IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 03.08.2018 Date of Hearing: 22.07.2024 Date of Decision: 17.09.2024 FIRST APPEAL NO.-353/2018 IN THE MATTER OF PUNJAB NATIONAL BANK HAVING ITS REGD. OFFICE AT:

PLOT NO. 4, SECTOR- 10, DWARKA, DELHI-110075 INTERALIA BRANCH: G.T ROAD SAHADRA, DELHI-110032 THROUGH ITS SR. MANAGER.

(Through: Ms. Marina Kr. Saikia, Advocate)

…Appellant VERSUS MUKESH KR. JAIN S/O LATE SH. S.P. JAIN B-248, YOJNA VIHAR, DELHI-110092.

(Through: Mr. Sachin Jain, Advocate)

…Respondent CORAM HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: None.

PER:HON’BLE JUSTICE SANGITA DHINGRA SEHGAL,PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“The case of the complainant is that he had savings account with the OP bank and he has been regularly transacting and maintain his passbook. But, as per the complainant on 13.06.2015 the balance in the said account was Rs. 1,34,557.02 Paise. The complainant had withdrawn Rs. 10,000/- on 22.06.2015 and the balance was reduced to 1,24,557.02 Paise. Thereafter on 03.07.2015 40,000/- was deducted from the account and another 40,000/- deducted on the same day and thereby the balance was shown as 44,557.02 Paise as on 03.07.2015. As per the complainant the last transaction made by him in the account was withdrawal through ATM of sum of Rs. 10,000/- on 04.07.2015 thereby leaving the balance to the tune of Rs. 34,557.02 Paise. However, when the complainant again got the entry of the amount in his passbook from the OP the total balance was shown as Rs. 24,557.02 Paise on 03.07.2015 and again balance amount of Rs. 14,557.02 Paise on 04.07.2015 in the passbook whereas no withdrawals of the 20,000/- were made by the complainant nor any cheque or DD was issued by the complainant and even the passbook entry does not specify as to which date month or year and by whom the withdrawal of Rs. 20,000/- was made between 3rd and 4th July 2015 whereas as per the last transaction made by the complainant on 4th July 2015, the balance in his account was Rs. 34,557.02 Paise. The complainant because of the wrongful deduction of Rs. 20,000/- made several visits to the OP bank and made query about the said deduction however no satisfactory reply or reason was given by the OP officials to the complainant. The complainant moved an application by way of complaint on 07.07.2015 to the Manager of OP Bank expressing his grievance of wrongful deduction of Rs. 20,000/- and refusal by OP bank to clear his Rs. 33,000/- value cheque presented for encashment failing which the complainant would be constrained to take legal recourse. In response of the legal notice OP vide letter dated 29.04.2016 sent copy of the passbook of the relevant dates of deposit /withdrawal in which the complainant found that the OP had intentionally shown the balance amount of Rs. 74026.23 Paise as on 16.01.2015 and thereafter the deduction and deposit was shown day to day whereas earlier when the complainant had got the entry in the passbook from the OP, on 16.01.2015 the balance amount in the account of the complainant was shown as Rs. 1,30,170.23 Paise and as such the OP has intentionally or malafidly shown the wrong balance in the account of the complainant’.

2. The District Commission after taking into consideration the material available on record passed the order dated 10.04.2018, whereby it held as under:

“……..We therefore find merit in the case of the complainant on the basis of the documents placed on record which have gone unrebutted / undisputed and inexplicable discrepancies in the entries in the passbook of the complainant made by the OP for which the OP had no defence much less any explanation. We therefore allow the present complaint and direct the OP to pay a sum of Rs. 20,000/- alongwith interest @ 9% p.a. from the institution of complaint till realization. We also award a sum of Rs. 10,000/- to the complainant