Judgment:
Per Shri P.N. Kashalkar, Honble Presiding Judicial Member
Being aggrieved by the judgment and award passed by Addl. District Consumer Forum Thane in consumer complaint No.121/2007 decided on 15/03/2008, whereby by allowing complaint, Forum below was pleased to direct org. O.Ps./Canara Bank to pay to the complainant a sum of Rs.1,000/- as compensation for mental agony and Rs.1,000/- as cost and directed to pay interest @12% p.a. on Rs.2,000/- in case same is not paid within 45 days from the date of order, org. complainant himself has filed this appeal for enhancement of compensation.
The facts to the extent material may be stated as under:-
According to the complainant, he was having Saving Bank Account No.2379 in the Canara Bank. On 07/12/2005 he received a letter from Canara Bank that he had taken loan on Fixed Deport Receipt No.2851 and this Fixed Deposit Receipt was getting matured on 22/12/2005 and if the loan is not paid, amount payable shall be debited towards loan account. According to the complainant, this letter was absolutely false and he had not taken any loan on the Fixed Deposit. Fixed Deposit Receipt was not having any entry about the loan taken and for 29 months, O.P. Bank had not given any idea that the Fixed Deposit was having loan as alleged. Hence, he sent a letter. On 13/02/2006 Bank sent a reply. But, complainant filed consumer complaint alleging deficiency in service and unfair trade practice on the part of the Bank officials. He also alleged that because of deficiency in service, he was required to suffer huge amount of mental agony and was required to send so many letters to the Bank. Hence, he filed consumer complaint claiming compensation for mental harassment suffered by him. He filed certain documents and affidavit with his complaint.
O.P./Bank filed written statement and pleaded that complainant had kept fixed deposit bearing K.D. No.1409/2001 and on that receipt he had taken loan of Rs.45,000/-. The said loan was repaid by the complainant on 08/08/2003 itself. The Bank pleaded that the Bank had installed ALPM Computer System and changed the system to IBBS. In changing Computer System, O.P. Bank had to face lot of difficulties and because of computer mistake, a letter was sent wrongly to the complainant. On 13/02/2006 Bank had acknowledged its mistake and had expressed regrets. As per new computer system, complainant was given new No.KD 719 in place of KD 1409/2001. On 22/11/2003 the said Fixed Deposit Receipt was further renewed under new No. KD 2851. Again said Fixed Deposit Receipt was further renewed and a new No. KD 6510 was given. According to the Bank though there was mistaken letter sent by it, the complainant did not suffer any loss and therefore, complaint should be dismissed with cost. O.P. also filed documents and affidavits in support of its case.
Upon hearing rival parties and on perusal of the documents on record, Forum below held that sending a letter dated 07/12/2005 to the complainant that his Fixed Deposit was encumbered with loan of Rs.45,000/- was itself a deficiency in service and unfair trade practice and O.P. had already admitted its mistake. According to the Forum below the complainant being a senior citizen was required to run from pillar to post to go to the root of the matter and after thorough inquiry, after a lot of persuasion, the Bank admitted its mistake and therefore, Forum below held that Bank was certainly guilty of deficiency in service and complainant was required to suffer mental agony and pain on account of mistake committed by the Bank officials. Therefore, Forum below allowed the complaint and directed payment of Rs.2,000/- to the complainant towards compensation for mental agony and for cost. Not satisfied with the inadequate compensation granted, complainant filed this appeal for enhancement.
We heard submissions of appellant/complainant Lr.Cdr.(Retd.) Hakim Singh Naurata Singh in person and Smt. Sharda Pinjare, Advocate for respondents/Bank.
We have carefully perused the documents on record and affidavits filed in the Forum below. We are finding that this was a clear-cut case of deficiency in service. Person affected was a senior citizen and he was retired high level Army officer. Complainant was Lieutenant Commandant of Indian Navy. Such a person, who is about 76 years old, should have been treated with proper courtesy and Bank should have taken prompt action in this behalf. Respondent/Bank should have immediately rectified the mistake and should have on its own granted some compensation. Forum below though held that Bank was guilty of deficiency in service and unfair trade practice, granted meager amount of Rs.1,000/- as compensation and Rs.1,000/- as cost. There is substance in the appeal filed by the complainant. The complainant is required to be given right amount of compensation for mental harassment than the granted by the Forum below. So, while allowing this appeal partly, we are inclined to enhance compensation payable by the O.P./Bank from Rs.1,000/- to Rs.5,000/- and Rs.2,000/- as cost in place of Rs.1,000/-. Hence, we pass the following order:-
Order:
1. Appeal is partly allowed.
2. In place of order passed by the Forum below, respondents/Bank shall pay Rs.5,000/- as compensation for mental harassment and Rs.2,000/- as cost of the proceeding to the appellant/org. complainant.
3. Respondents/Bank shall also pay additional cost of Rs.1,000/- to the appellant/org. complainant as cost of this appeal and bear its own cost.
4. Copies of the order be furnished to the parties.