Date of Filling:      08.08.2016

                                                                                                                       Date of Disposal:  04.10.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT: THIRU.  J. JUSTIN DAVID, M.A., M.L.                                    .…. PRESIDENT

                   TMT.      K. PRAMEELA, M.Com.                                            ….. MEMBER-I

                   THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.                    ..… MEMBER-II

CC.No.43/2016

THIS FRIDAY THE 04^th   DAY OF             OCTOBER 2019

D.Udayapriya, W/o.S.Sridhar,

No.25/23, Thambusamy Nagar,

Thiruverkadu,

Chennai -600 077.                                                                                    …..Complainant.

                                                                //Vs//

The Manager,

M/s.The Karur Vysya Bank Limited,

Branch:- Chennai Thiruverkadu,

189, Sannadhi Street,

Thiruverkadu, Chennai -600 077.                                                       …..Opposite party.

This Complaint is coming up for final hearing before us on 27.09.2019 in the presence of Mr.S.Kannan, counsel for complainant and M/s.V.Murali, counsel for the opposite party and having perused the both side documents and hearing the arguments on both sides, this forum passed the following

ORDER

PRONOUNCED BY THIRU. J. JUSTIN DAVID,  PRESIDENT

This complaint has been preferred by the complainant Under Section 12 of the consumer protection Act-1986 against the opposite party for seeking a direction to pay a sum of Rs.1289.48/- to the complainant towards unauthorized withdrawal by the opposite party with interest and to pay a sum of Rs.10,000/- towards transit and litigation expenses and to pay a sum of Rs.1,50,000/- towards mental agony and loss suffered to the complainant by the opposite party.

2. The brief fact of the complaint is as follows:-

The complainant is maintaining a savings bank account with Karur Vysya Bank in KVB Sakthi account No.1199177000000750 and her customer ID 8127017 since 04.06.2012.  The opposite party fixed minimum balance as Rs.1,000/- for the saving bank account and therefore the complainant has been maintained more than Rs.1000/- in her account, but  the opposite party done withdrawal of minimum balance charges without knowledge of the complainant from 01.01.2015 to 01.07.2015.  When the complainant enquired about the same, she was informed to the opposite party that a minimum balance of Rs.1,000/- has to be maintained in the account, but the complainant has been maintained more than Rs.1000/- in her account.  Again the complainant had deposited Rs.2,000/- on 02.07.2015 and  her balance as Rs.2,640.46/- on the same day.  The complainant was maintaining more than Rs.2,000/- in her account but the opposite party has withdrawn minimum balance charges to the tune of Rs.1,289.48/-.  Therefore the complainant sent a legal notice on 11.07.2016 calling upon the opposite party to rectify the defect and to refund the unauthorized withdrawals with interest. But the opposite party does not care to reply for the same till now even though they have received the notice.  Hence the complainant prays for an order to direct the opposite party to pay Rs.1,289.48/- towards unauthorized withdrawal by the opposite party  with interest and to pay a sum of Rs.10,000/- towards transit and litigation expenses and to pay a sum of Rs.1,50,000/- towards mental agony and loss suffered to the complainant by the opposite party.

3. The brief contention of written version of the opposite party is as follows:-

The complainant is having a saving bank account –KVB Sakthi in A/c.1199177000000750 with customer ID No.8127017 is true and correct.  The complainant has not been maintaining the minimum balance of Rs.5000/- as per terms of the account. The complainant opened her account on 04.06.2012 and account number generated for the customer was 1199177000000750 which is premium product KVB-Shakthi account with average balance of Rs.5000/-.  The complainant has utilized the free D.D. facility on 05.12.12 &09.04.2013 and as such she availed the some benefits of the said account and as such the complainant is well aware of the nature of the account and minimum balance of the said account which she often failed to maintain and incurred minimum balance charges.  Initially account was opened with the balance of Rs.2000/- and subsequently the account was credited with Rs.3000/- on 06.06.2012 to bridge the shortfall for maintaining the minimum balance of Rs.5000/-.  Hence it is inferred that she has been informed that the minimum balance required to maintain was Rs.5000/- but she has sent a lawyer notice directing without visiting Branch Manager vide notice dated 11.07.2016, in which she has noted that branch informed minimum balance to be maintained was Rs.1000/-.  The opposite party regularly sending balance alerts to the complainant in the registered mobile number.  Hence she cannot refuse the fact that the account transactions and charges are duly informed to the customer regularly.  The opposite party after receipt of the legal notice tried to call the customer and requested to visit branch with the request letter and so that her complaint can be looked into and she never visited and replied to contact her advocate for the best reasons known to her. Therefore the opposite party never committed any deficiency in service and the minimum balance charges were deducted since the complainant have not been maintaining the minimum balance of Rs.5000/- as per her account norms which contains some special features like availing of free DD.  Therefore this forum may be pleased to dismiss the complaint with cost.

4.  In order to prove the case, on the side on the complainant, proof affidavit submitted for his evidence and Ex.A1 to Ex.A4 were marked.  While so, on the side of the opposite party, the proof affidavit is submitted as his evidence and Ex.B1 to Ex.B4 were marked and also adduced oral argument on both sides.

5. At this juncture, the points for determination before this Forum is as follows:-

(1)Whether there is any deficiency in service on the side of the opposite party as alleged in the complaint?

(2)Whether the complainant is entitled for relief as claimed in the complaint from the opposite party?

(3)  To what other reliefs, the complainant is entitled to?

6.Point Nos. 1& 2:-

There is no dispute between the parties that the complainant is having a saving bank account with KVB-Sakthi in the account No.1199177000000750 with customer ID No.8127017 from 04.06.2012.  The complainant alleged that the minimum balance had been fixed as Rs.1000/-by the opposite party. On the other hand, the opposite party contended that the minimum balance has been fixed as Rs.5000/-by the opposite party.  Therefore this forum has to find out whether the minimum balance has been fixed as Rs.1000/- or Rs.5000/-only. 

7. The opposite party has filed Ex.B1 in which it is clearly stated that KVB-SHAKTHI an Exclusive Savings Bank Product for Women, Launch on 01.10.2011, Product code No.177, Monthly average balance of Rs.5,000/- and initial deposit of Rs.1000/-.  Therefore the minimum balance is Rs.5,000/- as per circular issued by the KVB-SHAKTHI dated 16.09.2011. The complainant opened a saving bank account with the opposite party’s Branch on 04.06.2012.  Ex.A1 is the copy of pass book issued by the opposite party to the complainant, but the complainant has not filed the statement of account from 04.06.2012 to till 31.12.2014.  Ex.A1 contains statement for the period from 01.01.2015 to 01.07.2016. 

8. On the other hand, the opposite party has filed statement of account relating to the complainant from 04.06.2012 to 01.11.2016.  Ex.B3 and Ex.B4 are copy of statement of account.  As per Ex.B3 the complainant has opened her account on 04.06.2012 by depositing Rs.2000/- and thereafter the complainant deposited Rs.3000/- on 06.06.2012 and maintained the minimum balance as Rs.5000/- up to 09.09.2013 and therefore the complainant very well knows that the minimum balance is Rs.5000/-.  Further as per circular Ex.B1 issued by the opposite party the minimum balance for KVB-SHAKTHI account is Rs.5,000/- but the complainant has not maintained the balance and therefore as per rules of the opposite party deducted minimum balance charges.  The allegation that the opposite party charged deducted minimum balance charges without knowledge of the complainant and against the rules is unsustainable.  Hence there is no deficiency in service on the part of the opposite party and the complainant is not entitled for the reliefs as claimed in his complaint.  Thus the point No.1&2 are answered accordingly.

9. Point No.3:-

In the result, this complaint is dismissed.  No costs.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum on this 04^th October 2019.

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MEMBER-II                                         MEMBER-I                                              PRESIDENT

List of documents filed by the complainant:-

List of documents filed by the opposite party:-

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MEMBER-II                                         MEMBER-I                                              PRESIDENT