Karnataka

Tumkur

CC/183/2019

M/s Sri Subramanya Jewelers ,Represented by its Partner C K Sudharshan - Complainant(s)

Versus

The Manager ,HDFC Bank - Opp.Party(s)

N BASAVARAJU

16 Oct 2020

ORDER

Complaint filed on: 12-12-2019

                                                      Disposed on: 16-10-2020

 

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

 

CC.No.183/2019

 

DATED THIS THE 16^th DAY OF OCTOBER, 2020

 

 

PRESENT

 

 

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

 

Complainant: -

 

M/s Sri Subramanya Jewellers

Reptd by its partner C.K.Sudharshan,

Aged 42 years

R/at C/o Sri Subramanya Jewellers,

Sri Kannikaparameshwari

Temple road, Mandipet Road,

Tumakuru

 

(By Advocate Sri.N.Basavaraj)

 

 

V/s

 

Opposite party:-       

 

The Manager,

HDFC Bank,

“Swarana Mahal”,

Opp. Govt. Junior College

Ground, BH Road, Tumakuru

 

(Exparte)

 

ORDER

 

 

BY SMT.NIVEDITA RAVISH, MEMBER

       

This complaint has filed by M/s Sri Subramanya Jewellers, Reptd by its partner C.K.Sudharshan residing at Tumakuru to direct the Opposite party (hereinafter called as OP) to refund of Rs.17,671=00 which is illegally deducted from complainant’s account towards service charges for the use of EDC instrument along with interest @ 24% p.a., legal notice charges of Rs.5,000=00 and to impose heavy cost for deficiency of service by OP and for such other reliefs as the Hon’ble Commission deems fit.

 

 

          2. It is the case of complainant that the OP has deducted every month amount from the complainant account towards service charges i.e. Rs.17,671=00 even though EDC (Swiping machine) instrument has surrendered to OP on 31-7-2018 since the same was not in working condition. The OP has deducted Rs.17,761=00 from 1-8-2019 till the date of filing the complaint. The EDC instrument had taken by complainant from OP during the year 2011. The OP used to deduct the service charges quarterly from the account of complainant maintained in OP bank. The complainant had returned EDC instrument to OP bank on 31-7-2018 when instrument stopped working and OP assured the complainant to replace the same by new instrument. After so many requests and giving legal notice the OP has not complied the same and instead the OP has deducted service charges from complainant’s account.  Hence, this complaint.

 

          3. The notice was duly served on the opposite party and despite the service of notice it was proceeded exparte.

   

          4. The Complainant has filed his affidavit in lieu of evidence and produced four documents in support of his case.

 

          5. We have heard the learned counsel for the complainant and the points that would arise for determination are as under:

1)      Whether the complainant proves deficiency in service on the part of OP bank?

2)      Is complainant entitled to the reliefs sought for?  

 

6. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative

Point No.2: In the partly affirmative

 for the below

 

 

REASONS

 

 

          7. Point No.1 and 2: The learned counsel for the complainant has submitted that though the EDC instrument has taken back by OP after it stopped working on 31-7-2018 the OP has deducted amount every month from the complainant’s account toward service charges a sum of Rs.17,671=00 from 1-8-2019 till the date of filing the complaint. The complainant found the illegal deductions through Ex-P2 account extract.  When the complainant was approached the OP on 30-5-2019 with a request to provide EDC instrument as he was badly in need of the same for his business purpose for which the OP had assured the complainant within two or days it is going to provide new instrument. The OP has not yet provided EDC instrument but deducted the service charges even though the EDC instrument is with the OP bank.

 

 

          8. The complainant in his affidavit evidence as well as oral arguments has reiterated the averments of complaint.  

 

          9. The complainant has produced the original letter dated 31-7-2018 (Asset Movement Report De-installation) which is given by OP to the complainant. This document indicates that the EDC instrument was surrendered by the complainant to OP.

 

 

          10. The complainant has produced statement of bank account extract. This document clearly shows that the service charge has been deducted by the complainant account from 1-8-2018 till filing of the complaint. The complainant has surrendered the EDC (Swiping machine) on 31-7-2018 even then the OP bank has deducted the service charges from the complainant account. As per the statement of account extract from 7-9-2018 to 20-4-2019 the OP has deducted a sum of Rs.17,671=00.  In statement of bank account it is clearly noted ID of EDC that is 47029087.

 

 

11. The complainant has produced the copy of legal notice given to OP dated 13-11-2019, the postal receipt dated 13-11-2019 and postal acknowledgement returned from OP. All the documents produced by the complainant prove the deficiency of service by OP. The complainant has asked interest @ 24% p.a. on the said amount but he is not entitled interest @ 24% p.a. which is on higher side and on the contrary he is entitled to @ 8% p.a. on Rs.17,671=00. The complainant further asked for legal notice charges of Rs.5,000=00 and heavy cost for deficiency of service. The complainant has not placed convincing material to show that he has suffered loss due to deficiency in service on the part of OP. On the other hand the complainant is entitled for Rs.5,000=00 as nominal compensation. For the above reasons, we proceed to pass the following;

 

ORDER

 

The complaint is partly allowed directing the Opposite party to refund Rs.17,671=00 with interest @ 8% p.a. from 1-8-2018 till the date of payment.   

 

It is further ordered that the Opposite party shall pay compensation of Rs.5,000=00 and litigation cost of Rs.5,000=00 to the complainant within 45 days from the date of this order otherwise, it carries interest @ 8% p.a. from the date of complaint till the date of payment.

 

Furnish the copy of order to the complainant and opposite party at free of cost.

 

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 16^th day of October, 2020).

 

 

 

LADY MEMBER            MEMBER                       PRESIDENT