By G. Yadunadhan, President:

 

            The case of the complainant is that the complainant is the account holder and also a permanent customer of the opposite party. On 20-4-2007 the complainant deposited an amount of Rs.4000/- in the opposite party’s bank. In the Meanwhile complainant presented several cheques for collection through the above account. For that purpose the opposite party charged service charge. On 28-10-2008 when the complainant approached the office of the opposite party at Thiruvambadi for withdrawing the amount, the opposite party says to the complainant that there is no balance in the complainant’s account. Now the opposite party says that the complainant’s account became zero balance. By hearing the existing words of the opposite party the complainant became surprise. The opposite party says that they have deducted Rs.1000/- each on three occasions without intimating or informing the complainant.. The opposite party without intimating the complainant on three occasions deducted Rs.3000/- from the account of the complainant without any justice. All this act of the opposite party caused much mental agony, untold injuries and financial loss to the complainant. Hence complainant seeking relief against opposite party to direct the opposite party to pay Rs.25000/- to the complainant and also to pay a cost of Rs.3000/-.

 

            Opposite party after serving notice entered in appearance and stating that it is correct to state that the complainant is a current account holder of opposite party and it is equally correct to say that the opposite party had deducted an amount of Rs.3000/- from his account towards bank charges. On three occasions without intimating him and without any notice to him etc. as claimed in the complaint is incorrect and it is not true  to state that there is deficiency of service and has caused mental agony and financial loss to the tune of Rs.25000/- along with Rs.3000/- being the amount deducted from his account. Further states that, the complainant has presented number of cheques for collection and for which the opposite party collected charges from his account as per the norms issued by the Reserve Bank only. The complainant had failed to maintain the minimum balance in the current account as per the norms and guidelines of the bank. The complainant was intimated on several occasions regarding the necessity to maintain the minimum balance which was never complied by him which resulted the deduction of bank charges as required. There is no deficiency of service or negligence on the part of the opposite party as alleged. Therefore the complainant is not entitled to get any order as prayed in the complaint.

 

            The points for consideration (1) whether any deficiency on the part of opposite party? (2) Whether complainant is entitled to get any compensation, if so what is relief and cost?

 

            The complainant was examined as PW1 and Ext.A1 to A4 were marked and opposite party was examined as RW1 and Ext.B1 toB3 were marked.

 

            On perusal of Ext.A1 it shows that the complainant is a good customer of the opposite party. The amount of Rs.4000/- deposited by the complainant is also admitted. So the question is whether the opposite party has right to collect service charge or any other charges without the consent of the account holder. The fact and circumstances of the case the opposite party has no right to collect the amount without any consent of the complainant. In other words opposite party should intimate by writing to the complainant with regards the deduction of the amount from his account that was not done in this case. While cross examining the opposite party, opposite party deposed that every three months Rs.1000/- would be deducted from the account if the account holder having less than Rs.5000/- in his account. No documents produced by the opposite party in this regard since the account of the complainant is a current account in ordinary course account holder maintained the account with minimum balance of Rs.1000/-. In this case opposite party categorically stressing that the minimum balance must have Rs.5000/-. But it was not intimated to the complainant by orally or by writing why opposite party reluctant to intimate the norms of the current account to the account holder, there is no explanation by the opposite party. It is a clear deficiency of service on the part of opposite party. Therefore opposite party is directed to redeposit the amount which already been collected from the account of the complainant due to non-keeping of minimum balance in the account and also directed to pay a compensation of Rs.5000/- to the complainant along with cost of Rs.500/-. Comply the order within one month.

 

Pronounced in the open court this the Ist day of February 2011.

Date of filing: 09.01.2009.

 

            SD/-PRESIDENT                    SD/-MEMBER            SD/-MEMBER

 

 

 

 

 

 

 

 

 

APPENDIX

 

Documents exhibited for the complainant:

A1. Photocopy of Invoice letter from the opposite party to the complainant 

      dtd.20.10.2008.

A2. Copy of lawyer notice dtd.03.11.2008.

A3. Photocopy of postal receipt dtd.03.11.2008.

A4. Acknowledgement card sign by the opposite party dtd.04.11.2008.

 

Documents exhibited for the opposite party:

B1.Circular of South Indian Bank Ltd dtd. 07.11.2006 regarding the revision of charges  

      effective from 15.11.2006.

B2.Reply of lawyer notice dtd.17.12.2008.

B3. Statement of account for 19.06.2006 to 16.08.2010.

 

Witness examined for the complainant:

PW1.Jijimon.K.Thomas(Complainant)

 

Witness examined for the opposite party:

RW1.Jayapalan, Manager, South Indian Bank Ltd, Thiruvambadi.

 

                                                                                                             Sd/- President.

 

   //True copy//

 

(Forwarded/By Order)

 

 

 

SENIOR SUPERINTENDENT.