Times of India: Chandigarh: Sunday,
July 17, 2016.
The State
Consumer Disputes Redressal Commission has found Union Bank of India indulging
in unfair trade practice for releasing documents of Devendra Kumar Goel, a
resident of Zirakpur, to a third party. The bank has been directed to pay Rs
4.50 lakh as compensation along with Rs 50,000 as penalty.
Goel, while
working in Sahaspur (Dehradun) between 2007-2008, opened a savings bank account
at Dehradun branch of Union Bank. In 2011, he opened another savings account at
the Chandigarh branch.
It was stated
that Goel who has two savings bank accounts in Union Bank of India also availed
the loan facility. It was stated that Goel worked in Uttarakhand as plant head
of an MNC since 2009 till 2012, and now shifted to Ghaziabad in the same
company and never visited/contacted anyone at Civil Lines Branch of Union Bank
of India, Rudrapur, Uttarakhand.
Goel received
his salary in the Axis Bank account, which is regularly operated even from Rudrapur,
using ATM transactions. It was said that an employee of Union Bank branch Udham
Singh Nagar (Uttarakhand) branch issued the bank statements of Goel's two
accounts along with the depositary slip, unauthorized and illegally supplied
copies of the account to the third party, without proper authorization from the
bank branch.
It was stated
that the bank statements of both accounts along with the depository slip were
misused by the third party and produced in the Civil Court at Delhi in a
private dispute pending against him.
Goel made a
complaint in 2012-2013, to Chandigarh bank branch but no action was taken by
the said branch.
The bank
statements of both the accounts, from April 1, 2012 to April 30, 2012, were
given on July 24, 2012; statements from April 27, 2013 to November 16, 2013,
January 27, 2014 to April 15, 2014 were provided later, which was printed on
bank stationery, misused by the third party, in filing the tax evasion petition
against Goel and his family members/relatives for allegation of misappropriate
assets in income tax department at Patiala, for starting of income tax
proceedings and a scrutiny case.
Due to unauthorized
act of Union Bank of India, Goel lost the legal case in the civil court and in
criminal court.
The person
who collected statements and depository slip from Udham Singh Nagar
(Uttarakhand) Union Bank of India branch has enough evidence against Goel.
It is stated
that the person, who is responsible for such leakage, is therefore primarily
responsible, for the loss and damage suffered by Goel. Goel made a complaint in
writing with copies of relevant bank statements, depository slip to the officers
of the bank with a request to investigate the matter, but no satisfactory reply
was received.
The bank in
its reply said that the document produced was forged and fabricated, "as
the statement of account actually does not bear any rubber stamp and the complainant
tried to overlap some other document containing the rubber stamp upon this
document to manufacture evidence in order to prove that it was issued by Union
Bank branch.
Goel sought
information under RTI from the income tax department about who was filing the
complaint and the bank did not reply to whom they handed over the information
and for what purpose.
Court after
hearing arguments found that, there is deficiency in service and indulgence
into unfair trade practice on the part of Udham Singh Nagar (Uttarakhand)
branch of Union Bank i.e. Chief Manager, Union Bank of India.
It is clearly
proved that Goel is having two accounts with Union Bank of India, one at
Chandigarh branch and another at Sahaspur Branch.
Court added
that, Goel has produced statement of account of Union Bank of India Chandigarh.
A bare perusal of the documents clearly show that the same were issued by
Rudrapur Branch of Union Bank of India because the stamp of the said branch and
also the employee having code also clearly shown on the documents. So, it is
clearly proved that the statement of accounts along with depository slips were
generated by Rudrapur Branch of Union Bank of India and handed over to the
third party."
Finally, the
court ordered Union bank, Udham Singh Nagar, Uttarakhand, to pay compensation
of Rs Rs 4 lakh for causing mental agony and harassment, Rs 50,000 as costs of
litigation, and also to deposit Rs 50,000 in the consumer legal aid account of
state commission as a penalty for indulging in unfair trade practices within 45
daysfrom the date of receipt of a certified copy of the order.
As per
guidelines of Reserve Bank of India, no information of a customer can be
supplied to any third party, barring some exceptional circumstances, which did
not exist in this case.
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