Per Justice Mr.S.B.Mhase, Hon'ble President:

This is an application for restoration of appeal.  It is to be noted that as against the decision of complaint no.106/2008 passed by District Consumer Disputes Redressal Forum, Solapur,  First Appeal no.1352/2008 was filed.  In the said appeal there is delay of 5 days.  Therefore M.A.no.1907/2008 was filed at the time of filing the appeal.  Said misc.application was decided by State Commission on 02/02/2009 and delay in filing the appeal was condoned subject to payment of cost of Rs.500/-.  Thereafter, appeal appeared before State Commission on 28/04/2009.  On that day appellants were not present.  State Commission found that there is no evidence on record to show that amount of Rs.500/- was paid by the appellant and having found that there is non-compliance of the order passed in delay condonation application, appeal was dismissed.  Thereafter, present application for restoration of appeals is filed. 

The contention of the applicant is that on 06/02/2009 i.e. after order passed on 02/02/2009 in delay condonation application, an amount of Rs.500/- was paid to the Superintendent of the State Commission and Superintendent has made an endorsements: 1.“Certified Copy (free)” 2.Received Rs.500/- on order dated 02/02/2009 of M.A.no.1907/2008   and it was supplied to the appellant.  We have found that there is endorsement that amount of cost was paid to that effect.  On inquiry, the then Superintendent has also stated that amount is received and credited to the Legal Aid account of this Commission.  What we find is that, that this aspect has not been brought to the notice on 20/04/2009 when the appeal was dismissed for default.  However, that is because the appellants were absent.  Now, we have realized that amount of cost is paid.  Having found that cost is paid, there is a case for restoration.  We allowed said application.  Order dated 20/04/2009 is hereby recalled.  Appeal is restored to its original position.

          Since the appeal is pending for admission since 2008, we have heard both the advocates on the admission.

This appeal takes an exception to an order passed by District Consumer Disputes Redressal Forum, Solpaur in consumer complaint no.106/2008  dated 26/08/2008.  The respondent is org.complainant while opponent is org.opp.party.  The appellant/opponent is directed to pay an amount of Rs.1,10,202/- with interest @9% p.a. from 07/05/2008.  They are further directed to pay an amount of Rs.2,000/- for deficiency in service and towards the cost Rs.1,000/- was directed to be paid.  All these amounts were directed to be paid within period of 30 days and if not paid the complainant was/is entitled to have interest @12% p.a.  The admitted facts are as follows:

          The complainant-bank was having current account in different branches of appellant and while transferring the amounts from one current account to another account the appellant has recovered charges known as

“ Inter Sol Transaction charges” and thus, have recovered an amount of Rs.1,10,202/-.  The grievance made by the complainant is that such amount cannot be recovered.  Appellant has contended that as per the terms and conditions when the account was opened by the complainant, it was agreed that such amount will be deducted and accordingly charges were deducted.  However, it is important to note that one of the branch of the appellant, namely, Latur Branch, they initially have deducted an amount of Rs.28,058/- towards “ Inter Sol Transaction charges” have subsequently transferred said amount and thus, it s accepted position on record that said grievance was accepted by the bank and amount was paid.  Under these circumstances, appellant are stopped from contenting that they are entitled to recover such charges.  We find that for a transfer of amount from one account to another account of the depositor such amount cannot be recovered. 

After going through the order of District Consumer Disputes Redressal Forum, we find that this issue has been properly dealt with and order has been rightly passed by it with sound reasons.  No interference is required. Appeal filed by the appellant is without any merits.  It is hereby rejected.  Hence, we pass the following order:- 

                                      :-ORDER-: 

1.                 Appeal stands rejected.

2.                 No order as to costs.

3.                 Dictated on dais in presence of parties.

4.                 Copies of the order herein be furnished to the parties as per rules.