Running From Block To Branch

The words deficiency and service are defined as follows in the Consumer Protection Act:

nSection 2(1) (g): Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person under a contract or otherwise in relation to any service;

Section 2(1) (o): Service is that of any description which is available to potential users and includes the provision of facilities for banking, financing, insurance, transport, processing, supply of electrical or other energy, board or loading or both, housing construction, entertainment, amusement or the purveying of news or other information, but excludes any service rendered free of charge or under a contract of personal service.

 

Case: A case of deficient service by a nationalised bank was upheld in appeal by the Karnataka State Commission (KSC), Bangalore, in April 1994 when it held that the non-remittance of a mail transfer by the bank to the account of a person in its other branch was a deficiency in service.

In this case, a person remitted Rs 2,000 for mail transferto his account in the block branch in Bangalore via the Tumkur main branch of the bank on December 5,1992. When the cheque for Rs 1,750 issued by the consumer on December 19 on the block branch bounced, the consumer learnt that the mail transfer had not been received by that branch.

After making several trips to Bangalore and Tumkur and visiting the concerned branches to trace the whereabouts of his money, the consumer came to know that the mail transfer had been sent to the wrong branch before finally being returned to Tumkur on December 13, as they could not find the relevant account in their branch.

On January 5, he went again to the Tumkur branch and was told that the bank would send the mail transfer on the same day to the correct block branch at Rajajinagar in Bangalore. However, the mail transfer was sent only on January 8, 1993. His experience prompted the consumer to seek compensation from the bank stating that the services rendered by this bank had been deficient.

In its version, the nationalised bank while admitting to the above facts urged that it was only an accidental mistake and said the complaint should be dismissed.

Verdict: The Tumkur district forum decided that in this case the services of the bank had been deficient in nature and that there had been a gross negligence on their part in not re-remitting the mail transfer till January 8 although the mail transfer not reaching had been brought to their notice on December 28. The forum awarded the consumer a compensation of Rs 1,000 and also awarded Rs 500 as costs to him.

The bank appealed to the Karnataka State Commission (KSC) which upheld the verdict delivered by the Tumkur district forum and dismissing the appeal, directed the parties to bear their own costs.

Where to complain: Affected customers can file a complaint in the district forum if the amount of compensation claimed by them is below Rs 5 lakh and if it is between Rs 5 lakh and 20 lakh, then the complaint should be filed in the state commissions.

The National Commission which is the highest consumer court, looks into compensation claims exceeding Rs 20 lakh.

Apart from filing complaints before it, you can also write to it for the addresses of all the district forums and state commissions. The NC is also headed by a president and you can address your letters to The President, National Consumer Disputes Redressal Commission, (National Com-mission), A Wing, 5th floor, Janapth Bhavan, New Delhi 110001.