Fact of the case in short is that this Complainant is the proprietor of his business under the name and style Netaji Industrial Works, situated at Beliatore District Bankura and the said business is the only source of income of his family and he is maintaining his family with earning from the said business.

The Complainant has a Current A/C bearing no.491010200003278 in the name of the said firm / business in the O.P. Bank

The Complainant suddenly noticed that the O.P. Bank has deducted the amount without showing any reasons from his said Current A/C for the period from :-

01-04-2008 to 31-03-2009  - Rs.10,027 / 90 only

01-04-2009 to 31-03-2010  -Rs.6,116 / 03 only

01-04-2010 to 31-03-2011  - Rs.13,087 / 32 only

01-04-2012 to 31-03-2013  - Rs.10,264 / 52 only

01-04-2013 to 31-03-2014  - Rs.8,900 / 27 only

01-04-2008 to 31-03-2009  - Rs.23,433 / 26 only

Thereafter, this Complainant submitted written objection on 06-02-2011, 17-09-2011, 01-05-

2014 and 18-07-2014 to the O.P. / Bank,raising objection about the deduction of amount made from his Current A/C ; but this O.P. did not pay any heed.  So, he intimated this matter to the higher authority of the said Bank ; but his grievance has not been redressed by the Bank authority.  So, this Complainant has filed this complaint and has made prayer for making direction upon the O.P. Bank to refund the amount to the extent of Rs.85706.5 deducted from his account as consolidated charge and other charges and he has also made prayer for compensation to the tune of Rs.5,000/-  for his mental agony and pain.

O.P. has made his appearance in this case through it’s advocate ; but subsequently, O.P. Ban k did not contest this case.  So, this was heard exparte.

                                                               Decision with reasons.

We have carefully heard the submissions made by the Complainant who is conducting this case in person.

Perused the documents and materials on record.  It appears that Complainant has a Current A/C in respect of his business namely Netaji Industrial Works bearing A/c No.491010200003278 in O.P. Bank.

Complainant has also stated in his written complaint that he is doing his business in question for the purpose of his livelihood by means of self-employment.  This O.P. Bank has not come to deny the said statement made by the Complainant.  Moreover, we do not find any reason to disbelieve the unchallenged averment of the petition of complaint stating that the purpose of the case business for earning his livelihood by means of self-employment.

In view of section 2(1)(d) of the C.P. Act, 1986 and in view of the decision of Hon’ble Apex Court reported in 2016 (3) CPR page 323 (Supreme Court) we find that this Complainant would fall within the definition of Consumer as defined in section 2(1)(d) of the C.P. Act, 1986.

Let us see whether there was any unfair trade practice or deficiency in service on the part of the O.P. Bank.  It is well settled lawthat Complainant is to prove his case.  In this case we find from the statement of account issued by the O.P. Bank that this O.P. Bank has deducted

Several amounts during the disputed period i.e.

01-04-2008 to 31-03-2009  -  Rs.10,027 / 90 only

01-04-2009 to 31-03-2010  -  Rs .6,116 / 03 only

01-04-2010 to 31-03-2011  - Rs.13,087 / 32 only

01-04-2012 to 31-03-2013  - Rs.10,264 / 52 only

01-04-2013 to 31-03-2014  - Rs.8,900 / 27 only

01-04-2014 to 31-03-2015  - Rs.23,433 / 26 only

This complaint has been filed by the Complainant on 31-07-2015 ; but the deduction was made for the period 01-04-2008 to 31-03-2009, 01-04-2009 to 31-03-2010, 01-04-2010 to 31-03-2011, 01-04-2012 to 31-03-2013, 01-04-2013 to 31-03-2014 and 01-04-2014 to 31-03-2015.

So, we find that this Complainant has claimed return of the amount since 01-04-2008 ; but Complaint filed on 31-07-2015 i.e. more than two-years from the date of deduction i.e. from the date of cause of action.

Complainant has stated in his written complaint that he has submitted several representation in the year, 2011 and 2014.

We also find from para – 10 of the written complaint where it has been stated that cause of action for this complaint has arisen on the date when he O.P. took charge from the Complainant that means from the date when charge as alleged deducted.

As per section 24 (A) of C.P. Act, 1986 complaint is to be filed within two-years from the date of cause of action.  In this case no application has been filed for condonation of delay stating reasons for causing delay in filing this complaint.

So, we find that the deduction made by the O.P. / Bank for the period 01-04-2008 to 31-07-2013 are barred by limitation but no bar to consider about the deduction of charge by O.P. Bank from 01-08-2013 to 31-03-2015, is legal or illegal.

It has been observed by the Hon’ble National Commission reported in 2015(4)CPR page 50 (NC) inter alia that by serving legal notice or by making representation period of limitation cannot be extended.

So we find that period of limitation cannot be extended from the date of sending letter/ objectionagainst deduction to O.P. Bank or its higher authority.

In view of above facts and circumstances we hold that this complaint is barred by limitation in respect of claim made on and from 01-04-2008 to 31-07-2013 and this Complainant is not entitled to get any relief as prayed for in respect of said period stated above.

Let us see whether there was any deficiency in service or unfair trade practice in respect of the period 01-08-2013 to 31-07-2015.  In this case we find from Bank Statement that several deductions were made as Service Tax and as Consolidated Charges and BCTT Charges.  We find no illegality in making deduction / realization of charge as Service Tax by the O.P. Bank ; but we find nothing in the Bank Statement showing reasons for realization / deduction of money from the case Current A/c as Consolidated Charge.  The Complainant claimed the charges realized by the O.P. Bank isnot legal.

But we find that the charges realized as Service Tax by the O.P. Bank from the case Current A/c is legal ; but we find nothing in the statement of the Bank to satisfy that the charges realized as consolidated charge is reasonable and no reasons have also been shown in this statement showing reasons for realization of the said consolidated charge.

Moreover, we find no reason to disbelieve the unchallenged averment of the petition of complaint.  In view of the circumstances we hold that the realization of the amount as consolidated charge by the O.P. Bank is nothing but unfair and deceptive trade practice.

So, Complainant is entitled to realization of the amount deducted from the case Current A/c for returned the O.P. Bank for the period 01-08-2013 to 31-07-2015.

Complainant made several attempts to the O.P. Bank to rectify his Current A/c for refunding the amount deducted as consolidated charges ; but there is nothing in the record to show that O.P. Bank has taken this matter seriously and has not given any intimation showing Justification of deduction as per rules / guidelines of R.B.I. 

So, we hold that there was illegality in the matter of deduction of amount as consolidated charge from the case current account.  So, we find that such act of O.P. Bank for illegal deduction is unfair and deceptive trade practice on the part of O.P. / Bank in respect of period 01-08-2013 to 31-07-2015.

Considering the mental agony, harassment of Complainant we like to award Rs.2,000/- (Twothousand) as Compensation for mental agony and harassment of the Complainant.

In the result the complaint succeeds.

Hence, it is

                                                                            Ordered

That the Complaint Case No.90 of 2015 is hereby allowed exparte in part in respect of prayer for refund of the consolidated charge from O.P. / Bank for the period 01-08-2013 to 31-07-2015; but dismissed against the rest period ; but without cost.

O.P. Bank is hereby directed to refund the amount deducted as consolidated charge from the case current A/c no.491010200003278during the period 01-08-2013 to 31-07-2015by sixty (60) days from the date of receipt of copy of this Judgement.

Rs.2,000/- (Two thousand) is  also awarded as Compensation for mental agony and harassment in favour of the Complainant with a direction to pay the same to Complainant by 60-days from the date of receipt of copy of Judgement.

If O.P. Bank fails to comply with the direction made above within the period mentioned, then Complainant is at liberty to get the direction / order made in this Judgement implemented with due course of law.

Let a plain copy of this Judgement be supplied to the parties free of cost.