Kerala

StateCommission

A/09/218

State Bank of Travancore - Complainant(s)

Versus

K.Narayanan Nair - Opp.Party(s)

M.Nizamudeen

07 Dec 2009

ORDER

First Appeal No. A/09/218
(Arisen out of Order Dated 12/03/2009 in Case No. CC 223/08 of District Kasaragod)
1. State Bank of TravancoreKerala ...........Appellant(s)

Versus
1. K.Narayanan NairKerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
               VAZHUTHACAUD THIRUVANANTHAPURAM                         
 
FA.218/09
JUDGMENT DATED 7.12.09
PRESENT
 
JUSTICE SHRI.K.R.UDAYABHANU           -- PRESIDENT
 
BranchManager,
State Bank of Travancore,
Trikaripur – 671 310,                                             -- APPELLANT
Kasargod District.
2. Regional Maaager
State Bank of Travancore,
Kannur.
   (By Adv.M.Nizamudeen)
 
                    Vs.
K.Narayanan Nair,
Supriya,Udinur Central P.O,                                -- RESPONDENT
Udinoor.
 
                                                            JUDGMENT
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
 
          The appellants are the opposite party/SBT authorities in CC.223/08 in the file of CDRF, Kasaragod. The appellants are under orders   directing to refund Rs.784/- and also pay Rs.2,000/- as compensation and Rs.1000/- as costs.
          2. It is the case of the complainant that the appellants/opposite parties illegally appropriated a sum of Rs.784/- from his account on the ground that he failed to maintain a minimum balance of Rs.1000/- in his account. He had a balance of Rs.1761/- as on 19.9.07. On 19.9.07 he withdrew Rs.1000/-. According to him he was not informed of the new condition impose.
          3. It is the contention of the opposite party that as per circular dated 25.6.07 issued from the head office at Thiruvananthapuram, account holders are to maintain a minimum balance of Rs.1000/- in semi urban areas, if the account is provided with the facility of cheque transactions. The above information was displayed in the notice board of the bank. As per the circular if there is no minimum balance a sum of Rs.300/- will be fined for every 3 months.
          4. Evidence adduced consisted of Ext.A1, B1 and B2.
          5. The Forum has held that there is no evidence to establish that the complainant has communicated of the contents of the circular relied on by the opposite parties.    Displaying the information in the notice board of the Bank is not sufficient. It is pertinent to note that the new restriction was imposed after the complainant commenced his account. Hence the case of the complainant is that he was not aware of the circular appears true. I find that there is no illegality in the order of the Forum.
          The appeal is dismissed. 
 
S/L                                                    JUSTICE K.R.UDAYABHANU --      PRESIDENT
PRONOUNCED :
Dated : 07 December 2009

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT