Karnataka

Chitradurga

CC/99/2016

H. Veeranna S/o Horakerappa - Complainant(s)

Versus

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

Sri.C.M.Veeranna

11 Aug 2017

ORDER

COMPLAINT FILED ON:24/10/2016

DISPOSED ON:11/08/2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 99/2016

 

DATED: 11^th AUGUST 2017

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI. N. THIPPESWAMY               : MEMBER

                          B.A., LL.B.,   

……COMPLAINANT/S	H. Veeranna, S/o Horakerappa, Age: 65 Years, R/o Rangadhama Nilaya, B.L. Gowda Layout, Near DRCS Office, Kelagote, Chitradurga-577501.   (Rep by Sri. K.H. Sriramappa, Advocate)
V/S
…..OPPOSITE PARTIES	The Manager, ICICI Bank, Above Hotel Prajwal, B.D. Road, Chitradurga.   (Rep by Sri. N. Lokesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.60,000/- along with interest @ 12% p.a from the date of complaint and Rs.10,000/- towards mental agony and such other reliefs.

2.      The brief facts of the case of the above complainant are that, he is having SB A/c with the OP Bank vide No.142401501314 and made payments to his account on several dates i.e., 02.12.2012 for Rs.10,200/- on 01.02.2012 for Rs.36,000/- and on 01.12.2014 Rs.1,11,583/- in total Rs.1,57,583/-.  The complainant has drawn some amount through cheque as mentioned in the below.

 

Date	Cheque No.	Drawing Amount
03.01.2012	23631	Rs.6,000/-
01.02.2012	23632	Rs.36,000/-
21.04.2012	23633	Rs.1,000/-
02.06.2012	23634	Rs.2,000/-
11.12.2014	23636	Rs.60,000/-
12.02.2015	23637	Rs.10,000/-
Total:		Rs.1,15,000/-

 

Out of this amount, Rs.35,000/- has been not drawn by the complainant which credited to his account.  The OP Bank has debited the said amount to the ICICI Prudential Insurance Company from the complainant account without the knowledge and information of the complainant illegally.  The remaining amount of Rs.7,783/- shown as balance in the complainant account.  Without the permission from the complainant, the OP Bank withdrawn the same and shown balance of Rs.369/- instead of Rs.7,783/- as on 30.09.2015 in the account of the complainant and OP has shown nil balance till today, which amounts to deficiency of service.  The OP is liable to pay Rs.10,000/- interest at the rate of 12% p.a.  It is further submitted that, the OP Bank deducted around of Rs.42,379/- towards other charges without knowledge and permission of the complainant on several dates.  In spite of several request and demands made by the complainant, the OP is not ready to pay the said amount.  Complainant got issued legal notice to the OP Bank, the same was served.  In spite of service of notice, the OP Bank has not paid any amount to the complainant or credited to his account and it is deficiency in service and committed unfair trade practice.  The OP is liable to pay Rs.60,000/- with interest.   The cause action for the complaint arose on 31.03.2016 when the OP shown nil balance in the account of the complainant and on 07.09.2016 when the notice was issued to the OP which is within the jurisdiction of this Forum.  Therefore, the complainant respectfully prayed before this Forum to allow his complaint with cost. 

3.      On service of notice, OP appeared through Sri. N. Lokesh, Advocate and filed version.   It is submitted that, the complainant is not a consumer as per the provisions of the C.P Act.  The complaint is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  The complaint is dismissed for bad in law for non-joinder of necessary parties i.e., ICICI Prudential.   It is true the complainant is having SB A/c with the OP Bank bearing No.142401501314.  The complainant has approached the OP Bank on 10.12.2014 and submits that, Rs.35,000/- deducting my account and send the DD in favour of ICICI Prudential Life Insurance Co. Ltd., by authorizing the OP to debit to his SB A/c.  As such request made by the complainant, OP has debiting Rs.35,000/- and give the DD to the complainant.  The OP has deducted MAB charges as per the terms of SB A/c of the complainant, the complainant is required to maintain Rs.10,000/- in the account.  Minimum balance is not maintainable as stated above, complainant is liable to be charged for Rs.750/- + tax. As per the statement of account of the complainant, complainant is not maintained the account properly.  If the complainant is having amount in his account, when the complainant has credited the amount in his account, by that time, the OP has deducted the charges would be due in such accounts.  In this case also, the complainant had failed to maintain the quarterly average minimum balance in his account.  Therefore, the OP is justified in deducting the MAB charges as reflected in the statement of account of the complainant.  The other averments made in the complaint are all denied as false, the complainant is put to strict proof of the same.  There is no cause of action for filing of this complaint and there is no deficiency of service on the part of OP as alleged by the complainant.   Hence, prayed for dismissal of the complaint.               

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-10 were got marked.  On behalf of OP, one Sri. Ved Bansod, Legal Manager of OP has examined as      DW-1 by filing the affidavit evidence and Ex.B-1 to B-3 documents have been got marked.  

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that:

 

(1)  Whether the complainant proves that the OP has committed deficiency of service illegally deducting the amount in his S.B A/c and entitled for the reliefs as prayed for in the complaint?

              (2) What order?

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

          Point No.1:- Partly in affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, the complainant is having SB A/c with the OP bearing No.142401501314.  The complainant has deposited the amount in the OP Bank on several dates for Rs.1,57,583/- and the complainant has withdrawn the amount from the OP Bank on several dates for Rs.1,15,000/-.  Further the complainant advocate argued that, the OP Bank has deducted Rs.35,000/- and the same has been debited to the ICICI Prudential Life Insurance without the consent of the complainant and the remaining balance of Rs.7,783/- in his account and on 30.09.2015, the OP has maintained Rs.369/- in the complainant account.  It is further argued that, the OP Bank has deducted Rs.42,379/- towards other charges without the consent of the complainant.  In turn the advocate for OP has argued that, with the consent of the complainant it has created the DD for an amount of Rs.35,000/-.  The complainant has put his signature on the DD application form, the same has been marked as per Ex.B-1 and further argued by the OP side that if the complainant has not maintained amount of Rs.10,000/- in his account, the OP is liable to be deducted Rs.750/- + tax.       

9.      In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like Ex.A-1 to A-10.  Transaction enquiries marked as Ex.A-1 to A-3, those documents clearly shows that, the complainant has deposited the amount and withdrawn the same.  Statement of transactions for the period from 01.07.2015 to 30.09.2015.  As per the statement, the complainant is having Rs.369/- in his account, the same is marked as Ex.A-4.  Statement of transactions for the period from 01.10.2015 to 31.12.2015.  As per the statement, the complainant is having Rs.12/- in his account, the same is marked as Ex.A-5.  Statement of transactions for the period from 01.01.2016 to 31.03.2016.  As per the statement, the complainant is having nil balance in his account, the same is marked as Ex.A-6.  Letter dated 26.12.2015 written by the complainant to the OP demanding to settle the claim of the complainant marked as Ex.A-7.  Office copy of the legal notice dated 07.09.2016 marked as Ex.A-8.  Postal receipt and served acknowledgement marked as Ex.A-9 and A-10.  The OP has produced three documents i.e., DD Application form marked as Ex.B-1, wherein the complainant has put his signature, which shows the complainant has obtained DD for Rs.35,000/- from OP Bank in favour of ICICI Prudential Life Insurance Co.Ltd., the said amount has been debited from the SB A/c of the complainant.  Declaration and acknowledgement form are marked as Ex.B-2 and B-3.  According to the complainant, he is having Rs.1,57,583/- in his account and on several dates he has withdrawn Rs.1,15,000/- and Rs.35,000/- has been sent to the ICICI Prudential Life Insurance by way of DD and OP has deducted Rs.750/- for not maintaining the proper balance.  So, the complainant is having balance amount of Rs.6,833/- only.  Hence, the complainant is entitled for the same.  Non-settling the above said amount by the OP, amounts to deficiency of service.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.6,833/- along with interest at the rate of 9% p.a from the date of filing of this complaint till realization.  

It is further ordered that, the OP is are hereby directed to pay Rs.5,000/- towards mental agony and Rs.3,000/- towards costs of this proceeding.  

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

            (This order is made with the consent of Member after the correction of the draft on 11/08/2017 and it is pronounced in the open Court after our signatures)

           

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

DW-1:  Sri. Ved Bansod, Legal Manager, by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1 to 3:-	Transaction enquiries
02	Ex-A-4 to 6:-	Statement of transactions for the period from 01.07.2015 to 30.09.2015, 01.10.2015 to 31.12.2015 and 01.01.2016 to 31.03.2016.
03	Ex-A-7:-	Letter dated 26.12.2015 written by the complainant to the OP demanding to settle the claim
04	Ex-A-8:-	Office copy of the legal notice dated 07.09.2016
05	Ex.A-9 & 10:-	Postal receipt and served acknowledgement

 

Documents marked on behalf of OP:

01	Ex-B-1:-	DD Application form
02	Ex-B-2 & 3:-	Declaration and acknowledgement form

 

 

 

MEMBER                                                            PRESIDENT

Rhr**