By ADV. RAVI SUSHA, MEMBER<br /> <br /> The complaint is filed by the complainant for getting the balance amount of Rs.10,046.02 in SB Account and compensation and costs.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The complainant is a house wife and she is maintaining an ordinary Savings Bank Account with Syndicate Bank, Kundara Branch bearing A/c. No.45022010046557. At the time of opening of the account the complainant was residing at Valuvila Puthen Veedu, Karikuahi, Padappakkara and presently at the address given about. On 18.7.2005 the complainant remitted Rs.10,000/- in her account and got the pass book updated and the balance amount standing to her credit in the account was shown as Rs.10,046.02 including the remittance of Rs.10,000/- During the month of November 2005, the complainant approached the opp.party Bank for withdrawing Rs.5,000/- from her account with the pass book, to her surprise it was informed by the Bank authorities that the account is not having sufficient balance to make payment of Rs.5,000/-Further the Bank had unauthorizedly without notice to the complainant debited service charges of Rs.22.04 on 22.9.04 and Rs.231.42 on seven occasions @ Rs.33.06 per month for the period from 4.1.2005 to 30.6.2005. The total debit of Rs.253.46 in this regard is not legally sustainable. The actions of the opp.party Bank are against the code of ethics prescribed by the Reserve Bank of India. The unauthorized debits in the complainant’s account is the result of deficiency in service on the part of the opp.party. Hence filed this complaint for getting relief.<br /> <br /> Opp.party filed version contending, interalia, Mrs. Seraffi, D/s. Smt.Karmala, Chirayil Veedu, Cherrykonam, Kannanalloor, Kollam is not maintaining the SB Account No.4502-201 46557 with the opp.party. At the time of opening the Account No.4502-201 46557, the address furnished by the Account holder to the opp.party was Mrs. Seraffi, Valuvila Puthen Veedu, Karikuzhy, Padappakkara and the abovesaid account is maintaining the same address. If the account holder had changed her address she should have intimated the change of address to the opp.party immediately but in this case the account holder has not informed the change of address to the opp.party till date. On 23.7.2005 the account holder came over to the opp.party Bank and had withdrawn Rs.9,000/- from her account as per withdrawal slip signed by her and there is a balance of Rs.1,046/- in her account. The opp.party Bank is keeping true and correct account of all transactions that the account holder is having with the opp.party and as per the true and correct account maintained by the opp.party as on date the outstanding balance in A/c.No.4502-201 46557 is Rs.11060.40] After withdrawing Rs.9,000/- from her account the complainant came over to the opp.party Bank and enquired the balance in her account. The concerned officer of the opp.party Bank informed her that after the withdrawal of Rs.9,000/- on 23.7.2005 through the withdrawal slip signed by her, she is having a balance of Rs.1046/- in her account and she was satisfied of the same. On receipt of the Registered Lawyer’s Notice issued by the complainant. Opposite party issued reply notice through their Lawyer stating all true state of affairs. The opp.party bank will usually permit account holders to withdraw amounts from her account if there is sufficient balance even in the absence of Pass Book and record the entry in the Pass Book on production of Pass Book later. The abovesaid practice is normally done due to the Bank customer relationship, confidence and more over to avoid unnecessary practical difficulties of customers. The opp.party is doing best service to the customers taking reasonable care and caution. There is no misappropriation or fraud or foul play on the part of the opp.party. There was no fraudulent and unauthorized withdrawal from the account of the complainant. The opp.party had performed all services as per the code of ethics prescribed by Reserve Bank of India. All acts done by the opp.party is bonafide and is legal. The opp.party never made any unauthorized debits or erroneous debits in the account of the complainant. There is no negligence or malafides on the part of the opp.party in rendering service to the complainant. There is no deficiency in service on the part of the opp.party and prays for dismissal of the complaint.<br /> <br /> <br /> The points that would arise for consideration are:<br /> <br /> <br /> 1. Whether there is any deficiency in service on the part of the opp.party.<br /> 2. Reliefs and cost.<br /> <br /> For the complainant PW.1 is examined. Ext.P1 to P3 are marked.<br /> <br /> For the opp.party DW.1 is examined. Ext. D1 to D4 are marked.<br /> <br /> The complainant’s case is that on 18.7.2005 she had remitted Rs.10,000/- in her account with the opp.party Bank. During the month of 2005 she approached the opp.party bank for withdrawing Rs.5000/-. Then the opp.party Bank informed that the account is not having sufficient balance to make payment of Rs.5000/-. Opp.party’s main contention is that on 23.7.2005 the complainant had withdrawn Rs.9,000/- from her account as per withdrawal slip signed by her and there is only a balance of Rs.1046/- in her account.<br /> <br /> Here the point to be decided is that what was the balance amount in account of the complainant with the opp.party bank during the month of November 2005, the date on which the complainant approached the opp.party bank for withdrawing Rs.5000/- from her account. According to the opp.party, on 23.7.2005, the complainant had withdrawn Rs.9,000/- from her account and there is a balance of Rs.1046/- in her account. For proving the said contention the opp.party produced Ext.D1. During evidence the complainant denied her signature shown in Ext.D1. But on verifying the complainant’s signature in the complaint, Vakalath, deposition, we are of the opinion that the signature shown in Ext.D1 is the signature non other than the complainant’s signature. Hence after withdrawing Rs.9,000/- from the account, the complaint could not get Rs.5,000/- from her account with the opp. bank as there is a balance of Rs.1046/- in her account. In the light of entire evidence adduced by both the parties, we are of the view that the complaint is not entitled to get relief as prayed in the complaint.<br /> <br /> <br /> <br /> <br /> In the result the complaint fails and the same hereby dismissed without cost.<br /> <br /> <br /> Dated this the 19th day of July, 2008.<br /> <br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant <br /> PW.1. – Serafi<br /> <br /> List of documents for the complainant<br /> P1. – Photocopy of Advocate Notice and Postal receipt<br /> P2. – Acknowledgement card<br /> P3. – Pass book<br /> <br /> List of witnesses for the opp.party<br /> DW.1. – Gopinath<br /> <br /> List of documents for the opp.party<br /> D1. – Withdrawal slip<br /> D2. – Reply notice<br /> D3. – Postal receipt<br /> D4. – Acknowledgement card. <br />