Tamil Nadu

North Chennai

CC/145/2015

A.Abdul Ghafoor - Complainant(s)

Versus

Branch Manager - Opp.Party(s)

P.Davoodu

29 May 2017

ORDER

 

                                                            Complaint presented on:  14.09.2015

                                                                Order pronounced on:  29.05.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 29^th DAY OF MAY 2017

 

C.C.NO.145/2015

 

 

A.Abdul Ghafoor,

Door No.96/162,

Varadhammal Garnen Main Street,

Off. Secretariat Colony,

Kellys, Chennai – 10.

                                                                                    ….. Complainant

 

..Vs..

1. Branch Manager,

Indian Overseas Bank,

Kilpauk, Chennai – 10.

 

2. Chief Customer Service Officer,

Indian Overseas Bank,

Central Office,

763, Anna Sala, Chennai – 600 002.

.....Opposite Parties

Date of complaint                                 : 25.09.2015

Counsel for Complainant                      : P.Davoodu & S.Angelis

Counsel for Opposite Parties                   : K.Balajee and D.Kumar

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to refund the amount of Rs.49,500/- with interest and also compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant is the customer of Opposite Party bank and he is having Saving Bank Account No.057101000025970. The Complainant deposited a cheque issued by one Mr. Mohammed Mustafa on 25.03.2013 in his account for the value of Rs.49,500/-. The said cheque amount was credited in his account on 31.03.2013.  Again on 02.06.2014 the Complainant deposited a cheque for an amount of Rs.2,00,000/- and he had balance amount of Rs.2,03,583/-.

          2. The Complainant made entry in his pass book and found that on 07.06.2014 a sum of Rs.49,500/- was debited from his account without his knowledge. The Complainant approached the Opposite Party; they could not provide details about the withdrawal of money from his account. Hence the Complainant sent a written Complaint on 26.06.2014 and the 1^st Opposite Party did not give any reply and orally informed that there was some error and they would rectify the same. Even after a month the amount was not deposited in his account. Thereafter the Complainant issued legal notice dated 22.01.2015 and then filed his Complaint to refund the amount of Rs.49,500/- with interest and also compensation for mental agony with cost of the Complaint.    

 

3. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The Opposite Parties admits that the Complainant is having savings account with the 1^st Opposite Party and he had also deposited a cheque drawn on Bank of Baroda, Purasawalkam Branch issued by Mr. Mohamed Mustafa in his account on 25.03.2013. The said cheque was wrongly cleared and the cheque amount was credited to the account of the Complainant on 31.03.2013. After knowing the wrong credit, the 1^st Opposite Party wrote a letter dated 16.06.2014 to the Bank of Baroda to recover the said sum from Mr.Mohammed Mustafa account.  He also wrote a letter on the same day to Mr.Mohammed Mustafa to make payment of the said some or issue another cheque to the Complainant. Thereafter, the 1^st Opposite Party debited the amount of Rs.49,500/- from the Complainant account. After receipt of written letter dated 26.02.2014 and legal notice from the Complainant, the 1^st Opposite Party explained in person to him about the circumstances. Therefore, the Opposite Parties have not committed any deficiency in service and prays to dismiss the Complaint with cost.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1 

          It is an admitted fact that the Complainant is having a  Saving Bank Account No.057101000025970 with the 1^st Opposite Party/Bank and in the said account the Complainant deposited a cheque dated 25.032013 drawn on Bank of Baroda, Purasawalkam Branch issued by Mr.Mohammed Mustafa in his account on 25.03.2013 and the said cheque was cleared and the amount was credited to the account of the Complainant on 31.03.2013 and subsequently without any intimation, the 1^st Opposite Party on 07.06.2014 debited the said sum of Rs.49,500/- from the account of the Complainant and thereafter the Complainant wrote Ex.A1 letter and Ex.A2 legal notice  to the 1^st Opposite Party to re-credit the debited amount to his account and however the same was not done by the Opposite Parties.

          6. The cheque was deposited on 25.03.2013 and the amount of Rs.49,500/- was credited  in the account of the Complainant on 31.03.2013 and after more than a year the said amount debited from the account of the Complainant without  any intimation to him. The information of debiting the amount came to the knowledge of the Complainant by way of surprise when he made entry by updating his pass book. The Opposite Parties normally owe a duty to inform the customer when they suomotu debiting amount from the customer account. Even after deducting the amount the 1^st Opposite Party has no courtesy to inform the customer/Complainant. Even after the Complainant contacted the 1^st Opposite Party he was not properly appraised the position.

          7. The Opposite Parties would contend that the cheque was wrongly cleared and wrong credit was made and hence the said sum was debited from the account of the Complainant. How the 1^st Opposite Party came to know after one year that the cheque was wrongly cleared and credited and the same was not explained in this case. Further, the 1^st Opposite Party would contend that Mr.Mohammed Mustafa has not maintained the sufficient balance in his account. The said Mustafa is having account with Bank of Baroda, Purasawalkam and issued only that branch cheque. After presenting the cheque the Complainant banker viz., 1^st Opposite Party sent the cheque to the Bank of Baroda, Purasawalkam and the said Bank of Baroda should have returned the cheque for the reason insufficient fund. However, the Opposite Parties have not filed any document to show that the said Mustafa is not having sufficient balance in his account. The debit was made in the Complainant account after one year of credit in his account. There is no acceptable reason and documents filed by the Opposite Parties for debiting the sum of Rs.49,500/- form the account of the Complainant. Therefore, we hold that the Opposite Parties have wrongly debited the said sum of Rs.49,500/-  from the account of the Complainant on 07.06.2014 as shown in  Ex.A5 Statement of Account of the Complainant and hence it is held that the Opposite Parties 1 & 2 have committed deficiency in service.

08. POINT NO:2

          The Opposite Parties without any authority debited the amount of Rs.49,500/- from the account of the Complainant and hence the Opposite Parties may be directed to refund the said sum of Rs.49,500/- to the Complainant with 9% interest from 07.06.2014 onwards to till the date of this order. Due to wrong debit of the amount the Complainant suffered with mental agony is accepted and for the same it would be appropriate to order to pay a sum of Rs.50,000/- towards compensation besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 jointly or severally are ordered to refund a sum of Rs.49,500/- (Rupees forty nine thousand and five hundred only)  to the Complainant with 9% interest from 07.06.2014 to till the date of this order and also to pay  a sum of Rs. 50,000/- (Rupees fifty  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 29^th  day of May 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 26.06.2014                   Complaint copy

Ex.A2 dated 22.01.2015                   Legal Notice

Ex.A3 dated 24.01.2015                   Postal Acknowledgement

Ex.A4 dated 27.10.2011                   Copy of pass Book extract

Ex.A5 dated NIL                     Bank Statement

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated NIL                     Indian Overseas Bank letter

 

Ex.B2 dated NIL                     Indian Overseas Bank letter

 

 

 

MEMBER – II                                                               PRESIDENT