BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No: 68/2008 Filed on 09..11..2007

Dated : 30..12..2008

Complainant:

S. Noushad, Sajina House, Thottumpara, Kattakkada – P.O., Thiruvananthapuram.

Opposite party:

Manager, Centurian Bank, Branch P.M.G., Thiruvananthapuram.

This O.P having been heard on 15..12..2008, the Forum on 30..12..2008 delivered the following:

ORDER

SMT. BEENA KUMARI. A., MEMBER:

The complainant purchased a Hero Honda Passion Motor Cycle bearing Reg.No.KJL-01-AL20337 by the loan availed from the Indusland Bank. The complainant paid the monthly installments correctly through his bank, the Centurian Bank, the opposite party in this case. As usual the complainant deposited the monthly installment of January on 5^th January. The due date was 7^th. But the cheque presented by the Indusland bank was bounced due to insufficiency of fund in the account of the complainant. The complainant approached the opposite party regarding this matter, then the opposite party answered that they have mistakenly credited the amount to another account. The complainant several times approached the opposite party to rectify the defect. But the opposite party did not cure the defect, for that deficient service the complainant suffered a lot of financial loss. As per the complaint, the complainant on 06..03..2007, 05..04..2007, 07..03..2008 & 06..05..2008 deposited the installment loan amount of Rs.1,150/- to the opposite party bank. But that amounts were not credited in his account and the cheques presented by the Indusland bank were bounced due to insufficiency of fund. Therefore the complainant had paid excess amount with bounce charges. The deficient and negligent service of the opposite party caused mental agony and financial loss to the complainant. Hence he has filed this complaint before this Forum.

2. The opposite party The Manager, Centurian Bank remains ex-parte.

3. Points to be ascertained:

1. Whether there is deficiency in service on the part of opposite party?

2. Reliefs and costs?

4. Points (i) & (ii): The case of the complainant is that the complainant deposited the installment amount to be paid in the Indusland Bank promptly. But when the Indusland Bank presented the cheque of the complainant to the opposite party's bank, that cheque was dishonoured for the reason 'insufficient fund'. This happened due to the negligent act of the opposite party. The complainant has produced the statement of account details of the complaint and the opposite party's bank. The statement is marked as Ext.P1. On the perusal of the Ext.P1 document we can find that the amount deposited on 06..03..2007, 05..04..2007, 07..03..2008 & 06..05..2008 were credited in the account of the complainant. The allegation of the complainant that the amount has not been credited in the complainant's account is not correct. From the Ext.P1 document we can find that on 07..03..2007, 12..03..2007, 11..02..2008, 07..03..2008, 09..05..2008 and on 07..07..2008 an amount of Rs.225/- has been withdrawn by the opposite party bank under the heading bank induced. The complainant has to pay Rs.1,150/- to the Indusland Bank per month and the complainant has deposited only an amount of Rs.1,150/- per month. From this practice we can understand that the complainant has no knowledge about the amount under 'bank induced', withdrawn from the account of the complainant. We presume that the amount withdrawn by the bank may be their service charge. The complainant has no awareness regarding this withdrawal. In that circumstances, the cheque presented by the Indusland bank was dishonoured due to insufficient fund. From the foregoing reasons there is deficiency in service from the side of opposite party in not providing awareness of the details regarding the maintainability of sufficient account, to the complainant. The complainant is a layman, he has no knowledge about the terms and conditions of the bank. It is the duty of the bank to give awareness regarding the transactions. In this case the complainant had to pay penal charges and bounce charges to the Indusland bank four times. From Ext.P3 series produced by the complainant this Forum finds that the complainant had paid an additional amount of Rs. 600 + 350 + 246 +350 = Rs.1,546/- to the Indusland bank due to insufficient fund.

5. From the above discussions this Forum finds that there is deficiency in service from the side of opposite party and for that they are liable to pay compensation to the complainant. It is not a fair practice to make profit from the ignorance of the consumers. Hence the complaint is allowed.

In the result the opposite party is directed to pay Rs.1,546/- (Rupees One thousand five hundred and fortysix only) to the complainant, as the amount the complainant had paid as additional amount to the Indusland bank due to the 'insufficient fund'. And the opposite party shall also pay Rs.1,000/- (Rupees One thousand only) as compensation and Rs. 1,000/- (Rupees One thousand only) as costs of the proceedings to the complainant within a period of one month. And this Forum also direct the opposite party to disclose the terms and conditions of the opposite party bank clearly to the customers.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30^th day of December, 2008.

BEENA KUMARI.A., MEMBER.

G. SIVAPRASAD,

PRESIDENT.

S .K. SREELA,

MEMBER.

ad.

C.C.No. 68/2008

APPENDIX

I. Complainant's witness:

PW1 : S. Noushad

II. Complainant's documents:

P1 : Statement of account for the period of 01.01.2006 to 06.10.2008 dated 06.10.2008

P2

: (1) statement of account as on 29.05.2008

2. statement of account as on 28.06.2008

P3 : (1) Rpt No.CRM-278757 dated 31.05.08

4 Nos. (2) " 166024 dated 07.04.2008

3. Rpt No.CRP 190192 dt. 20.11.2006

4. Rpt No.CRP-741937 dt. 20.04.07

P4 : (1) Rpt dated 06.03.2007

2. Rpt dated 05.04.2007 and two others

P5 : ATM transaction record of HDFC bank dated 06.10.2008

3. Opposite party's witness : NIL

4. Opposite party's documents: NIL

PRESIDENT