BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. P. SUDHIR : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No: 35/2013 Filed on 25/01/2013
Dated: 30..10..2015
Complainant:
Dr. MSN Balasubramaniyan, 4/169, Ambala Nagar Extn., Kowdiar-P.O., Thiruvananthapuram – 695 003.
(Party in person)
Opposite parties:
1. Branch Manager, Canara Bank, Ulloor Branch, Thiruvananthapuram.
2. The Chairman & Managing Director, Canara Bank, 112, J.C Road, Bangalore – 560 002.
(Opp. Parties 1 & 2 by Adv. P. Balakrishnan)
This C.C having been heard on 15..10..2015, the Forum on 30..10..2015 delivered the following:
ORDER
SHRI. P. SUDHIR, PRESIDENT:
Complainant’s case is that the complainant’s pension was disbursed through 1st opposite party and there was continuous mismanagement of complainant’s money and complainant has faced deficiency of service with regard to the settlement of accounts. Each and every time the complainant felt deficiency on every service of the opposite parties. Many things the complainant want to convey but he failed to emphasis the same and only unrelated issues made in the complaint without any supporting evidence.
2. On receiving the notice opposite parties appeared and filed version and contested the matter and produced the account details marked as Ext. D1.
3. Points of consideration:
(i) Whether there is any deficiency of service on the part of opposite parties?
(ii) Whether complainant is entitled for the relief sought for?
4. Points (i) & (ii): Complainant filed proof affidavit and Exts. P1 to P13 marked. The complainant has not put forward a specific case and not produced supporting evidence. Arrangement of words and unrelated documents are produced with different contentions. The complainant failed to substantiate his case which is in the mind before this Forum. The case of the complainant is mainly regarding the settlement of accounts and this Court has no jurisdiction to entertain such cases. The admitted case of the opposite parties is that a mistake committed to the tune of Rs. 10,568/- while updating the complaint saving regular savings account transaction, system wrongly printed the can flexi balance as on 30/06/2011 as Rs. 79733/- but the correct balance as on date was Rs. 69,165/- (principle balance). This was explained to the complainant and on apology letter Ext. P3 was issued. There also the complainant has not suffered any loss. But admittedly there is deficiency of service on the part of opposite parties.
5. We are of the opinion that there is deficiency of service in entering the balance in the pass book that itself a tune of Rs. 10,568/-. Though there is no loss the deficiency of service on the part of opposite parties is to be compensated to the complainant. Hence opposite parties are directed to pay Rs. 5,000/- as compensation for the deficiency of service done by the opposite parties and towards the mental agony suffered by the complainant and to pay Rs. 1,000/- as cost of this proceedings.
In the result, the complaint is partly allowed and opposite parties are directed to pay Rs. 5,000/- as compensation for the deficiency of service committed by the opposite parties and towards mental agony to the complainant and Rs. 1,000/- as cost of this proceedings within one month from the date of receipt of this order, failing which the complainant is entitled to realise the whole amount with interest @ 9% per annum.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of October 2015.
Sd/-P. SUDHIR : PRESIDENT
Sd/-R. SATHI : MEMBER
Ad. Sd/-LIJU B. NAIR : MEMBER
C.C. No: 35/2013
APPENDIX
I. Complainant’s witness:
PW1 : MSN Balasubramaniyan
II. Complainant’s documents:
P1 : Copy of statement of balance as on 30/10/2010
P2 : Copy of complaint dated 02/11/2011 issued by the complainant
P3 : Copy of the letter dated 11/11/2011 issued by the 1st opposite party to the complainant
P4 : Copy of letter dated 07/01/2012 issued by the complainant to the 2nd opposite party
P5 : E-mail send by the complainant
P5(a) : E-mail dated 16/08/2012 send by the 1st opposite party
P5(b) : E-mail dated 16/08/2012 send by the complainant to the opposite party
P5© : E-mail dated 11/11/2011 send by the complainant to the 1st opposite party & E-mail dated 5/11/2015 send by the 1st opposite party to the complainant
P5(d) : Copy of statement of Transactions in Savings Account of the complainant
P6 : Copy of letter dated 27/12/2012 issued by the complainant to the 1st opposite party
P7 : E-mail send by the complainant to the 1st opposite party
P8 : Copy of cheque No. 347921 dated 24/12/2012 of Canara Bank
P8(a) : Copy of E-mail dated 28/12/2012 send by the complainant to the 1st opposite party
P9 : Copy of scheme of Canara Flexi Deposit
P10 : Copy of letter dated 30/10/2012 issued by the complainant to the 1st opposite party
P11 : copy of statement of account in A/c No. 2608101001777
P12 : Copy of complaint dated 18/07/2013 issued by the complainant
P13 : Copy of receipt dated 18/07/2013 from Canara Bank ATM Muttada Branch.
III. Opposite parties’ witness:
DW1 : Mathew T.B
IV. Opposite parties’ documents:
D1 : Copy of statement of account
D2 : Copy of circular
Sd/-PRESIDENT
Ad.
