STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 24.08.2020 Date of Final Hearing: 19.08.2025 Date of Pronouncement: 02.09.2025 SC/5/A/368/2019 Punjab National Bank A Body Corporate and Constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Head Office at 7, Bhikaji Cama Place New Delhi – 110066 and amongst others A Branch at Race Course, District Dehradun through one of its Senior Manager Sh. Rajesh Juyal S/o late B.M. Juyal (Through: Sh. R.S. Bajwa, Advocate)

…… Appellant Versus Sh. Ranjeet Singh, Proprietor Super Sales Corporation

29A, Opposite UCO Bank, Race Course Dehradun (Uttarakhand)

(Through: Ms. Vandana, Advocate, holding brief of Sh. Jatin Duggal, Advocate)

…… Respondent Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against the impugned judgment and order dated 05.09.2019 passed by learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 101 of 2016, styled as Sh. Ranjeet Singh, Proprietor Super Sales Corporation Vs. Manager, Punjab National Bank, wherein and whereby the consumer complaint was allowed and the appellant / opposite party (bank) was directed to refund an amount of Rs. 3,12,000/- to the respondent / complainant, besides to pay Rs. 20,000/- towards mental agony and Rs. 3,000/- towards litigation expenses, within a period of 30 days’ from the date of impugned judgment and order, failing which the respondent / complainant was also held entitled to interest @9% p.a. on the aforesaid amount from the date of filing of the consumer complaint till payment. 2. The facts giving rise to the present appeal, in brief, are, as such that the respondent / complainant was operating account No. 1843002100028137 with Punjab National Bank, Race Course, Dehradun. On 15.07.2015, the complainant made a request with the bank for issuance on cheque book and the same was issued on 21.07.2015, but the same was never received by the complainant, which is evident from the tracking report, which shows bag received, but the same does not show item received. On dated 12.08.2015, an amount of Rs. 3,12,000/- was debited from the above account and the said amount was credited to the account of one Harish Enterprises, Gurugram, Haryana. According to the bank, the account in which the amount was transferred, was a fake account, which shows irresponsible act of the bank in opening an amount without even completing the KYC norms and other related norms as regards to the introducer etc. The complainant moved an application before Banking Ombudsman on 24.08.2015 for resolving the matter, but the same was turned down vide letter dated 26.11.2015, stating that since F.I.R. has been lodged by the bank, hence no action can be taken at this stage. The complainant was directed to seek shelter of the court for resolution of the complaint. Thereafter, the complainant moved an application under The Right to Information Act, 2005 on 21.03.2016, thereby demanding copy of the F.I.R., but the reply dated 31.03.2016 received by the bank was shocking, stating the F.I.R. was never lodged by the bank. Thus, the bank has not only robbed the hard-earned money of the complainant, but even gone one step ahead by providing false information regarding lodging of F.I.R. against the account holder, whose account was opened at Gurugram, Haryana without verifying the KVC and introducer etc. Therefore, alleging deficiency in service on the part of the bank, the consumer complaint was filed before the District Commission.

3. The appellant / opposite party (bank) filed written statement before the District Commission and pleaded that Manager, Punjab National Bank is not a juristic person, therefore, he can not be sued. It was also stated that a current account was opened in the