Tamil Nadu

South Chennai

249/2010

Mr.Justin Durai - Complainant(s)

Versus

ICICI Bank , Manager - Opp.Party(s)

M.Murali

16 Nov 2017

ORDER

                                                                        Date of Filing :   11.06.2010

                                                                        Date of Order :   16.11.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.249/2010

                                                              THURSDAY THIS  16^th DAY OF NOVEMBER 2017

 

Mr. Justin Durai,

S/o. (Late) Durairaj,

M/s. Deccan Credit Services,

No.63, 3^rd Floor,

Arcot Road,

Kodambakkam,

Chennai 600 024.                                          Complainant

                                        ..Vs..

 

The ICICI Bank,

Rep. by its Manager,

Bazullah Road Branch,

T.Nagar, Chennai 600 017.                            Opposite party

 

 

Counsel for Complainant         :   M/s. Murali & others          

Counsel for opposite party       :   M/s. S. Nmasivayam & others.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to raise the blocking of the current account No.602605051006and also to pay a sum of Rs.5,00,000/- as compensation for damages and mental agony and to pay cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that he is having current account No.602605051006 with the opposite party.   The complainant state that on 11.12.2009 one of his customer deposited a sum of Rs.30,000/- in his account and was credited into the account as per Ex.A2.     On 14.2.2009 the complainant issued a cheque for Rs.2500/- to Mr. Gunaselan which was returned as dishonoured with the endorsement insufficient fund thereby the complainant’s reputation, goodwill everything lost.   The opposite party also deducted a sum of Rs.965.13 towards transaction charges.  Thereafter the opposite party blocked the current account No.602605051006 caused great inconvenience in payment of vehicle loan availed from HDFC for that the complainant has managed to make payment towards car loan to the HDFC bank.  Hence the complainant issued legal notice ie. Ex.A8 on  30.12.2009.  The opposite party has not complied the demand.    As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version field by  the   opposite party is  as follows:

The   opposite party deny each and every allegations except those that are specifically admitted herein.     The opposite party submit that  at liberty to exercise Banker’s lien which is a statutory right available in any account of the complainant and is at liberty to appropriate the same for dues towards any other  account.   Further the opposite party state that  Mr.Gunaseelan passed a comment as though the complainant is not even capable of honouring the cheque issued for a meager amount of Rs.2500/- and because of all these events the complainant felt ashamed in front of his staff and his reputation and goodwill which he has been enjoying all these years with the said Mr.Gunaseelan has been damaged, and the complainant was forced to pay a sum of Rs.2500/- to said Gunaseelan by cash are all denied as blatant falsehood and invented just for the sake of complaint.   It is also submitted that the opposite party was well within their limits and rights to invoke banker’s line to offset the outstanding in the credit card by transferring funds from the complainant’s current account as well blocking the complainant’s bank account and thereby the opposite party has not committed any deficiency in service and the complaint is liable to be dismissed.

 

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 marked.  Proof affidavit of opposite party filed and Ex.B1 marked on the side of the  opposite party.

 

4.   The points for the consideration is:

 

1. Whether the complainant is entitled to the relief blocking the current account No.602605051006 to raise as prayed for ?

 

2. Whether the complainant is entitled to a sum of

       Rs.5,00,000/- towards damages as prayed for ?

 

5.      POINTS 1 & 2:

       

        Heard both sides.  Admittedly the complainant is having current account No.602605051006 with the opposite party.   The learned counsel for the complainant contended that on 11.12.2009 one of his customer deposited a sum of Rs.30,000/- in his account and was credited into account as per Ex.A2.     On 14.2.2009 the complainant issued a cheque for Rs.2500/- to Mr. Gunaselan which was returned  dishonoured with the endorsement insufficient funds thereby the complainant’s reputation goodwill everything lost.   The opposite party also deducted a sum of Rs.965.13 towards transaction charges.  Thereafter the opposite party blocked the current account No.602605051006  caused great inconvenience in payment of vehicle loan availed from HDFC for that the complainant has managed to make payment towards car loan to the HDFC bank.  Hence the complainant issued legal notice ie. Ex.A8 on  30.12.2009 since the opposite party has not complied the demand. Hence  the complainant   filed this case.    But on a careful perusal of Ex.A4 it is apparently clear that the alleged credit of Rs.30,000/- by his customer through credit services is returned dishonoured with endorsement insufficient funds proves that there is no deficiency of service.

6.     The learned counsel for the opposite party contended that the alleged transaction through  credit services.  As per Ex.A2 Rs.32,849.79 is uncleared balance; since through the credit services; a Bombay cheque was presented.  Immediately it was shown into the credit of the complainant subject to clearance.  As per Ex.A4 the said cheque was returned dishonoured with endorsement insufficient funds as per Ex.A5 proves that the complainant current account having no amount to any cheque thereby the cheque issued by the complainant infavour of Mr. Gunaselan for a sum of Rs.2500/- also returned dishonoured with endorsement in sufficient funds as per Ex.A7 proves that there is no deficiency of service committed by the opposite party.   Further the learned counsel for the opposite party contended that the blocking of current account No.602605051006 is imaginary.  No account of the complainant was blocked.   Further the contention of the opposite party is that as per Sec 171 of the Indian Contract Act,  the banker’s line over the amount  available in any account of the complainant.    But the lien cannot be blocking transaction of the account on sufficient balance amount.   Considering the facts and circumstances of the case this forum is of the considered view that the  opposite party shall remove the blocking of account if any done in the operation of current account within one month with  cost of Rs.5,000/-  to the complainant.  Regarding other reliefs this complaint is dismissed and the points are answered accordingly.

In the result the complaint is allowed in part.  The opposite party shall remove the blocked if any done in the operation of current account within one month with  cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.  Regarding other reliefs this complaint is dismissed.

 

           Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  16^th   day  of  November 2017.  

 MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-  30.1.2009 - Copy of Statement of account sent by the opposite party

                               to the complainant.

 

Ex.A2- 31.12.2005         -  Copy of statement of account sent by the opp. party to the

                                          Complainant.

 

Ex.A3- 31.1.2010  -        Copy of Statement of account sent by the opp. party to the

                                         Complainant.

 

Ex.A4- 13.12.2009         -  Copy of cheque issued by the complainant to Syndicate

                                            Bank.

 

Ex.A5- 15.12.2009         -  Copy of Return Memo issued by the opposite party.

 

Ex.A6- 14.12.2009         -  Copy of cheque issued by the complainant to one

                                           Mr. M.Gunaseelan.

 

Ex.A7- 16.12.2009         -   Copy of Return memo issued by the opp. party to

                                            One Mr. Mu.Gunaseelan.

 

Ex.A8- 30.12.2009         -   Copy of legal notice.

 

Ex.A9-                             -   Copy of Ack. Card.

 

Opposite parties’ side document:  

 

Ex.B1-                -  Copy of Special Power of attorney.

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.