orders
THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Sri. Santhosh Kesavanath P., President
K.N. Radhakrishnan, Member
CC No. 36/2010.
Tuesday, the 20th day of September , 2011
Petitioner : Yamuna G. Nair,
Edattu Parthasarathiyil,
Kummanam P.O., Aymanam
Kottayam.
(By Adv. Cyril Thomas)
Vs.
Opposite party : The Branch Manager,
HDFC Bank Ltd.,
Vettoor Building,
Sasthri Road, Kottayam.
(By Adv.T.R Sathian)
O R D E R
Sri. Santhosh Kesavanath P., President
Case of the petitioner filed on 16..2..2010 is as follows:
Petition is for refund of the amount and compensation. Petitioner is working in future General Insurance Company Ltd., Kottayam. Petitioner is having an account with vide No. 11541423. Petitioner had taken another personal loan account with vide No. 0071114009386. Salary of the petitioner is disbursed through the above mentioned account. On 31..12..2009 salary of the petitioner is transferred to the account of the petitioner and the petitioner withdrawn the same on 5..1..2010. Personal loan of the petitioner is due. For the due loan amount opposite party withdrawn amount from the personal loan account of the petitioner. As a result of the withdrawn of the amount from the personal account, Cheque issued, by the petitioner to one Muraleedhararan, for an amount of Rs. 10,000/-, is dishonored and returned. According to the petitioner opposite party cannot adjust the amount in the personal loan account for the due loan amount. Petitioner states that act of the
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opposite party in releasing Rs. 2,60,187/- from the savings account of the petitioner amount to deficiency in service. So, petitioner prays for a direction for the refund of the amount along with cost and compensation.
Opposite party entered appearance and filed version contenting that the petition is not maintainable. According to the opposite party petitioner availed vehicle loan from the opposite party and the vehicle loan is to be closed before 2..6..2009. 24 Cheques given by the petitioner were dishonoured. As per the terms of the agreement opposite party has right to set off the dues. According to the petitioner there is no deficiency in service on the part of the opposite party and they pray for dismissal of the petition with their costs.
Points for determinations are:
i) Whether there is deficiency in service on the part of the opposite party?
ii) Relief and costs?
Evidence in this case consists of affidavit filed by both parties and deposition of the petitioner as PW1 and Ext. A1 document on the side of the petitioner and Ext. B1 to B3 documents on the side of opposite party.
Point No. 1
The crux of the case of the petitioner is that for the dues in the loan account opposite party realized some amounts from personal account of the petitioner. According to the petitioner said act of opposite party amounts to deficiency in service. Opposite party contented that since there is specific terms in the loan agreement opposite party can set off amount. The loan agreement executed by the petitioner and the opposite party produced is marked as Ext. B1. Clause 10(6) of Ext. B1 states as follows:
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“Bank shall have a paramount rights of set off and in exercise of the banks general lien under law. Bank shall also have a para mount right of lien on all monies , accounts, securities, deposit goods and other assets and properties belonging to borrower or standing to borrowers credit. Which are or may at any time with or in possession of control of any branch of the bank for any reason or purpose whatsoever”. So, in order to attribute deficiency the petitioner shall prove that there is some imperfection shortcoming or inadequacy in the quality of service which is required to be maintained or has been undertaken to perform in persuance of a contract. Here during cross examination petitioner as PW1 admitted signature of petitioner in Ext. B1. Since there is specific clause in Ext. B1 with regard to set off. We cannot attribute any deficiency in service on the part of opposite party in adjusting the amount from another account of petitioner. Point No. 1 is found accordingly.
Point No. 2
In view of finding in point No. 1. Petition is dismissed. Considering the facts and circumstances of the case no cost and compensation is ordered.
Dictated by me, transcribed by the Confidential Assistant, corrected by me and
pronounced in the Open Forum on this the 20th day of September , 2011.
Sri. Santhosh Kesavanath P., President Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
APPENDIX
Documents for the petitioner:
Ext. A1: Statement of account of the petitioner.
Documents for the opposite parties:
Ext. B1: Loan agreement
Ext. B2: Schedule of the loan agreement
Ext. B3: Statement of personal loan.
By Order,
Senior Superintendent
