CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 19th day of January, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 16/06/2011
CC / 88 / 2011
N.K. Krishnadas,
S/o. A. Kunjiraman Nair (Late),
5/1195, Vishnubhadhra,
Ganesh Nagar, Kalpathy,
Palakkad – 678 003. - Complainant
(PARTY IN PERSON)
Vs
1. The Asst. General Manager,
SBT Regional Office,
Manjakkulam Road,
Palakkad.
(BY ADV. P.P. GOPALAKRISHNAN & M.P. AMBIKA)
2. The Chief Manager,
SBT Regional Office,
Manjakkulam Road,
Palakkad.
(BY ADV. P.P. GOPALAKRISHNAN & M.P. AMBIKA)
3. The Branch Manager,
SBT Walayar Branch,
Walayar, Palakkad - Opposite parties
(BY ADV. P.P. GOPALAKRISHNAN & M.P. AMBIKA)
O R D E R
BY SMT. SEENA.H, PRESIDENT
Complaint in brief:
Complainant availed a loan of Rs. 15,000/- from the opposite party bank. Monthly installments of Rs.550/- was deducted by the Employees Co-operative Society from the complainant's salary and was paid to the opposite party. On 29/05/2011 opposite parties deducted an amount of Rs. 2220/- (4 x 550) from the complainant's SB account. Later Rs. 1650/- was credited keeping a balance of Rs.550/-. It was intimated by the opposite party that the said amount was for the over due installments. Complaint has been filed before the higher authority of the bank on 01/06/2011. But no steps was taken to settle the grievance of the complainant. Hence the complainant prays for an order for refund of the amount of Rs. 550/- along with compensation.
Opposite party admit that the complainant has availed a loan and Employees Co-operative Society is remitting the installments. When the excess payment came to the notice of the bank, the same was immediately refunded to the complainant and only overdue amount of Rs. 550/- was retained by the bank. Accordingly opposite parties, there is no illegality in retaining the amount of Rs. 550/- since such recovery was made by the bank towards the installments due from the complainant.
Complainant and opposite parties has filed their respective chief affidavits. Ext. A1 to A5 marked on the side of the complainant and Ext. B1 marked on the side of the opposite party. Witness on the side of the opposite party examined as DW1.
Issues for consideration are:
1. Whether there is any deficiency in service on the part of the opposite parties? If so,
2. What is the relief and cost entitled to the complainant?
The grievance of the case is with respect to retaining of Rs. 550/- from Rs. 2,200/-, which was mistakenly deducted from the complainant's SB account. The stand of the bank is that it was the amount actually due to the opposite party and bank has the right to retain the same.
Heard both parties and has gone through the entire evidence on record.
Availing of loan is admitted by the opposite party. It is admitted by the opposite party that the amount of Rs. 2200/- was mistakenly deducted from the complainant on 29/05/2011, but Rs. 550/- was retained as it was the installment due to the opposite party. DW1, the Deputy Manager while cross examination has stated that it was the first installment which was due, but failed to answer on which account Rs. 486/- deducted on 10/11/2008 as seen in Ext. B1 is to be fitted into. For the question why bank has deducted an amount of Rs. 486/- instead of Rs. 550/-, it is further said that if only Rs. 486 is therein the balance in the SB account, bank can deducted the said amount only. Complainant produced Ext. A5 statement to show that there was sufficient balance at that time.
Further at the time of argument, the opposite parties submitted that during the pendency of the case, the complainant has closed the loan and Rs. 550/- was adjusted in the balance of the loan account. The complainant has admitted the same. Hence we find that the prayer for the refund of Rs. 550/- has become infructous.
For the reason that opposite party failed to give the proper explanation for the retaining of Rs. 550/-, we find deficiency in service on the part of opposite parties and the complainant is entitled for a nominal amount as compensation.
In the result complaint partly allowed. We direct the opposite parties to pay Rs. 750/- as compensation and Rs. 250/- as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 19th day of January, 2012
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of the complainant
Ext. A1 – Repayment Details (copy) sent by the 3rd opposite party to the Employees Co-operative Society dated 11/11/2008.
Ext. A2 – Account Statement (copy) of the complainant maintained by the opposite parties.
Ext. A3 – SBT ATM Customer Advice.
Ext. A4 – Complaint letter (copy) sent by the complainant to The Regional Manager, SBT dated 01/06/2011.
Ext. A5 –Account Statement (copy) of the complainant maintained by the opposite parties.
Exhibits marked on the side of the opposite parties
Ext. B1-Statement of Account of the complainant maintained by the opposite parties.
Witness examined on the side of the complainant
Nil.
Witness examined on the side of the opposite parties
DW1 – Prasenjeet Kumar
Cost allowed
Rs. 250/- (Rupees Two hundred and fifty only) allowed as cost of the proceedings.
