IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                                            CASE No.  CC/136/2018

 Date of Filing:                                 Date of Admission:                            Date of Disposal:

   06.09.2018                                             14.09.2018                                      23.03.2023

Complainant:    Debesh Chandra Ghosh Roy,

                                S/O - Late Sudhir Chandra Ghosh Roy,

                   Of 38/4, Nirupama Devi Road, P.O. + P.S.- Berhampore Town,

                   Dist- Murshidabad, Pin-742101 (W.B),

                                                                -Vs-

Opposite Party Branch Manager,

                        Bank of India (Gorabazar Branch),

                        Of 46, K.P. Chattaraj Road,    

                        P.O. & P.S.-  Berhampore,

            Dist-Murshidabad

                        Pin-742101 (W.B.)

Agent/Advocate for the Complainant                         :           Pranab Kumar Das

Agent/Advocate for the Opposite Party                     :            Rajdip Goswami

           Present:   Sri Ajay Kumar Das…………………………..........President.    

                          Smt. Aloka Bandyopadhyay……………………..Member.

                           Sri. Nityananda Roy…………………………………….Member.   

FINAL ORDER

SMT. ALOKA BANDYOPADHYAY,  MEMBER.

   This is a complaint under section 12 of the CP Act, 1986.

One Debesh Chandra Ghosh Roy (here in after referred to as the Complainant) filed the case against Branch Manager, Bank of India (Gorabazar Branch) (here in after referred to as the OP) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

The Complainant on 03.09.2016 deposited an amount of Rs. 4,00,000/- to his Savings Bank Account No. 430810110000366 lying with Bank of India, Gorabazar Branch by account payee cheque vide No. 814434 of United Bank of India from his Savings Account No. 0822010239271 having Account with United Bank of India, Gorabazar Branch. At the time of up to date his passbook he came to know that a sum of Rs. 100/- is debited from his bank account being No. 430810110000366 as “Speed Clg Charg”. Seeing the debit the Complainant wrote a letter to the Senior Manager Bank of India on 09.08.2017 for taking necessary action towards refunding the same amount of Rs. 100/-. On 15.11.2017 the O.P. informed the Complainant that O.P. has right to impose “Speed Clg Charg” when the amount is above Rs. 1,00,000/-. Considering it vague and imaginary the complainant filed the instant case before the District Commission praying for an order directing the Opposite Party to refund Rs. 100/- along with Rs. 80,900/- as mental agony & harassment and Rs. 1000/- for litigation cost.

Defence Case

After due service of the notice O.P. appeared by filing W/V contending inter alia that the case is not maintainable as the O.P. has rightly debited Rs. 100/- as per the specific direction of R.B.I. So, the Complainant is not entitled to get any relief.

Points for decision

1. Is the Complainant consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1

 We peruse the complaint. The averments made in the complaint indicate that the Complainant is a consumer under the Consumer Protection Act, 1986 as well as Consumer Protection Act, 2019.

Point Nos. 2 & 3

Both these points are taken up together for the sake of convenience and brevity of discussion.

Undoubtedly the Complainant has deposited an amount of Rs. 4,00,000/- to his Savings Bank Account No. 430810110000366 lying with Bank of India, Gorabazar Branch by account payee cheque vide No. 814434 of United Bank of India (Gorabazar Branch) from his Savings Account No. 0822010239271 of that Branch and the same was credited on 07.09.2016. At the time of up to date the passbook  the Complainant came to know that a sum of Rs. 100/- is debited from his bank account being No. 430810110000366 as “Speed Clg Charg”. Seeing the debit the Complainant wrote a letter to the Senior Manager Bank of India on 09.08.2017 for taking necessary action towards refunding the same amount of Rs. 100/- but on 15.11.2017 the O.P. informed the Complainant that O.P. has right to impose “Speed Clg Charg” when the amount is above Rs. 1,00,000/-.

The O.P. in the W/V stated that the said cheque O.P. Bank credited the said amount of cheque on 07.09.2016 as per request of the Complainant for the urgent need of money and the O.P. Bank has debited “Speed Clg Charg” of Rs. 100/- to the SB Account of the Complainant and as per STAR SPEED CHEQUE COLLECTION the specific direction of the R.B.I. and according to the provision made in “Para-5” under the head “Collection charges under speed clearing” the O.P. Bank rightly debited Rs. 100/- to the account of the Complainant.

The Complainant in the written argument stated that as per R.B.I. guideline the Speed Clearing refer to collection of outstation Cheque (a Cheque drawn on non-local Bank branch) through the local clearing. It’s facilities collection of Cheques drawn on outstation core-banking-enable branches of Banks. Moreover outstation Cheque collection through collection basis takes around one to three weeks time depending upon the drawee centre under Speed Clearing for collection, it would be realized on T + 1 or 2 basis, say, within 48 hrs. But the cheque is issued by the Complainant vide No. 814434 of United Bank of India being Savings Account No 0822010239271 is local Bank branch.

Considering the facts and circumstances of the case and the documents filed by the Complainant and the argument advanced by parties we are of the view that the O.P. deducted the said amount of Rs. 100/-  as per the guideline of the R.B.I. with effect from April 1, 2011 that no charges will be payable for cheques of value up to and including Rs. 1 lakh by Savings a/c customers. Banks would be free to fix charges for collection of other types of accounts for all values and also from Savings a/c customers for cheque of value above Rs. 1 lakh. Charges fixed should be reasonable, computed on a cost-plus-basis and not as an arbitrary percentage of the value of the instrument and to be levied in an upfront manner with due dissemination to the customers of such charges.  So, in our considered view debit of Rs. 100/- cannot be treated as unfair trade practice. As such the Complainant is unable to prove his case so he is not entitled to get any relief.

Reasons for delay

The Case was filed on 06.09.2018 and admitted on 14.09.2018. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case fails.     

 Fees paid are correct. Hence, it is   

      Ordered

that the complaint Case No. CC/136/2018 be and the same is dismissed on contest against the O.P. but under the circumstances without any order as to costs.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website: confonet.nic.in.

Dictated & corrected by me.

    Member

 Member                                                           Member                                                         President.