Kerala

Kollam

CC/07/168

S.Kripalini,P.W.D.Enginner(Rtd.),Dwaraka,Puthenada - Complainant(s)

Versus

The Bank Manager, Mayyanad R.C.Bank Ltd. No.94 - Opp.Party(s)

30 Jul 2010

ORDER


Consumer Disputes Redressal ForumCivil Station,Kollam
Complaint Case No. CC/07/168
1. S.Kripalini,P.W.D.Enginner(Rtd.),Dwaraka,PuthenadaThekkevila.P.O.,Kollam-16 ...........Appellant(s)

Versus.
1. The Bank Manager, Mayyanad R.C.Bank Ltd. No.94Branch Madannada,Thekkevila.P.O.,Kollam-162. The Accountant, Mayyanad R.C.Bank Ltd. No.94, Branch MadannadaThekkevila.P.O., Kollam-16KollamKerala ...........Respondent(s)



BEFORE:

PRESENT :

Dated : 30 Jul 2010
JUDGEMENT

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O R D E R

 

R.Vijayakumar, Member.

 

 

        This is a complaint filed Under Section 12 of Consumer Protection Act.

 

 

       

(2)

The complainant’s case is that the first opposite party had paid only Rs.8236/- while closure of the account maintained by the complainant bearing Account No.1227 in favour of Athma Guru Mirco Finance Unit and illegally deducted Rs.3545/-.Deposits dated:05/01/06 Rs.760+ Rs.2000 and deposit dated:23.06.06 were not calculated in the account. While enquiry, the opposite party harassed the complainant it caused severe mental pain to the complainant. Hence the complaint is filed by the complainant for getting the balance amount Rs.3545/-, compensation for mental agony Rs.5000/-, other expenses Rs.1000/- and cost Rs.2500/-.

 

        The opposite parties case is that no amount due to the complainant. No harassment to the complaint by opposite parties. There was no willful negligence or deficiency in service on the part of opposite party. It is true that on 14.08.06 while calculating the balance amount an inadvertent clerical error was happened in the account register due to the mistake from the part of concerned clerk. He had mistaken by added the withdrawal amount instead of its

 

(3)

deduction and the balance amount had shown as Rs.12304/- instead of 10781/-. Such a type of mistake was happened in the month of January 2007 also. Those mistakes were corrected in the account register as well as in the passbook. It is true that some time has taken for rectification in the pass book. At the closure of account an amount of Rs.8356/- had been returned to the complainant as per Cheque.No.84660/.There is no unfair trade practice from the side of opposite parties. Hence the complaint is liable to be dismissed.

 

        The complainant filed affidavit. PW1 to P6 examined. Exhibit P1 to P3 marked. From the side of opposite parties DW1 examined. Exhibit D1 marked.

 

        The points that would arise for consideration are :

1. Whether there is any deficiency in service from the part of opposite party.

2. Compensation and cost.

 

 

 

(4)

Points 1& 2

        The main contention of the complainant is that the opposite parties illegally and intentionally deducted Rs.3545/- from the account of Athmaguru Charitable Society.

 

        We have perused all the documents in detail. On perusal of Ext P1 series we have noticed that there are some clerical mistakes in the entries. The amounts entered were also not in correct columns. Those mistakes would definitely create some doubts to a layman and the opposite parties are bound to clarify such doubts and to convince the account holders. Those mistakes were corrected by the opposite parties in passbook later.

 

        On the perusal of Ext.D1 we have convinced that there were no alterations or manipulations from the part of opposite parties as alleged by the complainant. The  mistakes were not intentional.

 

 

(5)

From the evidence now before us we are of the view that the complainant could not establish that opposite parties have committed negligence or unfair trade practice or any deficiency in service on the part of opposite parties.

 

In the result, the complaint is dismissed. No costs.

 

Dated this the 30th day of July 2010.      

                                                       Vijayakumaran    : Sd/-

                                                       Adv.Ravi Susha    :Sd/-

                                                       R.Vijayakumar     : Sd/-

                                                      // Forwarded by Order //

 

                                                          Senior Superintendent

Date of Filing : 14.05.2007

Date of Order :30.07.2010

 

 

 

 

(6)

 

INDEX

List of witness for complainant

PW1                         - Kripa Lalini

PW2                         - Leena Jayan

PW3                         - Nalin

PW4                         - Archana Babu

PW5                         - Balakrishnan

PW6                         -Prasannakumar

List of documents for complainant

P1                                 - Pass book ( 3 in Nos.)

P2                                 - Affidavit

P3                                   - Cash Receipt

List of witness for opposite party

DW1                         - R.Anilal

List of documents for opposite party

 

D1                            - Savings Bank Account Register