Tamil Nadu

South Chennai

6/2008

V.Murugappan - Complainant(s)

Versus

Axis Bank and another - Opp.Party(s)

Party in person

20 Feb 2018

ORDER

                                                                                                                           Date of Filing  : 31.12.2007

                                                                          Date of Order : 20.02.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L,                    : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                :  MEMBER-I

              DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

                                                                    

CC. NO.6 /2008

      TUESDAY THE 20^TH DAY OF FEBRUARY 2018

                                              

V. Murugappan,

Door No.1, Mooragi Dasai Street,

Choolai Pallam, M.G.R. Nagar,

Chennai 600 078.                                               .. Complainant

                                      ..Vs..

 

1. The Branch Manager,

Axis Bank,

No.149 IC/ID Mount Poonamalles Road,

Ramapuram,

Chennai 600 089.

 

2. The Manager,

Axis Bank,

No.82, Dr. Radhakrishnan Salai,

Mylapore, Chennai -4.                              ..  Opposite parties.

 

 

Counsel for complainant         :  Party in person.   

Counsel for opposite parties  :  M/s. R.Palani Kumar Ramesh     

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section  12 of the Consumer Protection Act 1986 seeking direction to pay cheque amount of Rs.1183/- and to pay a sum of Rs.50,000/- towards mental agony and loss of reputation and Rs.2,000/- as cost of the complaint.

1. The averments of the complaint in brief are as follows:

          The complainant submit that  he is a account holder of the opposite parties Axis bank.  He used to deposit  a sum of Rs.1200/- every month in his account in order to clear his liability of ECS payment to ICICI Bank.   On 5.10.2007 the complainant checked his balance amount from the ATM of Kesari School ATM, Axis bank.   He shocked to see that a sum of Rs.225/- was deducted from his account towards return charges of his cheque issued  for clearance of ECS liability.   On enquiry the opposite parties Axis Bank, Ramapuram Branch of Axis bank explained that the available balance in his account on 28.9.2007 was only Rs.14.56/-.  So the amount payable towards mobile banking charges was deducted when he deposited the sum of Rs.1200/- on 4.10.2007.   So the complainant sent email to Axis bank, Ramapuram Branch. But there was no reply.  Then he approached the Head office there is no reply either from Head office or from Ramapuram branch.    As such the act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.

2. The brief averments in the written version filed by the  opposite parties is as follows:

The  opposite parties deny each and every allegations except those that are specifically admitted herein.  The opposite parties state that the  complainant having a savings bank account bearing No.074010100246347 with the 1^st opposite party and he also availed the ATM facility for his SB account.   The complainant also opted for mobile banking facility provided by the opposite parties.   The mobile banking facility is a facility offered by the Axis bank to its customer for facilitating the quick information  about the transaction to be happened in the SB Account to their mobile phone.  The facility enables the customer to keep watch and whatever the credit / debit happening in his account.    The opposite party charges a sum of Rs.134.83 p.a. towards mobile banking charges from its customers who avail the above facility.    The mobile banking charges which are charged annually falls in the month of September 2007 for the complainant.   It is the practice of the 1^st opposite party to credit the Mobile banking charges at the end of the month and this is done by debiting from the account of the customer.   By the above normal procedure the 1^st opposite party charged the Mobile banking charges to the complainant on 28.9.2007.  However on 28.9.2007 only a sum of Rs.14.56 available in the SB account of the complainant  and a lien had been marked in the account for the remaining amount of Rs.120.27.     The opposite parties state that  though on 4.10.2007 a sum of Rs.1200/- was deposited in the complainant’s account, because of the lien marked in the account for Rs.120.27 the clear balance available in the account as on the said date was Rs.1079.73 and therefore the cheque issued  in favour of ICICI bank by the complainant for an amount of Rs.1183/- was not honored for the reason “funds insufficient”.   After deducting the lien amount only a sum of Rs.1079.73 was available in the complainant’s SB account, therefore the cheque for Rs.1183/- issued by the complainant was returned and return charges of Rs.225/- was debited in his account.  Only because of the complainant’s negligent act the cheque had been returned, therefore no deficiency of service occurred on the part of the opposite parties and the opposite parties is not at all liable to pay any amount as claimed by the complainant.   Therefore the complaint is liable to be dismissed.

3.    In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 marked.  Proof affidavit of the opposite parties filed and Ex.B1  marked on the side of the  opposite parties.

4.      The points for consideration is :

1.  Whether the complainant is entitled to a sum of Rs.1183/- towards cheque amount as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation for mental agony and loss of reputation with cost of Rs.2,000/- as prayed for ?

 

5.    POINTS 1 & 2:

        Both parties filed their respective written arguments.   Perused the records (viz) complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he is an account holder of the opposite parties Axis bank.  He used to deposit  a sum of Rs.1200/-  every month in his account in order to clear his liability of ECS payment to ICICI Bank.   As usual on 5.10.2007 the complainant checked his balance amount from the ATM of Kesari School ATM, Axis bank.   He shocked to see that a sum of Rs.225/- was deducted from his account towards return charges of his cheque issued for clearance of ECS liability.   On enquiry the opposite parties Axis Bank, Ramapuram Branch of Axis bank explained that the available balance in his account on 28.9.2007 was only Rs.14.56/-.  So the amount payable towards mobile banking charges was deducted when he deposited the sum of rs.1200/- on 4.10.2007.   So the complainant sent email to Axis bank, Ramapuram Branch. But they did not reply.  Then he approached the Head office in Dr. Radhakrishnan Salai, Chennai on 6.10.2007 for clarification regarding the mobile bank charges; since he has not utilized the mobile number.   The cheque issued to ICICI bank was also dishonoured caused great mental agony and loss of reputation.  Hence the complainant sent another email to the 1^st opposite party on 8.10.2007; the 1^st opposite party sent reply along with the statement of account from August  2007 to 11.10.2007 vide Ex.A5 which did not reflect any amount of Rs.120.27 from the complainant’s account and the statement shows the balance of Rs.1200/- as on 4.10.2007.   The opposite parties has not explained for what reason the cheque of Rs.1200/- related to ICICI bank was not honoured.  On the other hand opposite party deducted a sum of Rs.225/- towards cheque return charges amounts to deficiency in service.

6.    The contention of the opposite parties is that admittedly the complainant having a Saving bank account bearing No.074010100246347 with the 1^st opposite party  and the complainant having ATM facility.  Further the contention of the opposite party is that the complainant also opted for mobile banking facility for facilitating the quick information  about the transaction in the  savings bank account for that the opposite party charges a sum of Rs.134.83 p.a.  But the opposite party has not produced any record duly authorized by RBI The complainant also executed a declaration related the acceptance of terms and conditions.  The actual mobile banking charges false in the month of September 2007 for the complainant.  The opposite parties charged the mobile banking charges on 28.9.2007 a sum of Rs.14.56 available in the savings bank account of the complainant alone credited the remaining amount of Rs.120.27 deducted as a lien.   But the opposite parties has not produced any document to prove such transaction.   Equally as per the terms and conditions no figure of any kind has been given in such manner.  Further the contention of the opposite parties is that on 4.10.2007 a sum of Rs.1200/- was deposited in the complainant’s account; because of the lien marked in the account for Rs.120.27 the balance available on the said date was Rs.1079.73; hence the cheque issued in favour of ICICI bank for Rs.1183/- was not honored for the reason “Funds insufficient”.  After deducting the lien amount only a sum of Rs.1183/- alone available because dishonour of the cheque and returned charges of Rs.225/- was also debited from the account of the complainant.   But all these transactions has not been given on record.   The opposite parties has not produced any document for such sudden recovery of Rs.14.56, Rs.120.27 and Rs.225/- raising such wild contention regarding mobile banking transaction falls on September 2007 and the recovery amounts to deficiency in service.    Considering the facts and circumstances of the case this forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable  to refund a sum of Rs.14.56, Rs.225/- and Rs.120.27/- totaling Rs.359.83 rounded to Rs.360/-  and also shall pay a compensation of Rs.5,000/- for mental agony with cost of Rs.2,000/- and the points are answered accordingly.

In the result the complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable  to refund a sum of Rs.14.56, Rs.225/- and Rs.120.27/- totaling Rs.359.83 rounded to Rs.360/- (Rupees three hundred and sixty only) and also shall pay compensation of Rs.5,000/- (Rupees Five thousand only) for mental agony with cost of Rs.2,000/- (Rupees two thousand only) to the complainant. 

The above  amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated  by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of February 2018. 

MEMBER –I                       MEMBER-II                              PRESIDENT.

COMPLAINANT SIDE DOCUMENTS:

Ex.A1 18.10.2007   Copy of ICICI Bank payment receipt for Rs.1183/

Ex.A2 29.10.2007   Copy of registered letter

Ex.A31.11.2007    Copy of Ack. Card.

Ex.A410.10.2007   Copy of Email letter .

Ex.A5 22.10.2007  Copy of statement of account.

Ex.A6 5.10.2007    Copy of Statement of slip from ATM

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1       Copy of Account Opening form.  

 

MEMBER –I                       MEMBER-II                              PRESIDENT.