D.O.F - 08-01-2014
D.O.O - 16-01-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.Roy Paul : President
Smt.Sona jayaraman.K.: Member
Sri. Babu Sebastian : Member
Dated this the 16th day of January, 2015
CC.No.07/2014
Sreehari.A.C,
S/o. Gangadharan,
Ottapala Nagar,
Karibam(PO), : Complainant
Taliparamba,
Pin-670142.
Canara Babnk,
Branch No. 2506,
Opp. Police Station, : Opposite party
Court Road,
Taliparamba,
Pin- 670141.
(Rep. by Adv. C.J.Remy)
O R D E R
Smt.Sona Jayaraman.K., Member
This is a complaint filed Under Section 12 of The Consumer Protection Act by the complainant to direct the opposite party to refund the money and to receive the minimum balance charges and to pay compensation and cost.
The case of the complaint is that the complainant was holding an account in the bank of opposite party and an amount of Rs. 349 was debited twice from the account of complainant on one cheque by the opposite party. So after noticing this, complainant complained to the manager. But nothing was done to rectify the mistake from the part of opposite party. Although complainant waited for more than one year the amount of Rs. 349 was not credited back to the complainant. At the same time opposite party has debited the charges from the account of complainant. So the acts and defaults of opposite party constitute deficiency in service. So the complainant is entitled to get compensation. Hence this complaint.
After receiving complaint Forum sent notice to opposite party. Opposite party appeared and filed their version.
The contention of the opposite party as per their version is that they admitted that there was a mistake from their part by debiting Rs.349 twice and the same was a mistake by computer system. In the meantime the opposite party offered to pay that amount directly. But the complainant was not ready for that. Charges were levied from the account of complainant because the account of the complainant has fallen below the minimum balance. They had credited back the amount of Rs.349 on 07-02-14 and they are ready to pay Rs.20 which will be the interest for the period of 20-08-2012 to 07-02-2014. The charge for not maintaining the minimum balance is Rs.4.20 and they are ready to pay that also. The mistake has been caused by computer system and there was no human intervention. This complaint is filed only to tarnish the image of opposite party. Hence this complaint is liable to be dismissed.
On the basis of the above pleadings following issues were framed.
- Whether there is any deficiency on the part of the opposite
-
- Whether complainant is entitled to get any amount as prayed in the complaint?
- Relief and cost?
The evidence in this case consists of the oral testimony of PW1, DW1 and Ext. A1 to A2 and Ext. B1.
Issue No.1 :
Here there was no dispute to the fact that the complainant is an account holder in the bank of the opposite party and an amount of Rs.349 was debited twice from the account of complainant by the Bank on one cheque. Although it can be considered as a defect in the system it is to be noted that the amount of Rs.349 was credited back only on 07-02-2014 i.e. after 18 months and that too only after filing of this complaint. Bank has not offered any explanation for the delay caused in crediting back that amount. Ext. A2 document shows the efforts made by the complainant in getting bank the amount. Ext. B1 document shows that the crediting back of the amount was on 07-02-2014. The delay of one and half year in crediting that amount was a deficiency in service from the part of opposite party. So the first issue is found in favour of the complainant.
Issues No.2 and 3:
It can be seen that complainant has undergone mental agony due to the act of the opposite party. It is not an excuse to say that the amount is a small one. Small or huge, a consumer has his own mental agony were this type of error occur. So we are of the opinion that the opposite party is liable to give an amount of Rs.3,000 towards compensation. Moreover as admitted by the opposite party the complainant is entitled to get Rs.20 towards the interest of debited amount and Rs.4.20 which was the charge collected for not maintaining minimum balance. The complainant is also entitled to get an amount of Rs.1,000 towards litigation expenses. Hence order passed accordingly.
In the result the complaint is partly allowed directing the opposite party to pay an amount of Rs.3,000 (Rupees three thousand only) towards compensation along with Rs.20 (Rupees twenty only) towards interest of debited amount and Rs.4.20 (Rupees four and twenty paisa only) towards charges levied and Rs.1,000 (Rupees one thousand only) towards litigation cost within one month from the date of receipt of this order. The opposite party is liable to comply the order within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order as per the Provisions of the Consumer Protection Act. If the opposite party is not complying the order within one month from the date of receipt of this order they are liable to pay 12% interest for the awarded amount.
Dated this the 16th day of January , 2015
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the complainant
A1- Copy of Bank Pass book
A2- Copy of E-Mail communication
Exhibits for the opposite party:
B1- Copy of Statement of Account for the period from 01-08-2012 to
13-02-2014
Witness examined for the complainant
PW1- Complainant
Witness examined for the opposite parties:
DW1- K.V.Krishnan
//Forwarded by Order//
SENIOR SUPERINTENDENT
