Orissa

Debagarh

Cc/19/2014

Kailash Ch. Agrawal - Complainant(s)

Versus

The B.M., Bank of India. - Opp.Party(s)

17 Oct 2014

ORDER

 

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH.

                                        C.D.CASE NO.21/2014.

Present: - Sri Prabhat Kant Dash, President, Smt. Arati Dash, Member (W), Sri Pratap Chandra Mahapatra, Member.

Kailash Chandra Agrawal,

S/O.Lt.Dulichanda Agrawal,

At/-College Road, Deogarh,

Post/Dist/-Deogarh.                                                             …                     Complainant.

                        Versus

The Branch Manager,

Bank of India, Deogarh,

At/Post/Dist/-Deogarh.                                                        …                     Opp.Parties.

 

            For the Complainant; - Nemo.

            For the Opp.Party     :- Sribatsa Mishra, T.K.Mahapatra, Advs.

            DATE OF HEARING; 19.12.2014, DATE OF ORDER; 19.12.2014.

SRI PRABHAT KANT DASH, PRESIDENT: - The complainant is a permanent resident of Deogarh Town and a consumer of Bank of India, Deogarh branch in which the O.P is the Branch Manager. The complainant as averted in the complaint petition is a S.B.Account holder bearing A/C.No.519610110000621 having Customer I.D.No.123768621. As per the complaint petition although by the time of opening of the S.B.Account the complainant furnish an application for availing of the ATM Card he was not issued the same for an inconsiderable period. The allegation is that, there is neither any intimation to the complainant regarding his ATM card nor any communication is made to him regarding the same and the Bank authority remained cypher. To the utter surprise of the complainant the Opp.Party unusually deducted various amount on different dates from the S.B.Account towards the main balance charges. There after due to curiosity the complainant enquired about the   deduction of the amounts in lack of intimation but the O.P did not give any suitable answer for the same and humiliated the complainant avoiding his approach. The complainant relied on the Xerox copy of the bank particular of the S.B.Account which was opened on dtd.23.07.2012 which shows that there was deduction of Rs.50/- on Dtd.1.7.2013 regarding ATM card maintenance charges and debit of different amounts for minimum balance charges. As the grievance of the complainant is meant for unusual deduction of ATM maintenance charges without delivery of the ATM card to the complainant we circumscribe the allegation to the same without going to decide the deduction of minimum balance charges.

                        The Opp. Party has appeared in the case through his advocate and filed written version for defending his case. In para -6(six)  of the written version the O.P asserted that the ATM was issued by the O.P in favour of the complainant as per applications of the complainant but  the complainant never turned up to the bank to receive the same ,In para-7 (seven)  the O.P has asserted that although there was deduction of all service charges like ATM maintenance and minimum balance etc. those deduction were due to the system prevails  of the bank as per the circular but as soon as the non-delivery of the ATM was  came to the knowledge of the Bank authority the amounts deducted was  reimburse to account of the complainant on dtd.18.8.2014 . The Opp.Party has relied on certain documents like Xerox copies of circular regarding annual maintenance charges for ATM-cum-Debit Card etc. In course of arguments the advocate for the Opp.Party also argued and filed certain citation showing that it was obligatory on the part of the complainant to receive the ATM card.

                        We have minutely observe the case of the complainant and the defense of the O.P so also we have perused the documents relied by both the parties. The documents relied by O.P otherwise supported the case of the complainant to the fact that the complainant is a bonafide consumer and there was no prior intimation to him for issuance of ATM card although the amount was deducted which amounted to deficiency in service. We are not convinced to the arguments as to how a consumer having his busy day living could able to be acquainted with the issuance of an ATM card without proper intimation to a consumer. We have found a latent irregularity in the system of the Bank which is not in consonance with the ethics of natural justice. Since , the complainant during arguments personally acknowledge that the deducted amount have been already  reimbursed to his account we have consider the case with a lenient view and do not inclined to imposed any compensation but we are very much concerned with the dilemma of a consumer who treated with utter ignorance caused by the faulty system of the bank and for the larger interest of the consumer we inclined to give an observation by way of direction to the O.P bank concerned in the following terms as depicted in the order .

                                                            ORDER

                        The O.P bank is directed to communicate the fact of issuance of ATM card to the concerned consumers by way of giving prior notice and intimation to them, hence forth. The O.P shall not deduct any amount relating to the ATM Card without giving prior intimation/notice to the consumers. To facilitate the same the O.P may consult with his higher authority for changing in the prevailing system or circular for issuance of ATM card and delivery of the same which may be reflected in the pass books of the consumers.

                        We concluded the case on the above observation and direction.

                        Office is directed to supply the free copy of this order to both the parties receiving acknowledgement.

                        The order pronounced in the open court today I,e,on  19^th day of December,2014 under my hand and seal of this forum.

I     agree,                                I      agree,

 

 

MEMBER.                   MEMBER.                                           PRESIDENT,

            Dictated and Corrected

                        By me.

 

 

                           PRESIDENT.