Orissa

Baleshwar

CC/36/2015

M/s. Anchal, Prop. Mr. Mahesh Kumar Khandelwal, aged 39 years - Complainant(s)

Versus

The Branch Manager, State Bank of India, Soro Branch - Opp.Party(s)

Sj. Rajanikanta Nayak & Others

24 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/36/2015
( Date of Filing : 02 Mar 2015 )
 
1. M/s. Anchal, Prop. Mr. Mahesh Kumar Khandelwal, aged 39 years
S/o. Giridhari Lal Khandelwal, At- Adanga Bazar, P.O/P.S- Soro, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. The Branch Manager, State Bank of India, Soro Branch
At/P.O/P.S- Soro, Dist- Balasore-756045.
Odisha
2. The Zonal Manager, State Bank of India, Bhubaneswar
Rasulgarh, Bhubaneswar.
Khordha
Odisha
3. The Regional Manager, Regional Business Office, State Bank of India, Bhubaneswar
Near Capital Police Station, Bhubaneswar.
Khordha
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHANTANU KUMAR DASH PRESIDENT
 HON'BLE MR. SARAT CHANDRA PANDA MEMBER
 
For the Complainant:Sj. Rajanikanta Nayak & Others, Advocate
For the Opp. Party:
Dated : 24 Jul 2017
Final Order / Judgement

                         The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Branch Manager, State Bank of India, Soro Branch, Soro, Balasore, O.P No.2 is the Zonal Manager, State Bank of India, Rasulgarh, Bhubaneswar and O.P No.3 is the Regional Manager, Regional Business Office, State Bank of India, Bhubaneswar.

                    1. Factual matrix of the dispute is that the Complainant is a SME Power gain Account holder bearing Account No.33126235540 under the O.Ps as per terms and conditions such as to maintain average balance of Rs.1.00 Lakh (Rupees One Lakh only) with unlimited cash deposit and also having a Cloth Store namely M/s. Anchal at Soro Market, Balasore. All the business transactions were being routed through this above said account by the Complainant and by the retailers to whom the Complainant has supplied with clothes and garments. Accordingly, the Complainant had informed his above said account number to all his business personnel, who otherwise tied up with the business of the Complainant. But, suddenly the O.P No.1 stopped all facilities violating terms and conditions without giving any proper notice to the Complainant, which hampered business of the Complainant. The O.Ps further debited Rs.6,000/- (Rupees Six Thousand only) from the account of the Complainant @ Rs.2,000/- (Rupees Two Thousand only) per quarter i.e. on 30.06.2014, 30.09.2014 and 31.12.2014 for non-maintenance of QAB (Quarterly Average Balance) of Rs.1.00 Lakh (Rupees One Lakh only) by the Complainant. Thus, the Complainant requested to O.P No.1 to continue the said account without charging any penalty for non-maintenance of QAB, but the O.P No.1 denied to settle the matter, thereby the Complainant suffered a lot without any fault of him. Accordingly, the Complainant served legal notice to the O.Ps through his Advocate on 02.02.2015 with a request to solve the problem of the Complainant. But, the O.P No.1 and 3 did not take any step in the matter, even after receipt of said notice, which amounts to deficiency of service by the O.Ps. The prayer of the Complainant is for refund of Rs.6,000/- (Rupees Six Thousand only) already levied by O.Ps along with compensation for mental agony and loss of business and continuance of above said account in the name of the Complainant.

                    2. Though the O.Ps appeared in the case, but did not file their written version within the statutory period, so the O.Ps are set ex-parte.

                    3. In view of the above averments of the Complainant to substantiate his claim, he has filed Statement of Account only in his support. Perused the same. It has been argued on behalf of the Complainant that he is a SME Power gain Account holder of O.P No.1-SBI, Soro Branch bearing Account No.33126235540. From such account, Rs.6,000/- (Rupees Six Thousand only) has been deducted on different dates i.e. on 30.06.2014, 30.09.2014 and on 31.12.2014, which is totally illegal and in spite of several request to the Bank Authority to continue his account without charging any penalty for non-maintenance of minimum Quarterly Average Balance, the O.Ps did not hear it. The Complainant has failed to apprise the Forum that which Law has been violated by the O.Ps in maintaining his account by deducting amount for non-maintenance of minimum Quarterly Average Balance. In this case, the O.Ps have been set ex-parte. So, no clear picture from the side of O.Ps in this regard has been come to the case record. However, from the materials available in the case record, we also found no specific irregularities on the part of the O.Ps-Bank Authority for deducing the required amount from his account for non-maintenance of minimum Quarterly Average Balance. However, the Complainant is running his business with this account, so the continuance of this account is required and accordingly, the Bank Authority is to follow the guidelines available for continuance of such account and for the interest of justice, no cost and compensation is to be paid to the Complainant. Hence, Ordered:-   

                                                     O R D E R

                         The Consumer case is allowed in part on ex-parte against the O.Ps without any cost. The O.Ps-Bank Authorities are directed to continue the account of the Complainant bearing Account No. 33126235540, subject to fulfillment of the procedures/ guidelines laid down for operation and continuation of such account.  

                         Pronounced in the open Forum on this day i.e. the 24th day of July, 2017 given under my Signature & Seal of the Forum.

 
 
[HON'BLE MR. SHANTANU KUMAR DASH]
PRESIDENT
 
[HON'BLE MR. SARAT CHANDRA PANDA]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.