no order as to costs. The present appeal, filed by the appellants, stands disposed of in above terms. Appeal disposed of.