S.C.VYAS,PRESIDENT - (1.) THIS order will govern disposal of Appeal No. 255/08 which has been preferred by the complainant Banwarilal Patel and Appeal No. 239/08, which has been preferred by the O.P. Kshetriya Gramin Bank (hereinafter called the "Bank" for short) against the same order passed in Complaint Case No. 108/07 dated 13.3.2008 by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called "District Forum" for short). Arguments of both parties have been heard together in these appeals and they are being decided by this common order.
(2.) BEFORE District Forum Banwarilal Patel filed complaint against President, Kshetriya Gramin Bank, Raigarh and its Branch Manager of Branch Chhal with a grievance that the Bank was not permitting him to withdraw amount from his Saving Bank Account, which was salary account also. This complaint has been decided ultimately by impugned order by holding that Bank was at fault and has committed deficiency in service in not permitting the complainant to withdraw the amount from his Bank Account. Compensatory cost of Rs. 5,000 along with interest @ 9% p.a. was awarded. This order of payment of compensation has been challenged by both parties, complainant has a grievance that amount of compensation is meagre one and needs to be enhanced, whereas the grievance of the Bank is that in the facts of the case no compensation was required to be awarded.
(3.) BRIEF facts of the case are that the complainant Banwarilal Patel was working as teacher in Navapara Middle School and was having his Saving Bank Account in the OP Bank, in which his salary was also being deposited. It has been averred in the complaint that in the month of March, 2006 father of complainant died. Prior to death, he was seriously ill and was suffering from heart attack and money was required for his treatment, but the Bank was not permitting him to withdraw sufficient amount from the Bank account for that purpose. When in the month of March, 2006, father of complainant Motilal Patel died, then for next more than a year Bank stopped paying any amount to the complainant. It has been specifically stated in the complaint that many letters were written by the complainant to the Branch Manager, making requests for permitting withdrawal from the Bank Account, but every time such letters were endorsed that "the loan amount of father has become over due" and withdrawal was not permitted. It has also been contended in the complaint that the complainant is a teacher and he has been deprived from withdrawing his salary, which caused great troubles in his family affairs. The Bank in turn in the written version has submitted that in the month of March, 2006 only Rs. 541 was the balance in the account of the complainant, the complainant was never prevented from withdrawing any amount from the Bank Account. It has been specifically stated that loan of more than Rs. 5,00,000 was due against his father, who died in the month of March, 2006 and the complainant along with other persons, was the legal representatives of Motilal Patel, so the Bank was having a right to claim lien over his property.;