The instant case was started on the basis of a petition under Section 12 of the Consumer protection act, 1986 which was registered as Consumer Case No. 13/17 in this Forum.
The fact of the case as revealed from the petition of complaint is that the complainant/petitioner is a consumer of O.P. No. 1 and she has an account in that branch bearing account No. 3292039805.
The petitioner is the owner of the Petrol Pump for this reason the complainant took the coin from her customers and she deposited Rs. 3616500/- from the date of 10/11/2016 including in which coin of Rs. 207000/- of various denomination before the O.P. No. 1.
After few days when the complainant collected her Bank account statement from the bank and she came to know that Bank subtracted of Rs. 25108/- as cash handling and service charges.
That after 8/11/16 the complainant went to the office of O.P. No. 1 and asked him that huge number of coins were deposited in her petrol pump, after demonetization of Rs. 500/- and 1000/- by Central Government and whether any charge would be applicable in case of deposit of coins before Bank or not. In reply O. P. No. 1 stated to the complainant that no charge would be applicable.
On the basis of such assurance of O. P. No. 1, the complainant deposited her coin before the O. P. NO. 1 but after receiving Bank statement she found that Rs. 25108/- has been deducted, though at that time the Prime Minister declared that no such charges will be applicable at the time of demonetization.
On 9/11/2017 the complainant sent a legal notice to the O. P. No. 1 but the O. P. No. 1 did not reply any answer of NOC. It has been further stated that the complainant is a respectable lady; due to activities of O. P. No. 1 sustained both Physical and mental illness and mental pain.
As such the complainant was compelled to file the petition before this Forum for refunding of Rs. 25108/- along with interest and compensation of Rs. 100000/-, litigation cost of Rs. 20000/- and Rs. 50000/- for unnecessary harassment and deficiency in service.
The petition has been contested by the OP by filling W.V. denying all the material allegations as leveled against the OP contending inter alia that the petition is not maintainable and the petitioner has suppressed the material allegations.
The complainant is a holder of current account and the definite defence case is that as per operation department of central bank of India, central office instruction circular no. 1471 dated 4/7/2015 service charges ( as revised from time to time ) cash handling charges will be applicable all type account except SB and Term Deposit. As per notification of the Head Office that Rs. 25108 has been deducted from her account. There is no deficiency of service as such the prayer of the complainant is liable to be dismissed.
In order to prove the case the complainant Smt. Krishna Dey was examined herself as P. W. 1 and she was cross examined in the form of questionnaires. On the other hand Ratan Chandra Dey was examined as P. W. 2 and both party filed some documents.
Now the point for determination as to whether the complainant is entitled to get any relief as prayed for.
DECISION WITH REASONS
In order to prove the case the complainant Smt. Krishna Dey was examined as P.W.1 and she was cross examined and her husband Sri. Ratan Chandra Dey was also examined as P.W.2. On the other hand Sri. Anup Sarkar Branch Manager of Central Bank of India was examined as O.P.W.1 and he was also cross examined.
Now the point for consideration is that whether the Bank is authorized to deduct money or cash handling charges or not. It is the main point that is to be considered that at the time of argument the Ld Lawyer of the O.P. has submitted the notification of the Central bank of India, which was also filed before the argument. According to his argument as per circular No. 1471 dated. 04/07/2015 service charges (as revised from time to time), cash handling charges will be applicable all type of account except SB and Term Deposit. On perusal of the Notification in item No. 27 it has been clearly stated that cash handling charges were applicable:
- All types of accounts except SB and Term Deposit.
- No charges up to 1000 pieces (10 packets)
- Above 1000 pieces @ Rs. 10/- per. Packet (i.e. 100 pieces) maximum Rs. 10,000/-.
Such fact has also been corroborated by the complainant from the cross examination of O.P.W.1 that no charges up to 1000 pieces ( 10 packets).The Bank Authority has deducted the money for cash handling charges as per Bank’s notification. The complainant did not file any copy of notification to show during the demonetization of Rs.500/- and Rs. 1000/- by Central Government no charge would be applicable in case of deposit of coins before bank. So that at the relevant time the notification issued by the Central bank of India which was remained in force. So rightly the Bank Authority has deducted the money for cash handling charges that has been reflected in the statement of her accounts. Moreover, in this case the complainant has not come to the court with a clean hand as because she did not state in her petition or in her evidence the nature of account though she has stated the account no. On perusal of the record that it is the current account of the complainant so the bank authority has deducted the money from her account. Moreover, the Bank Authority has submitted the details for deduction of Rs. 25108/-. So there was no fault on the part of the Bank Authority for deduction of cash handling charges and this was done as per Circular No. 1471 dated 04/07/215. So, considering such facts and circumstances the instant case is liable to be dismissed.
C. F. paid is correct,
Hence, it is,
ORDERED
That the instant case being No. CC-13-17 is dismissed on contest but without any cost.
Let a copy of this order be given to the parties free of cost.
