SMT. RAVI SUSHA: PRESIDENT

Complainant filed this complaint U/s 12 of Consumer Protection Act 1986, for getting an order directing opposite party to pay Rs.23,738/- which had been illegally taken from the complainant’s savings account without the consent and knowledge together with Rs.20,000/- towards compensation for the deficiency of service and mental agony suffered by the complainant and cost of the notice.

The brief facts of the case are that the complainant having 5 fixed deposits with the OP, City branch, Kannur and had been renewing them with accrued interest thereon on maturity.  For several years it was the practice of the complainant to renew the deposits and there was not a single instance where the bank had credited the savings bank account of the complainant with interest accrued on fixed deposits.  The complainant never gave instruction to the bank to credit his savings bank account with interest on fixed deposits.  But the complainant’s surprise he had received phone messages that the bank had transferred the interest accrued on 2 fixed deposits to his savings bank account and the bank had debited the said account to the tune of Rs.23,738/- without indicating why the debit was made.  There was no outstanding due to the bank from the complainant.  There is deficiency on the part of the bank in transferring the interest accrued on fixed deposits to his savings bank account debiting his account without his consent and without indicating the nature of debit.  The complainant had caused to send a registered lawyer notice dated 05/11/2018 to reverse the amount illegally debited.  The bank had received the notice on 12/11/2018 but neither sent any reply nor reversed the amount illegally transferred.  Hence this complaint.

After receiving notice, OP entered appearance through counsel and filed written version.  It is contended that complainant was the director of the OP bank and is the holder of SB account with city branch of OP bank.  Further stated that complainant had submitted a cheque having No.088696 of Rs.23,738/- in favour of KSFE for remitting the subscription amount of his chitty with KSFE.  OP had forwarded the said cheque to IDBI bank which is their clearing bank on 10/01/2017 and on that day itself IDBI bank has credited the amount to KSFE.   Due to the network error, the OP has not received the image from the IDBI Bank, so they could not debited the amount from the SB account of the complainant on that day itself.  It was only on 31/08/2018, the OP has received the image from the IDBI Bank.  Since there was no sufficient fund in the SB account of the complainant at that time, the OP had created a Suspense account with No.12292.  Thereafter on 27/09/2018, with the due consent of the complainant, the OP has transferred an amount of Rs.23,738/- from the accrued interest from the FD 13824 and FD 13812 and Closed the suspense account with was pending in the name of the complainant.  Further submitted that the complainant, being the Director of the OP bank had full knowledge about the entire transactions. The OP had credited only an amount of Rs.23,738/- from the complainant which was already paid by them to KSFE.  OP submitted that there is no deficiency in service on the part of OP bank and prayed for the dismissal of complaint.

            Both parties led their evidence.  Complainant filed his chief-affidavit and three documents.  He has been examined was Pw1 and marked the documents as Ext.A1 to A3.  On behalf of OP bank, General Manger of OP bank has filed her chief-affidavit with 12 documents.  She has been examined as Dw1 and marked the documents as Ext.B1 to B12.

            After that the learned counsels of complainant and OP filed their respective written argument notes.  We have perused the documents produced by both parties and also considered the submissions of both learned counsels of the parties. 

            The allegation of the complainant is that without the knowledge of the complainant OP bank debited an amount of Rs.23,738/- from his fixed deposits accrued interest kept at the OP bank at its city bank,  Kannur,  Complainant’s contention is that the said action of OP amounts to deficiency in service, hence filed this complaint for getting the amount Rs.23,738/- with compensation.

On the otherhand OP bank contended that the amount Rs.23,738 as alleged by complainant has transferred from the accrued interest from the  two FDs of complainant with the consent of the complainant and was used to close the suspense account which was pending in the name of the complianant.  OP bank has stated that the complainant had issued a cheque in favour of KSFE dated 03/01/2017 for an amount of Rs.23,738/-/- in order to pay subscription to KSFE.  OP had forwarded the said cheque to IDBI bank which is their clearing bank and on the same day itself IDBI bank has credited the amount to KSFE  but due to network error, OP has not received the image from IDBI, so OP could not debit the amount from the SB account of the complainant and it was only on 31/08/2018, OP has received the image from the IDBI Bank.  On that day since there was no sufficient fund in the SB Account of the complainant.  OP had created suspense account in the name of the complainant.  Thereafter on 27/09/2018 with the due  consent of the complainant, OP has transferred an amount of Rs.23,738/-  from the accrued interest from the two FD of the complainant and closed the suspense account which was pending in the name of the complainant.

            According to OP, complainant being the Director of the OP bank had full knowledge about the entire transaction.  Further contended that even though OP had paid the chitty subscription amount of complainant to KSFE for an on behalf the complainant on 10/01/2017, OP had credited only that much amount Rs.23,738/-  from the complainant on 27/09/2018.  OP has stated the incident of creating suspense account in the name of complainant and debit the accrued interest from the FD of complainant was happened due to the delay in getting the image of the cheque from the IDBI bank.  According to OP, without getting image from IDBI, they could not debited the amount from the SB account.  Further contended that complainant had full knowledge about the entire transaction.

            During cross-examination of complainant, he has admitted the fact that he has given cheque to OP bank on 03/01/2017 for remitting the subscription amount with KSFE and OP  bank remitted the amount to KSFE.  Further admitted that on 10/01/2017 KSFE has received his chitty amount of Rs.23,738/-.  Further admitted that OP bank has taken only Rs.23,738/-  from the account.  While cross-examining Pw1, the learned counsel of OP put a suggestion that in page 3, “IDBI ബാങ്കില് നിന്നും ചെക്കിന്റെ image വരാന് വൈകിയതുകൊണ്ടാണ് അക്കൌണ്ടില് നിന്ന് പണം debit ചെയ്യാന് വൈകിയത്?  No answer.  Further താങ്കളുടെ അക്കൌണ്ടില് നിന്ന് 27/09/2018നാണ് മേല് പറഞ്ഞ തുക OP debit ചെയ്തത്? No answer. Complainant alleged that OP bank had released the cheque amount after the expiry of the validity of the cheque ie after one year and 8 months of the date of cheque and the transfer of his account interest of FD without his knowledge amounts to deficiency in service on the part of OP bank.  According to complainant bank has not produced any evidence to show that they had transferred the interest to SB account with the consent of complainant.

            Here by considering the whole evidence, it can be seen that the bank had remitted the chitty subscription amount of complainant to KSFE in the due date on the basis of cheque submitted by the complainant and it can also be revealed that the OP bank had not debit any amount from the SB  account of complainant before 27/09/2018.  Complainant also admits that OP bank had received only the cheque amount 23,738/- from him.  Through Ext.B1 to B12, OP had proved the said facts.  Complainant has not furnished their passbook to show that his SB account has sufficiently amount to honour the cheque amount on the date of getting image to OP bank from IDBI bank ie on 31/08/2018.  It is an admitted fact that on 10/01/2017 the complainant’s SB account has sufficient amount.  But according to OP bank they could not debit the amount from SB account without getting image from the IDBI bank.  If there was sufficient amount in SB account on the date of getting image from IDBI bank, taking of accrued interest from the FD account would amount deficiency in service of OP.  Here, there was insufficient account in his SB account on the date of getting image from IDBI bank.  Complainant also admitted during evidence that pge4.    സാധാരണ ഗതിയില് ഏതെങ്കിലും കസ്റ്റമര് അക്കൌണ്ട് ടാലിയാവാതെ വരുംപോള് suspense അക്കൌണ്ട് ക്രീയേറ്റ് ചെയ്ത് പിന്നീട് എസ്.ബിയില് പണം വരുംപോള് അത്  suspense അക്കൌണ്ടിലേക്ക് മാറ്റി suspense അക്കൌണ്ട് ക്ലോസ് ചെയ്യുകയാണ് ചെയ്യാറ്?  അങ്ങനെ ആയിരിക്കും.  Further complainant has no case that he had remitted the cheque amount to OP bank for closing the suspense account created his name.  Ext.B4 shows that IDBI bank remitted the cheque amount of complainant OP bank contended that being a director board member, all the steps were informed to him and obtained his consent.

            From the whole evidence, we cannot blame the opposite party bank in transferring the interest amount of the FD account of complainant to SB account towards closing the suspense account pending in the complaint’s name.  Hence we are of the considered view that there is no deficiency in service on the part of OP bank.      

            In the result, the complaint fails and hence it is dismissed.  No order as to cost.

Exts

A1- Print out of phone message

A2-Copy of lawyer notice

A3-Acknowledgement card

B1-Copy of cheque dated 03/01/2017

B2-Account statement

B3-E-mail copy

B4-Current account status IDBI bank(with objection)

B5-Ledger statement

B6-Outstanding details for the period 27/09/2017 to 27/09/2018

B7-Ledger extract FD No.13812

B8- Ledger extract FD No.13812

B9-Account general report

B10-Subscriber ledger of KSFE

B11-Chitty personal ledger

B12-Resolution

Pw1-Complainant

Dw1-Roopa P-witness of OP

      Sd/                                                                          Sd/                                                     Sd/

PRESIDENT                                                                   MEMBER                                                   MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Assistant Registrar