Tamil Nadu

South Chennai

CC/186/2018

Anand Chellapa - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

Party in Person

06 Dec 2018

ORDER

                                                                      Date of Filing  : 10.01.2018

                                                                   Date of Order : 06.12.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

             

C.C. NO.186/2018

DATED THIS THURSDAY THE 06^TH DAY OF DECEMBER 2018

Anand Chellappa,

Represented by Mr. J. Chellappa, B.A., B.L., DLAL,                                                          Advocate and Father and PA Holder,

No.1, 9^th Trust Cross Street,

R.A. Puram,

Chennai – 600 028.                                                    .. Complainant

..Versus..

 

The Branch Manager,

State Bank of India – Santhome,

No.122, Santhome High Road,

Chennai - 600 028.                                                  .. Opposite party.

 

For complainant       :  Represented  by his Power of Attorney Opposite party         :  Exparte     

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 praying to pay of a sum of Rs.1,00,590/- towards compensation for mental agony, hardship and loss of peace to the complainant.

1. The averments of the complaint in brief are as follows:

The complainant submits that he is having NRI SB A/c No.32725492956 and NRE SB A/c No. 32725455528.   The complainant states that he is regularly operating the account and issued a cheque bearing No.636244 dated:10.07.2017 for Rs.100/- in NRI SB A/c No.32725492956 and  another cheque bearing No.636193 on the same day for a sum of Rs.50/- in NRE SB A/c No. 32725455528  in order to keep the account as effective operation.  But the opposite party deliberately dishonoured both the cheques and charged a sum of Rs.177/- each totalling of Rs.354/- as the charges towards dormant accounts.  The opposite party also charged a sum of Rs.218/- and Rs.168/- totalling of Rs.386/- towards return of cheque charges and debited from the respective accounts.  The dishonour of cheque and debit of charges including collection of amount towards dormant account categorically amounts to unfair trade practice and deficiency in service.  Even after repeated requests and demands, the opposite party has turned deaf ears.  Hence, the complainant issued legal notice dated:28.08.2017 and the same was received and acknowledged by the opposite party but has neither replied nor come forward to settle the demands of the complainant.  The act of the opposite party caused great mental agony.   Hence, the complaint is filed.

2.     Inspite of receipt of notice, the opposite party did not appear before this Forum and therefore, the opposite party was set Exparte.  

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to  Ex.A11  are marked. 

5.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs. Rs.1,00,590/- as compensation towards deficiency in service and mental agony with cost as prayed for?

6.      On point:-

The opposite party remained Exparte.  Heard the complainant’s Counsel also.  Perused the records namely the complaint, proof affidavit of complainant and documents.  The complainant pleaded and contended that he is having NRI SB A/c No.32725492956 as per Ex.A2 and NRE SB A/c No. 32725455528 as per Ex.A3.   Further the contention of the complainant is that he is regularly operating the account and issued a cheque bearing No.636244 dated:10.07.2017 for Rs.100/- as per Ex.A4 in NRI SB A/c No.32725492956 and  another cheque bearing No.636193 on the same day for a sum of Rs.50/- as per Ex.A5 in NRE SB A/c No. 32725455528  inorder to keep the account as effective operation.  But the opposite party deliberately dishonoured both the cheques and charged a sum of Rs.177/- each as per Ex.A6 & Ex.A7 totalling of Rs.354/- as the charges towards dormant accounts.  The opposite party also charged a sum of Rs.218/- as per Ex.A8 and Rs.168/- as per Ex.A9 totalling of Rs.386/- towards return of cheque charges and debited from the respective accounts.  The dishonour of cheque and debit of charges including collection of amount towards dormant account categorically amounts to unfair trade practice and deficiency in service since, it is an undisputed fact that the complainant is holding the account for the past five years.  Even after repeated requests and demands, the opposite party has turned deaf ears.  Hence, the complainant issued legal notice dated:28.08.2017 as per Ex.A10 and the same was received by the opposite party as per Ex.A11, acknowledged the same and has neither replied nor come forward to settle the demands of the complainant.  Hence, the complainant is constrained to file this case claiming compensation of Rs.1,00,000/- and refund of the amount wrongly debited from the accounts of the complainant.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall refund a sum of Rs.740/- with interest at the rate of 9% p.a. from the date of filing of this complaint (i.e.) 10.01.2018 to till the date of this order and a compensation of Rs.10,000/- with cost of Rs.5,000/-.

   In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.740/- (Rupees Seven hundred and forty only) along with interest at the rate of 9% p.a. from the date of filing of this complaint (i.e.) 10.01.2018 to till the date of this order (i.e.) 06.12.2018 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation of damages for mental agony with cost of Rs.5,000/- (Rupees Five thousand only.) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-Typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of December 2018. 

 

 

MEMBER –I                       MEMBER-II                              PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	29.12.2012	Copy of General Power of Attorney duly attested by a Notary
Ex.A2	22.12.2012	Copy of SB A/c No.32725492956 with SBI Santhome Branch
Ex.A3	22.12.2012	Copy of SB A/c No.32725455528 with SBI Santhome Branch
Ex.A4	10.07.2017	Copy of cheque No.636244 dated:10.07.2017 for Rs.100/-
Ex.A5	10.07.2017	Copy of cheque No.636193 dated:10.07.2017 for Rs.50/-
Ex.A6	11.07.2017	Copy of return cheque No.636244 dated:10.07.2017 by SBI to IOB Return charges Rs.118/- debited to his SB A/c 25449 with IOB
Ex.A7	11.07.2017	Copy of return cheque No.636193 dated:10.07.2017 by SBI to IOB Return charges Rs.118/- debited to his SB A/c 25449
Ex.A8	Extract from passbook	Copy of extract from passbook SB A/c No.32725455528
Ex.A9	Extract from passbook	Copy of extract from passbook SB A/c No.32725492956
Ex.A10	28.08.2017	Copy of legal  notice issued to the Branch Manager SBI Santhome Branch by RPAD
Ex.A11	30.08.2017	Copy of RPAD received by SBI

 

 

 

MEMBER –I                       MEMBER-II                              PRESIDENT