Complaint filed on: 31.07.2015

Complaint Disposed on:14.12.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.

COMPLAINT NO.109/2015

DATED THIS THE 14^th DAY OF DECEMBER 2016

:PRESENT:

HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT

HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER

HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER

COMPLAINANT:

Smt. Nisha Francis,

W/o Sri. Francis George,

Aged about 40 years,

M/s Joy Coffee Curing Works,

R/o No.198A/4, Rathnagiri Extn.,

Chikmagalur City.

Rep. by her GPA holder

Sri. Santhosh S/o Suba Devadiga,

Aged about 25 years,

R/o Joy Coffee Curing Works

Uppalli, Hirekolale Road,

Chikmgalur.

(By Sri/Smt. M.K.Ramesh, Advocate)

V/s

OPPONENT:

The Manager,

M/s Axis Bank Limited,

Basavanahlli Main Road,

Chikmagalur Branch,

Chikmagalur.

(By Sri/Smt. Halekote A.Thejaswi, Advocate)

By Hon’ble President Sri. Ravishankar,

:O R D E R:

The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in collecting excess charges to the tune of Rs.18,949/-.  Hence, prays for direction against the OP to refund an amount of Rs.18,949.50 with interest @ 18% to his account along with compensation of Rs.15,000/- for deficiency in service. 

2.     The brief facts of the complaint is that:

The complainant is an account holder of OP/Bank bearing account No.914010000283701 since from long years and she is ding huge transactions with OP/Bank for so many years.  Such being the case, the OP/Bank unnecessarily without any valid reasons and grounds have intentionally deducted Rs.18,949.50 from the account of the complainant on different occasions illegally and to gain wrongfully.  But the OP has not explained the reason for debiting the said amount on different dates.  The OP/Bank has no right to utilize the said amount of the complainant by debiting the said amount without her knowledge.  In this regard, the complainant requested the OP on several occasions to credit the said amount to the account of the complainant.  But the OP in spite of repeated requests has not credited the same to the account of the complainant and OP/Bank intentionally prolonged to credit the amount into the account without any valid reasons.  But the OP/Bank whenever demanded for credit of the said amount, the OP/Bank has given false assurance to credit the said amount.  But so far the OP/Bank has not credited the said amount.  Hence, the OP rendered a deficiency in service in debiting the amount of Rs.18,649.50 on different dates without any reasons.  Hence, prays for direction against the OP to credit the said amount along with compensation for deficiency in service as prayed above. 

3.     After service of notice the OP appeared through his counsel and filed version and contended that the complainant has an account with this OP/Bank vide account No.914010000283701 and she is doing huge transactions in the said account.  But they have not deducted any amount under different dates illegally as alleged by the complainant.

        The OP further contended that the complainant has submitted Saving Bank account form on 01/01/2014 to this OP/Bank under scheme SBEZY.  As per the terms and conditions of the said scheme, the monthly free transactions limit is Rs.10,00,000/- or first five transactions whichever is earlier and beyond monthly free transaction limits a fee of Rs.4/- per Rs.1,000/- or Rs.100/- whichever is higher will be levied.  Admittedly the complainant was doing transactions beyond her free monthly transaction limit.  Hence, this OP has debited the charges as per the terms and conditions of the scheme from her account and further the OP contended that as per the terms and conditions of the said scheme the complainant has authorized this OP/Bank to withdraw/deduct the amount in her account as service taxes as applicable will be levied on all fees.  The tariffs and Tructure-Prime Accounts (Non Salary) is as follows:-

As per the said tariff they have collected the said amounts on different dates and further the complainant has maintained minimum of balance of Rs.750/- in her account and Bank has charged for the same.  Further as per the scheme SBEZY service tax also charged on all fees.  Hence, there is no any deficiency in service on the part of this OP.

        OP further contended that U/s 171 of Indian Contract Act, this OP can exercise General Lien in case of failure to repay the other debits or dues of the Bank and same is valid and at the same time the complainant also authorized this OP/Bank as per the terms and condition Nos. 3 & 4 of the scheme.  Hence, they have deducted the said amount and submits no deficiency in service and prays for dismissal of the complaint.

4.     The complainant filed affidavit and marked the documents as Ex.P1 to P6.  The OP also filed affidavit and marked the documents as Ex.R1 to R7.

5.     Heard the arguments:

6.     In the proceedings, the following points do arise for our consideration and decision:

1. Whether there is deficiency in service on the part of OPs.

2.  Whether complainant entitled for any relief & what Order?

7.     Our findings on the above points are as follows:-

1. Point No.1: Negative.  
2. Point No.2: As per Order below. 

: R E A S O N S :

POINT NOs. 1 & 2:

8.     The case of the complainant is that she is an account holder at OP/Bank having account No.914010000283701 since long years and she is regularly transacting her account with huge amounts.  Such being the case, the OP/Bank without any valid reasons have debited an amount of Rs.18,9949.50 under different heads on different dates.  When she asked for the explanation with the OP/Bank, they OP/Bank had not given a proper reason for debiting the said amount on different dates.  Hence, alleges deficiency in service and prays for credit the said amount to her account. 

9.     On contrary, the OP/Bank has taken a contention that the complainant has obtained saving bank account under the scheme SBEZY of the OP/Bank and as per the terms and conditions of the said scheme they have debited certain amounts towards fee which exceeds the transactions.  As per the terms and conditions of the said scheme, the OP/Bank has provided the complainant a free transaction up-to Rs.10 lakhs or first 5 transactions whichever is earlier.  After the said free transactions and exceeds Rs.10 lakhs, the OP/Bank has charged fee of Rs.4/- per Rs.1,000/- or Rs.100/- whichever is higher.  Accordingly, they have debited the amount towards transaction of the complainant.  Hence, submits no deficiency in service.  

10.   On going through the statement of accounts produced by the complainant at Ex.P2 & P3, admittedly the OP/Bank has deducted Rs.561/- on 05/02/2014, Rs.1,226.78 on 22.03.2014.  Further, on 22.03.2014 Rs.9,925.42 was deducted.  Further on 09/08/2014 the OP/Bank has charged Rs.751/- under the head of service tax at the rate of 12.36% on charge.  With respect to the said debit, the complainant had filed a complaint alleging deficiency in service in deducting the said amount.

11.   The learned Advocate for OP had vehemently argued before this Forum and submitted that the complainant opted for account under the scheme SBEZY and the tariff towards charges are also produced by the OP/Bank.  The complainant at the time of obtaining the account has accepted the terms and conditions of the scheme.  When the complainant accepted and agreed to pay the required service charges and other miscellaneous charges, the complainant cannot again ask for the reasons for deducting the said amount under different charges.  Hence, we are of the opinion that the complainant failed to establish that there is a deficiency in service on the part of OP.  Further it is also observed in the statement of accounts that the complainant admittedly have transacted beyond the limit provided by OP/Bank.  As such the OP/Bank has rightly charged some amount towards transactions.  Hence, the complainant is not entitled to get any relief as claimed in the complaint.  As such for the above said reasons, we answer the above points accordingly and proceed to pass the following:-  

: O R D E R :

1. The complaint filed by the complainant is hereby dismissed.  No order as to costs.

2. Send free copies of this order to both the parties.

(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 12^th day of December 2016).

                                 (RAVISHANKAR)

                                      President

(B.U.GEETHA)                                         (H. MANJULA) 

     Member                                                    Member   

ANNEXURES

Documents produced on behalf of the complainant:

Ex. P1               -           Power of attorney

Ex.P2 to 4         -           Three Sheets of statement of accounts from

                                    1.10.13 to 03.09.14, 3.9.14 to 1.10.14 to 31.10.14

Ex.P5                -           Office copy of the legal notice

Ex.P6                -           Postal acknowledge due

Documents produced on behalf of the OPs:

Ex. R1              -           Application for opening S.B. Account

Ex. R1(a)           -           Signature of the complainant Ex.R1(a)

Ex. R2              -           Self attested copy of the identity card issued by

                                    Election Commission of India

Ex. R3              -           Copy of the terms and conditions of duly signed by complainant

Ex. R4              -           Copy of the PAN card

Ex. R5              -           Personal Information received at the time of opening of S.B. A/c

Ex. R6              -           Signature mismatch declaration

Ex. R7              -           Copy of the e-Tax payment of the complainant obtained by OP

Dated:12.12.2016                         President 

                                         District Consumer Forum,

                                                  Chikmagalur.     

Tss