Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.12.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay the deducted amount of Rs. 5,000/- ( Rs. Five Thousand only ) along with 18% interest.
- To direct the opposite party to pay Rs. 60,000/- ( Rs. Sixty Thousand only ) as compensation and cost for mental harassment etc.
- To direct the opposite party to pay Rs.24,000/- ( Rs. Twenty Four Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has saving account in opposite party no. bank bearing no. 387010100011671. The complainant when recently updated his account he found that Rs. 4,494.40/- was deducted from his account and when he contacted thebank authorities and given reference of Reserve Bank of India circular regarding non deduction of any amount from dormant account or maintaining minimum balance account they did not take care. Thereafter the complainant sent legal notice to opposite party.
It has been further asserted by the complainant that said bank had enhanced balance amount from Rs. 1,000/- to Rs. 10,000/- without any information to complainant and other customers.
It has been further asserted by the complainant that on 25.03.2010 the complainant applied for issuance of fixed deposit certificate amounting to Rs. 40,000/- for a period of one year vide cheque no. 17477. The said bank ( opposite party no. 1) had withdrawn Rs. 40,000/- from complainant’s saving account on 25.03.2010 but the fixed deposit certificate was issued on 07.04.2010 but when the complainant requested the bank to correct the date of fixed deposit certificate from 07.04.2010 to 25.03.2010, the bank refused. Then the complainant withdrew his aforesaid amount on 09.04.2014 putting him under financial loss and mental torture.
From record it appears that on behalf of opposite party a vakalatnama was filed on 12.01.2015 but no written statement was filed and as such this case was heard ex parte.
Heard the learned counsel for the complainant and perused the record.
The only grievance of the complainant is that the opposite party has deducted Rs. 4,494.40/- from the account of complainant against the circular of Reserve Bank of India. The next grievance of the complainant is that when the date of issuance of certificate was not corrected, then complainant was forced to withdraw his fixed deposit on 09.04.2014.
As there is no written statement from opposite party hence we have no option but to accept the fact asserted by complainant on oath.
From bare perusal of conduct of opposite party as alleged by the complainant it appears that same has resulted in mental agony and harassment to the complainant forcing him to approach this forum which appears to be serious deficiency.
We have considered the entire matter very seriously. We are not aware whether the Reserve Bank of India circular which the complainant has mentioned, was in force on the day of deduction of Rs. 4,494.40/- from the account of the complainant or not.
Hence we direct the complainant to file a representation to opposite party with copy of Reserve Bank of India circular within the period of one month from the date of receipt of this order or certified copy of this order and when such representation is filed then the opposite party no. 1 will pass appropriate order on the aforesaid representation within the period of one month from the date of filing of representation of the complainant failing which opposite party no. 1 will have to pay Rs. 50/- per day for delay till the order is passed.
It is needless to say that if the conduct of the Bank in deducting Rs. 4,494.40/- from the account of complainant is against the direction of Reserve Bank of India then the opposite party ( i.e. bank ) will return the aforesaid amount to the saving account of the complainant along with 10% interest.
With the aforesaid observation this complaint stands disposed off in the light of aforementioned direction.
Member President
