Orissa

Sambalpur

CC/80/2016

Shri Ashok Kumar Jethi - Complainant(s)

Versus

Chief Branch Manager (Central Bank Of India) - Opp.Party(s)

Sri S.B. Dash

26 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 80/2016

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Sri. Ashok Kumar Jethi,

S/O- Late Bhusan Lal Jethi

R/O-Subhashree Vihar, Ainthapali,

Behind Madnawati Public School, Po/PS-Ainthapali,

Dist-Sambalpur, Odisha.                                                                  …..Complainant

 

Vrs.

1. Chief Branch Manager, Central Bank of India,

Sambalpur Branch, Shanti Nagar,’

Budharaja, Sambalpur-768004, Odisha.

2. Manager Operations, Central Bank of India,

Sambalpur Branch, Shanti Nagar,’

Budharaja, Sambalpur-768004, Odisha.

3. Chief Zonal Manager, Central Bank of India,

Regional Office, Neat Sanjivini Hospital,

Modipara, Sambalpur-768002, Odisha                                   ….Opp. Parties

Counsels:-

1. For the Complainant  :-              Sri. S.B.Dash, Advocate & Associates.
2. For the O.Ps                   :-            Sri Birendra Meher, Advocate & Associates.

 

DATE OF HEARING : 04.07.2022 DATE OF JUDGEMENT : 26.07.2022

Presented by Dr. Ramakanta Satapathy, PRESIDENT:

1. The case of the Complainant is that the compliant is having Bank A/C. 1677444553 old A/C No. 3044 since 1973 and applied for a locker to the O.Ps in 2005. A locker was allotted with yearly rent of Rs. 500/- + taxes. On auto-debit basis the O.Ps collect the rent. On 08.09.2009 an amount of Rs. 552/- was debited from the Saving Bank account. On 21.08.2010 an amount of Rs. 1103/- and after enquiry the O.Ps informed that the locker rent was increased from Rs. 500/- to Rs. 1000/- + taxes P.A. No any prior information or any letter has been communicated to the Complainant regarding increase in the rent.

On 01.05.2015 an amount of Rs. 1124/- was auto deducted from the account and thereafter also auto debited in July, August, September as per the sweet will of the O.Ps. the locker rent has not been debited in May of the every year.

On 26.07.2016 while up dating his pass book the Complainant came to know that on 01.07.2016 an amount of Rs. 3220/- has been debited by the O.Ps from Saving Bank Account, wrote a letter to the Branch Manager regarding illegalities, which was received on 27.07.2016. On 08.08.2016 a remainder letter was also served about the debit of Rs. 3220/-. The Branch Manager gave a helpline number. Regarding complaint #1813492 the O.Ps replied, “ as per new method which was implemented on 01.07.2016 on a section of account, complete arrear has been collected.” Although if the new method is applied for entry dated 30.07.2016, no any prior intimation has been given by the O.Ps. The Complainant also never defaulted and surplus amount exist in the savings account. There is no question of arrear.

On 08.08.2016 again a complaint was lodged with the Branch Manager and sought for clarification relating to implementation of new method, the basis of selection of section of accounts and generation of arrears. The Branch Manager on 14.09.2016 replied since opening of locker arrears have been deducted, whereas the account statement does not show any arrear.

Being aggrieved the Complainant filed this complaint.

2. After appearance the O.Ps in their version admitted the fact of increase in locker rent from Rs. 500/- to Rs. 1000/- +taxes i.e. regarding deduction of Rs. 1103/- dated 21.08.2010. The O.Ps have given prior information when there is increase in locker rent.

The C.B.I., Sambalpur Branch gives public notice in notice Board of the Bank.

The O.Ps could not collect the rent in May due to technical defects and on 01.05.2015 Rs. 1124/- was deducted to-wards locker rent. On subsequent date 1^st July 2016 of Rs. 2800/- + Rs. 420/- (Locker rent+ service tax) plus old overdue arrears have been collected. The O.Ps acknowledge the receipt of letters of Complainant. The deductions are proper and illegality committed by the O.Ps.

3. Perused the documents filed by the complainant. The O.Ps have not filed any single document. Neither rent agreement of the locker nor any documents showing the change of locker rent given to the public has been filed. Taking in to consideration the complaint petition and version of the O.Ps the following issues are framed:
103606587.  

1. Whether deduction of hiked rent of the locker without informing a Consumer amounts to deficiency in service and the O.Ps taken excess rent?
2. What relief the Complainant is entitled to get?

ISSUE NO.1  Whether deduction of hiked rent of the locker without informing a Consumer amounts to deficiency in service and the O.Ps taken excess rent?

          The O.Ps in their written version admitted the amount to-wards locker rent taken from the Complainant dated 21.08.2010, 01.05.2015. On 01.07.2016 an amount of Rs. 3200/- has been debited from the account of Complainant. From 13.09.2011 to 01.05.2015 every year Rs. 1124/- has been deducted. The Complainant claims the defferential of Rs. 3220-Rs. 1124= Rs. 2096/-. When complaint made to the O.Ps, the O.Ps replied vide mail dated 14.09.2016, deduction is made to-wards arrear amount since locker was opened.

          From aforesaid situation a question arises when from the Complainant every year locker rent has been taken how arrear came and that to without intimation to the Complainant deduction made. The A/C statement of the O.P. Bank filed by Complainant is clear and proves that Rs. 2096/- excessive locker rent has been taken by the O.Ps.

          The issue is answered in favour of the Complaint. The O.Ps have never informed the Complainant about hike in locker rent. It amounts to deficiency in service. Charging excessive rent is also deficiency in service of the O.Ps

 

ISSUE NO. 2 What relief the Complainant is entitled to get?

          From the aforesaid discussion it is clear that for the deficiency in service of the O.Ps the Complainant is entitled for the relief.

          Accordingly it is ordered:

ORDER

          The complaint is allowed on contest. The O.Ps are directed to refund Rs. 2096/- along with permissible rate of interest in saving deposit w.e.f 01.07.2016 within one month of this order failing which the amount will carry 12% interest P.A. till realisation.

          The O.Ps are to pay a compensation of Rs. 75,000/- to-wards cost of litigation Rs. 10,000/- within one month failing which the amount will carry 12% P.A. till realisation.

          Order pronounced in open court on this 26^th day of July 2022.

Supply free copies to the parties.