BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 27^TH DAY OF SEPTEMBER 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. This  complaint has been filed under section 35 of C.P.Act, 2019 to  direct the OPs to unblock his account for smooth operation, reimburse Rs.9,511/- illegally debited to the S.B. Account of the complainant and pay Rs.12,000/- towards cost.

2. The case of the complainant in brief is as under:

The complainant neither availed loan nor any liability towards OP bank. The complainant has savings bank account with OP which has blocked S.B. account of the complainant on 23.09.2021. There was balance of Rs.9,846.05 in the S.B. account of the complainant on 31.12.2021, but his account reflects credit balance of Rs.355.05 only. The OP has illegally debited Rs.3,944/- on  30.09.2021, Rs.3,673/- on 22.10.2021 and  Rs.1,894/- on 31.12.2021.

Despite repeated requests and legal notice dt.22.12.2021, the OP fails to comply the request of the complainant. This act of the OP amounts to deficiency of service. Hence, this complaint.  

3. In response to the notice, OP appeared and files version. The OP denies that complainant  neither availed loan nor liability with the OP. The complainant  has availed X-sell/personal loan  by executing valid loan agreement with loan account no.7903257. The right of lien  over current account, OD account and savings account  no.994 maintained  with the OP and the OP has right to exercise lien over these accounts. It is further case of the OPs that on 17.09.2016 the complainant   had submitted loan application, loan was sanctioned on 17.09.2016 and loan agreement dt.05.11.2016 came to be executed  by the complainant. The OP by exercising   right of lien has debited S.B. Account of the complainant on 30.09.2021, 22.10.2021 and 31.12.2021 in respect of outstanding dues of loan.  Therefore closure letter dt.09.02.2022 was issued. There is no deficiency of service and there is no illegality in debiting the S.B. Account of the complainant. The OP requests to dismiss the complaint.  

4. The complainant  files his affidavit evidence and reliefs on 07 documents. Affidavit evidence of authorized representative of OP has been filed and 07 documents have been marked.

5. Heard arguments of both sides. Perused documents.

6. The following points arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:- Negative

      Point no.2:- Negative

      Point No.3:-As per the final order.

REASONS

8. Point Nos.1 and 2: Both parties reiterated their respective contentions in the affidavit and documentary evidence. Ex.P1 is consolidated statement of the S.B. Account of the complainant maintained by the OP for the period from 01.03.2021 to 31.03.2021. Ex.P2 to P4 are also consolidated statements of the particular period. These statements indicate that amount referred by the complainant in complaint claimed to be debited to the S.B.
   account of the complainant. The OP also admits debiting of amount of Rs.3945/- on 30.09.2021, Rs.3,673/- on 22.10.2021 and Rs.1,894/- on 31.12.2021. Ex.P5 is copy of legal notice of the complainant dt. 22.12.2021. Ex.P6 is certificate under section 65(b) of Evidence Act. Ex.P7 is mail letter of the OP to the complainant on January 2022 stating that Rs.1,894/- has been debited on the S.B. account of the complainant  bearing S.B. A/c no.XXXXX9996 on 31.12.2021.

9. The complainant no way whispered  stated in the complaint and  in his affidavit about taking of loan with the OP.  Whereas, it is specific case of the OP that the complainant has availed loan and due amount of loan amount was debited to the S.B. account of the complainant  from time to time by exercising the light of lien. The authorized signatory of the OP not only substantiated the positive  case of the OP and  also relies on 07 documents.  Ex.R1 is copy of letter of the authorization in favour of RW1. Ex.R2 is loan application form for personal loan. It discloses photograph and signatures of the complainant with copy of PAN and Aadhar card. Ex.R3 is details of personal loan sanctioned to the tune of Rs.50,000/-. After production of documents  by the OP, the complainant has not challenged these documents. Ex.R4  sanction letter indicates sanctioning loan Rs.50,000/- repayable in 24 monthly installments at the rate of Rs.3,000/- per month. Ex.R5 is letter addressed to the complainant about outstanding dues. Ex.R6 is fore closure  letter. Ex.R7 is account statement maintained by the OP. OP by exercising right of lien debited S.B. account of the complainant.  The complainant has not right in saying there is deficiency of service on the part of OP. The complainant utterly fails to prove the deficiency of service. Accordingly, the complainant is not entitled to any of the reliefs.  

10. Point no.3:-.  In view of the discussions on point no.1 & 2, complaint requires to be dismissed. Accordingly, we proceed to pass the following 

O R D E R

1. The complaint is dismissed without costs.
2. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 27^th  day of September, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :