State Consumer Disputes Redressal Commission
Punjab National Bank vs Rupa Mahajan Pahwa on 16 October, 2008
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b) of the Consumer Protection Act, 1986 ) Date of Decision: 16-10-2008 Appeal No. FA-2008/659 (Arising from the order dated 04-06-2008 passed by the District Forum-VII, L.S.C., Sheikh Sarai-II, New Delhi in complaint case NO. DF-VII/808/07) Punjab National Bank, -Appellant Head Office at Through 7, Bhikaji Cama Place, Mr. Uttam Chand Mittal New Delhi. Advocate. Branch office at Nelson Mendela Road, Vasant Kunj, New Delhi. Versus Rupa Mahajan Pahwa, -Respondent W/o Mr. Ajay Pahwa, In person R/o 8146, Sector B, Pocket XI, Nelson Mendela Road, Vasant Kunj, New Delhi-110070 CORAM: Mr. Justice J.D.Kapoor President Ms. Rumnita Mittal Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
JUSTICE J.D. KAPOOR, PRESIDENT (ORAL) Respondent has appeared in person and has argued the matter and as such the appeal is being decided on merit.
2. On account of having issued a duplicate pass book of a joint saving bank account of husband and wife being maintained with operational instructions either or survivor to an unauthorized person without causing any financial loss to the respondent, the District Forum has vide impugned order dated 4th June 2008 found the appellant-Bank guilty of deficiency in service and directed it to pay Rs. 1 lac as compensation for mental agony and harassment and Rs. 20,000/- as compensation for deficiency in service and Rs. 5,000/- as cost of litigation.
3. Feeling aggrieved, the appellant has preferred this appeal.
4. However, the allegations of the respondent leading to the impugned order, in brief, are that she had opened joint account because her passport was in her maiden name and after marriage a joint account with her husband at the address of husbands parents was opened with the appellant-Bank.
Further that after withdrawal of amount from her account she had requested the Bank 2-3 times to get her passbook updated but each time she was told that there was no transaction even though she had withdrawn the money from the aforesaid account. She further submitted that her husband had deserted her and her minor daughter. While living in London he had filed a divorce case in the local courts and the respondent had applied for the maintenance and financial support. She was shocked to find the details of her account in the matrimonial court. Thereafter she visited the appellant-Bank and insisted for getting her passbook updated and found that on 06-07-2007 Bank had issued a duplicate pass book of her said account to someone without her authority. Her husband who is living in London could not have gone to the Bank for issuance of duplicate passbook. She confronted the Bank Manager on 06-09-2007 and demanded to show the basis on which the duplicate pass book was issued. The Manager Mr. M.L. Kalra enquired about the same from his staff and relevant files were looked into in front of the respondent but the bank failed to find any authority letter or even a received signature for collecting the duplicate pass book. Mr. Kalra, Manager assured her that he would look into the matter and revert back to the respondent but the respondent has not received any answer. She sent a complaint of the matter to PNB Head Office but has not received any reply.
She further contended that the appellant-Bank is guilty of breach of code of conduct of bank service as the secrecy and privacy of the customers account has been breached. Issuing of duplicate pass book to a third person has affected the amount of maintenance and alimony to her and her daughter. She made a prayer seeking direction to appellant-Bank to pay Rs. 5,000/- as miscellaneous expenditure incurred by her and Rs. 7 lacs as compensation for the loss of amount as the amount of maintenance and alimony has been affected and Rs. 2 lacs towards mental tension and sufferings and compensation towards cost of litigation.
5. In reply the appellant-Bank submitted that the saving bank account No. 41140001001787 is in the joint name of the respondent and her husband and is being maintained with operational instructions Either or Survivor according to which any one of the joint account holders can operate the account including getting duplicate pass book issued. Further that the Bank had issued the duplicate pass book on the specific instructions received from Mr. Ajay Pahwa, joint account holder of the account vide letter dated 30-06-2007. There is no breach of code of conduct of bank services and the bank had taken all reasonable and necessary precautions and no negligence can be attributed to the appellant. Appellant had reiterated that duplicate pass book was issued at the specific instructions of the account holder; hence, bank is not guilty of any lapse.
6. We have perused the impugned order closely and find that the District Forum has returned the finding of fact that the appellant-Bank had failed to show that the duplicate pass book was issued at the request of one of the joint account holders and on 11-03-2008 Forum had directed the bank to produce the record of entry that the letter dated 30-06-2007 was received by the bank and the action taken for issuing of duplicate pass book.
On the next date of hearing i.e. 10-04-2008 the bank Manager Sh. M.L. Kalra accompanied with counsel failed to produce any record of entry made by the bank. The District Forum also observed that the appellant-Bank failed to show the record as to when the letter in question was received in the Bank on the basis of which the duplicate pass book was issued or any record of action.
During the course of arguments, respondent had addressed to the Bank Manager that she had questioned the authority on which the duplicate pass book had been issued the Bank Manager failed to give any reply.
On the other hand, respondent had filed an affidavit on 24-12-2007 deposing that senior Manager and Manager Mr. M.L. Kalra of PNB, Vasant Kunj had enquired about the lapse on the part of their staff and relevant files were looked up in front of her on 06-09-2007 and they had admitted to her that there was no letter of authority or any document for issuing of duplicate pass book of the saving bank account No. 4114000100178760 and they said they are sorry for the lapse that had happened by the bank. Bank has admitted having issued duplicate pass book and has also charged Rs. 100/- from the account of the respondent. Bank has further pleaded that it has not been negligent and has asserted having taken utmost care in issuing the duplicate pass book to an authorized person only. It goes without saying that banker has a relationship of trust with the customers and has a duty to maintain privacy of the account. The appellant-Bank has issued the passbook to help a third party in its designs to harm the interests of the appellant.
7. It appears that information particularly from the pass book issued to unauthorized person is being used by the husband of the respondent in the divorce and maintenance proceedings. Respondent who is present in person states that the appellant-bank is furnishing secret information regarding her FDRs etc. which are being used against her by her husband. There is no dispute that there has not been any withdrawal from the account of the respondent by the said unauthorized person to whom the pass book was issued and therefore no financial loss has occurred to the respondent.
8. For the limited deficiency on the part of the appellant-Bank in issuing pass book and passing some other information which was not to be disclosed to some other person, we deem that lump sum compensation of Rs. 50,000/- which shall include cost of litigation shall meet the ends of justice.
9. Further we direct the General Manager of the appellant-Bank to conduct inquiry into the conduct of the officials who are supplying information with regard to the FDR and other details of the respondent who is locked in divorce and maintenance proceedings. Respondent shall approach the General Manager of the Bank in this Regard independently.
10. Order shall be complied with, within one month from the date of receipt of this order.
11. This order be given dasti to the respondent.
12. Appeal is partly allowed and disposed of in aforesaid terms.
13. A copy of the order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
14. Announced on 16th October, 2008.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member jj