Tamil Nadu

North Chennai

CC/175/2016

M/S.Shri Renuka Mata multistate co perative - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

M.Arvind Kumar and Others

23 Aug 2022

ORDER

                                                                   Complaint presented on:24.10.2016                                                              

                                                                       Date of disposal         :23.08.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT:  THIRU. G.VINOBHA, M.A., B.L.                            : PRESIDENT

                     TMT. KAVITHA KANNAN,M.E.,                           : MEMBER-1

                                 THIRU V. RAMAMURTHY, B.A.B.L., PGDLA    : MEMBER II

 

C.C. No.175/2016

 

DATED THIS TUESDAY THE 23^rdDAY OF AUGUST 2022

 

M/s.ShriRenuka Mata Multistate

Co-operative Urban Cr.Society Ltd.,

Rep.By its CEO:Mr.Sandeep

Head Office at:Pipe Line Road,

Savedi, Ahmed Nagar, Mahrastra.

1.  

              

•  

 

Punjab National Bank,

Represented by its Senior Manager,

No.35, Mint Street,

Chennai-600 079.

1.  

 

Counsel for the complainant                  : M/s.M.Arvind Kumar and 3 others

 

Counsel for the opposite party              : M/s. S.RajeniRamadass and 3

                                                                   others

 

 

 

 

 

 

ORDER

THIRU. G.VINOBHA, M.A., B.L.      : PRESIDENT

 

          This complaint has been filed by the complainants against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to direct the opposite parties to credit the amount of Rs.10,38,134 with interest @ 18% p.a. from the date of debit in the account of the complainant bearing account no.252400210326753 and to pay an amount of Rs.7,00,000/- towards damages for the mental agony/harassment to the complainant.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted thatthe complainant having current account with opposite party bearing account No.252400210326753.  The complainant submitted that by its letter dated:16.12.2014, the complainant had brought to the notice of the opposite party that several types of transaction charges were debited directly in the account of the complainant and the debit had been for the period 18.11.2014 to 15.12.2014 and requested the opposite party to revise the debited amount in their account.  Subsequently a letter dated 23.03.2015 was given to the opposite party making a similar request for revising the debited amount. The complainant submitted that after receipt of the said letter reply was issued dated 26.03.2015 when it had informed that for the purpose of waiver of cash handling charges will be provided if the parameters referred to therein were fulfilled.  They had also assured to refund the balance of 25% cash handling charges in due course. The complainant further submitted that the opposite party by letter dated 02.05.2015 wherein it offered free facilities like cash handling charges, free remittance charges, free cheque book facility etc. to the complainant on the condition that the complainant shall maintain minimum balance of Rs.50 lakhs on an average in the current account. The complainant further submitted that the complainant maintained daily Rs.50 lakhs average balance in its account. Further the complainant had also made a fixed deposit of Rs.99,99,000/- with the opposite party.  The complainant maintained their current account balance as per the requirement of the opposite party in order to avail the free facilities as assured and offered by the opposite party vide its letter dated 02.05.2015, the opposite party had wrongfully debited cash handling charges of the complainant account during the period of 21.07.2015 to 29.09.2015 as detailed in letter dated 10.09.2015 and 05.10.2015.  The complainant submitted that by its letter dated 07.11.2015 requested the opposite party to credit the amount of Rs.10,38,134/-,  the opposite party had neither credited the amount nor replied the letter.  The complainant on 19.11.2015 had also issued a notice to opposite party to credit the amount of Rs.10,38,134/-. The complainant submitted that the opposite party wrongfully debited the account  of the complainant and made wrongful gain of Rs.10,38,134/-and caused mental agony/harassment and loss to the complainant.

2.WRITTEN VERSION OF OPPOSITE PARTY IN BRIEF:

  The opposite party in their written version states that the complaint is not maintainable in law and in facts and there is no lack of services.  They denied all the averments and allegations except those are specifically replied.  The wrong debiting of cash handling charges of Rs.10,38,134/- during the period of 21.07.2015 to 29.09.2015 is denied and further contended that the complainant had not maintain the required balance for waiver of cash handling charges and also RMD circular No.80/2014 dated 05.09.2014 and RMD circular No.32/2014 dated:15.03.2014 and denied the alleged deficiency in service on the part of opposite party.

 

3. POINTS FOR CONSIDERATION:

1. Whether there is any unfair trade practice and deficiency inservice on the part of opposite party ?
2. Whether the complainants are entitled to the reliefs prayed?  To what extent?

The complainant have filed proof affidavit as their evidence and documents Ex.A1 to Ex.A12 are marked on their side.The opposite party has filed proof affidavit and Ex.B1 to B3 document is marked on his side.

4.POINT NO :1

               The complainant is having a current bearing account No.252400210326753 with opposite party which is being operated from 18.11.2014 and as per the assurance given by the opposite party by letter dated 26.03.2015 which is marked as Ex.A4 the complainant was requested to maintain daily average balance in the account to the extent of Rs.1 crore and quarterly average of 3 to 5 crores and also to maintain a reasonable amount in the fixed deposit to avail the free cash handling charges and subsequently under Ex.A5 dated 02.05.2015 the opposite party offered the complainant to maintain minimum  balance of Rs.50 lakhs on an average always in the current account and to have a sizable amount in the fixed deposit to avail free cash handling charges and free cheque book facility charges etc., which mean maintain daily average balance of Rs.50 lakhs in the account. But according to the complainant though the complainant had deposited Rs.99,99,000/- by way of fixed deposit with the opposite party under Ex.A1 and though the complainant was maintaining average monthly balance of not less than Rs.50 lakhs  in the current account, but the opposite party wrongly debited cash handling charges from the complainant account from 21.07.2015 to 29.09.2015 as stated in Ex.A7 and A8 thus totally debited Rs.10,38,134/- from the complainant’s account which is against the assurance given by the opposite party and therefore prayed to credit that amount in to the complainant account with 18 % interest and also claimed damages.

                 5. The opposite party contended that the complainant was having account under PNB Platinum Scheme Code is CSMR4 and as per the scheme the user can avail free cash deposit charges only to a limit of Rs.10 lakhs which is mentioned in RMD circular NO.80/2014 dated:05.09.2014 marked as Ex.B1 further according to opposite party as per Ex.B2 circular of the bank dated 15.03.2014 and as per para.56(ii) in page no.16 of the said circular which explains about the charge and also about the cash handling charge and as per which charge deposit at all branches within same clearing center & city (other than base branch) for all type of accounts in Rs.1 per RS.1,000/- or part thereof with a minimum of Rs.2 per transaction. The opposite party further contended that by letter dated 02.05.2015 the bank advised the complainant to maintain minimum balance of Rs.50 laksh on an average in the current account and also to deposit the sizable amount in FD and according to the opposite party that the word average always means that each and every day the user has to maintain minimum balance of Rs.50 lakhs and also in the end of quarterly i.e. January to March , May to June, July to September and October to December but the complainant was irregular in maintaing minimum balance of Rs.50 lakhs as evidenced from the statement of account from 21.07.2015 to 29.09.2015 which is marked as Ex.B3 and therefore contended that the complainant is not entitled to avail free cash handling facility and hence there was no deficiency on the part of opposite party.   

                   6. The complainant having current account with the opposite party and the sending of the letters which were marked as Ex.A4 and A5 by the opposite party stating the parameters for availing free cash handling facility by the complainant were admitted by the opposite party. According to the complainant the opposite party ought not to have debited cash handling charges from 21.07.2015 to 29.09.2015 to the tune of Rs.10,38,134/- as per the above said letters since the complainant was maintaining Rs.50 lakhs on an average in his current account.  The complainant has also filed the account statement for August and September 2015 at the same time the  opposite party has also filed Ex.B3 statement of account for the period from 21.07.2015 to 29.09.2015 on perusal of Ex.B3 it is found that on 27.07.2015, 28.07.2015, 29.07.2015, 31.07.2015 and similarly in the month of August on 04.08.2015,11.08.2015,12.08.2015 and similarly in September on 03.09.2015,10.09.2015,11.09.2015 and on other various dates in the month august and September the daily balance amount in the complainant account is found to be less than Rs.50 lakhs.  Therefore, the argument of the complainant that he was maintaining Rs.50 lakhs in an average at the end of each month for the above said period cannot be acceptable. As per the circular of the bank as stated above and as per the letter marked as Ex.A4 and A5 the complainant has to maintain daily minimum balance of Rs.50 lakhs in his account which was not maintained by him and therefore the complainant cannot compel the opposite party to allow the complainant to have free cash facility and hence it is found that the opposite party has rightly debited the amount in the complainant account towards cash handling charges and it is found that there is no unfair trade practice and is no deficiency in service on the part of opposite party as alleged in the complaint. Point No.1 is answered accordingly.

7. Point No.2

            Based on findings given to the Point.No.1  there is no deficiency in service on the part of  Opposite party as alleged in the complaint.  Hence the complainant is not entitled to any of the reliefs claimed in the complaint. Point No.2 answered accordingly.

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

Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by usin the open Commission on this the 23^rd day of August 2022.

 

MEMBER – I                   MEMBER II                      PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	25.11.2014	Confirmation of deposit.
Ex.A2	23.03.2015	Letter by the complainant to opposite party.
Ex.A3	23.03.2015	Letter by the complainant to opposite party.
Ex.A4	26.03.2015	Letter by the opposite party to complainant.
Ex.A5	02.05.2015	Letter by the opposite party to complainant.
Ex.A6	17.07.2015	Letter by the complainant to opposite party.
Ex.A7	10.09.2015	Letter by the complainant to opposite party with statement.
Ex.A8	05.10.2015	Letter by the complainant to opposite party with statement.
Ex.A9	07.11.2015	Letter by the complainant to opposite party.
Ex.A10	19.11.2015	Legal notice by the complainant to opposite party.
Ex.A11	24.11.2015	Postal acknowledgement card.
Ex.A12	05.07.2016	Board resolution.

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE  OPPOSITE PARTY         

Ex.B1	05.09.2014	RMD circular No.80/2014
Ex.B2	15.03.2014	RMD circular No.32/2014
Ex.B3	21.07.2015 to 29.09.2015	Statement of Account.

 

 

MEMBER  I                       MEMBER II                                        PRESIDENT