ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 26.07.2023 Date of Reserve : 10.01.2025 Date of Decision : 21.01.2025 State Bank of India, GNDTP Branch, Thermal Colony, Bathinda, through its Branch Manager/Deputy Branch Manager Ms. Vandana Chhabra posted as Deputy Branch Manager, Branch Code-50169, Punjab-151001.

….Appellant/Opposite party No.1 Versus

1. Suresh Kumar aged about 53 years S/o Sh.Tarsem Raj resident of #30120, Street No.1, Gurukul Road, Paras Ram Nagar, Bathinda, Tehsil Distt. Bathinda.

….Respondent/complainant

2. Canara Bank village Nawadih District Bokaro Jharkhand through its Branch Manager.

3. Mrs. Shibani Mukherjee w/o Mr. Nil Rattan Mukhrjee resident of Plot No.720, near Middle School, Chira Chas, Post Chas Distt. Bokaro Jharkhand 827013.

….Respondents/Opposite parties No.2 & 3 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 15.06.2023 of the District Consumer Disputes Redressal Commission, Bathinda.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh.Chandeep Singh, Advocate For respondent No.1 : Sh.Ashish Grover, Advocate For respondents No.2&3: Ex-parte HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/opposite party No.1–State Bank of India against the order dated 15.06.2023 passed by District Consumer Disputes Redressal Commission, Bathinda (in short ‘District Commission’), whereby the complaint filed by the complainant under Section 12 the Consumer Protection Act (in short ‘the Act’) was partly allowed and opposite party No.1 was directed to refund the amount of Rs.1,40,000/- to the complainant along with interest @9% per annum from the date of filing of complaint till realization.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the case are that the complainant is maintaining a saving Bank Account No.55016613274 with opposite party No.1. The complainant wanted to make payment of Rs.1,40,000/- to Sh.Veer Bhan Garg through NEFT to his account No.4056101000367 being maintained by Canara Bank, Civil Lines, Branch Bathinda. On 26.04.2017, the complainant approached opposite party No.1 with one cheque of Rs.1,40,000/- with the intention to transfer the said amount in the account of the beneficiary-Sh.Veer Bhan and immediately a SMS was received by the complainant on his registered mobile number confirming the transfer of the said amount but the amount was not received by the beneficiary. On enquiry, the complainant came to know that the said amount was transferred in account No.4656101000367 of Smt. Shibani Mukherji, without verifying the IFSC code despite of the fact that the detail was correctly filled in the form. It is further averred that on mismatch of IFSC Code, the name of beneficiary with account No.4656101000367 the transaction must have become failed and the Bank should have informed the complainant. Thereafter, the complainant lodged a complaint bearing No.6759 to revert his amount in his account but the opposite parties ordered to consign the complainant being mistake of customer. This act and conduct of the opposite parties amount to deficiency in service and then the complainant was compelled to approach the District Commission with the prayer to give directions to the Bank to refund the amount along with compensation and litigation expenses.

3. Upon notice, opposite party No.1 appeared through their counsel and filed their reply taking legal objections that the complainant approached opposite party No.1 on 26.04.2017 with duly filled RTGS/NEFT application form and a cheque No.128575 dated 26.04.2017 to transfer the amount of Rs.1,39,985/- in account No.4656101000367 and accordingly the amount was transferred in the said account. The complainant himself written a letter on 29.04.2