Judgment : Dt.15.2.2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Pavitra Shekhar Bose, alleging deficiency in service on the part of the opposite parties namely (1) T.C.A. Ranganathan and (2) Indian Overseas Bank.
Case of the Complainant in brief is that the Complainant and his mother who is a senior citizen are joint holders of a Savings Bank Account being No. 073901000005589 under the OP Bank. The Complainant has stated that he instructed the Bank to block any credit on the said Account. The Complainant has further stated that he became traumatized to find that on 10.11.2016 an amount of Rs.6,000/- was credited to his account by cheque No.464727 dishonouring his instruction for blocking the same. Correspondences made to the Bank yielded no fruitful result. Accordingly, the Complainant has prayed for direction upon the OP Bank to erase any credit from showing on the Complainants account and to pay Rs.20,00,000/- towards compensation.
OPs appeared and contested he case by filing written version stating inter alia that the cheque in dispute was deposited in the drop box on 8.11.2016 the date on which demonetizion was declared by Central Govt., was sent for clearance on 9.11.2016. The alleged incident was happened due to human error but the OP Bank rectified the same by reversing the credit.
Points for determination –
- Whether this case is maintainable before this Forum in its present form.
- Whether there is deficiency in service on the part of the OPs.
- Whether the Complainant is entitled to get relief as prayed for.
Decision with reasons
Point No.1
The Complainant has alleged non-compliance of his instruction as to block any Credit in respect of a Savings Bank Account to which he is one of the joint holders. It is, however, observed that other holder of the said Account has not been made party to the instant case. Hence, this petition of complaint suffers from non-joinder of necessary party.
Moreover, Section 11 (1) of the C.P.Act runs as – “the District Forum shall have jurisdiction to entertain case where the value of goods or services and compensation claimed does not exceed Rs.twenty lakh”.
In the instant case, value of service is Rs.6,000/- and relief claimed in form of compensation towards Rs.20,00,000/-. Summing up those amounts (i.e. Rs.6,000/- + Rs.20,00,000/- = Rs.20,06,000/-) exceeds rupees twenty lakhs and, therefore, this Forum does not have jurisdiction to entertain the instant case.
In the result, the complaint case does not succeed.
Hence,
Ordered
that the instant Consumer Complaint being NO.CC/343/2017 is dismissed being not maintainable.
