IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/ 70/2016 .
Date of Filing: 05.05.2016. Date of Final Order: 13.09.2016.
Complainant : Rahim Sk., S/O Late Jokimuddin Sk. Prop. Of Rakesh Motors, P.S. Lalgola,
Dist. Murshidabad. Pin-742148.
-Vs-
Opposite Party: The Branch Manager, United Bank of India, Lalgola Branch, P.O.&P.S. Lalgola,
Dist. Murshidabad. Pin 742148.
Present: Sri Anupam Bhattacharyya ….............................. President.
Sri Manas Kumar Mukherjee….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant U/S 12 of C. P. Act, 1986 praying for refund of Rs.20,560/- towards illegal revenue audit charges plus up date interest and compensation of Rs.25,000/- for mental harassment and agony.
The complainant’s case, in brief is that the complainant is a bonafide customer of OP-Bank having current A/C No. 0420250028671 and on 27.08.11 got sanction of credit limit of Rs.20 lakh on the basis of his application dt. 18.8.11 and since then he is maintaining the said account. In the sanction letter in Clause No. 5 at the Column of Bank’s Charges it is expressly mentioned that Processing Charge is Rs.20,000/-, Mortgage Charge is Rs.11,200/- and Supervision Charge of Rs.2,250/- per quarter as per extent H.Q guidelines from time to time. Accordingly, on the previous consecutive years the OP charged only supervision charge quarterly as per their terms and conditions and deducts the amount from the account of the complainant. Surprisingly, on 22.06.16 the OP charges some fictitious charges of Rs.13,800/- on the Head of Annual Charges as per Revenue Audit and on the previous year on 11.05.15 the OP also charges Rs.6,760/- on account of Revenue Audit and deducted the aforesaid amount of Rs.20,560/- illegally from the aforesaid account maintained by the OP. The OP deducted the aforesaid amount illegally and beyond the terms and conditions of the aforesaid CC Account.
The written version filed by the OP-Bank, in brief, is that the OP-Bank as per instruction of Audit and Inspection Department at Kolkata held revenue audit of Books of Account of Lalgola Branch United Bank of India for the period from 01.01.2014 and 31.12.2014 in terms of letter of appointment no INS/Rev.Audit/415 d t. 26.12.2014 and as per revenue audit report the Annual Review charge/processing charge @338/- lakh on the case credit limit of Rs.20,00,000/- i.e. Rs.6760/- was deducted . Similarly on the case credit limit of Rs.40, 00,000/- lakh the OP bank deducted the Annual Review charge of Rs.13800/- as per report of revenue audit for the period 01.01.2015 to 31.12.2015 conducted as per letter of appointment no INS/Rev.Audit/9983/2015 dt. 22.01.2016. No illegality was done by the Op Bank as alleged by the Complainant. As per banking terms and conditions the Op Bank deducted the amount as above. There is no deficiency on the part of this OP bank. The OP Bank never harassed the complainant. The complainant is liable to be dismissed with cost. Hence, the instant written version.
Upon pleadings of both parties the following points have been raised for the disposal of the case.
Points for Decision.
- Whether the complainant has any locus standi to file the present case?
- Whether the complaint is maintainable in its present form and in law?
- Whether the petition if barred by principle of estopple, waiver and acquiescence?
- Whether the petition is barred within the purview of Consumer Protection Act ?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 6.
All the points are taken up together for the sake convenience.
The instant complaint is for refund of Rs.20,560/- towards illegal revenue audit charges plus up date interest and compensation of Rs.25,000/- for mental harassment and agony.
The complainant’s main case is that the OP-Bank illegally deducted the revenue audit charges beyond the terms and conditions.
On the other hand the OP-Bank has categorically denied the same. They have deducted the same rightly on the basis of Revenue audit Report as well as Banking Circular as to service charges. Also, this complaint is not maintainable being the instant cash credit loan limit for Rs.40 lakh is for commercial purpose and not for the livelihood of the complainant carrying on Motor Cycle business with the Trade name Rakesh Motors.
To prove the case the complainant has adduced his evidence –on-affidavit, relevant documents in support of his case.
On the other hand the OP-Bank has adduced all the relevant documents including all the Circular of the OP-Bank as to service Charges and the audit report relating to the disputed deduction.
Considering the Circular and audit and also for absence of rebuttable cogent evidence adduced by the complainant we have no other alternative but to conclude that the OP-Bank has deducted the impugned revenue audit charge rightly and for that the complainant is not entitled to get refund of the same.
Also, considering the amount of cash-credit limit enhanced Rs. 20 lakh to Rs.40 lakh for carrying motor cycle business and also for absence of any averment as well as any evidence as to carrying the said business for the livelihood of the complainant, we can safely conclude that the instant case is not maintainable before this forum being the business is for commercial purpose.
Considering the above discussions as a whole we have no other alternative but to hold that the complaint is liable to be dismissed without cost.
Hence,
Ordered
That the Consumer Complaint No. 70/2016 be and the same is hereby dismissed without cost.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
