The complainant’s case is concerned with unauthorized debiting from Savings Bank account. The fact is that on 17.6.2015 in the Bank account of the complainant , total Rs.3,97,461.90 was the balance amount. But he found Rs.96,506/- was debited from his account. He go no reply from the Bank. He
served legal notice on 29.3.2016. But the Opposite party did not take effective steps to solve the allegation of the complainant. Hence, this case.
The Op contested the case by filing Written version denying inter alia all material allegations para wise. The positive defence of the OP is that –
“ the fact remain lies that Bank always guided by apex agency and follow the stipulation as per guideline of the higher forum & accordingly the interest as credited to the account of the complainant has been reverted and interest was debited from the account of said petitioner. It is not a fact that the petitioner was not informed in the subject matter contrary the petitioner has attended all telephone call and fully aware that the non personal account holder are not eligible for interest. The said benefit is provided in personal account holder.” Hence, the oP prayed for dismissal of the case.
Complainant filed (1) photo copy of Acknowledgement copy of return 2) Photo copy of Registry slip 3) photo copy of Notice sent by complainant to the oP Bank 4) Photo copy of Bank pass Book in the name of the complainant 5) Photo copy of letter to Regional Manager, Howrah 6) Photo copy of letter sent to Manager of Op Bank Gourhati branch. Complainant also filed Evidence in chief
and Written Notes of argument. Op on the other filed some Xerox copy of documents , Written version and Written Notes of argument.
Upon pleadings, Written version and the documents filed by all the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether complainant is entitled to get relief as prayed for ?
DECISION WITH REASONS
All the points are taken up together for easiness of discussion.
It is admitted fact that the complainant has S.B.A/c no. 11227864485 with the Op/Bank. It is also admitted fact that the amount of Rs.96,506/- was debited by the OP /Bank on 17.7.2015 from the above S.B.Account of the complainant. It is noted that S.B. Inn in Returns for non per S.B.A/c . But in reply the Op Bank did not show any Rule or Law to that effect that complainant herein a club is not entitled to get any interest in the Savings Account. Op has filed circular dated 10.2.2015 no. NBGPBBU/LIMA32 of 2014/15 . But in that circular no provision has
been laid down that complainant is not entitled to get interest . Rather , it shows there income should also from exempt from Income Tax and that accounts may be opened in the name of association /club Regimental fund etc. So, the circular filed by the oP supports the complainant’s case and the right of the complainant to open S.B.Account . The Opposite party failed to show the reason of debiting the said Rs.96,506/- sum from the S.B. account of the complainant. Accordingly, the case of the complainant is proved and case succeeds . The complainant is entitled to get relief as prayed for. Hence it is –
Ordered
That the C.C. Case no. 103 of 2016 be and the same is allowed on contest. The Op/Bank is directed to credit the deducted sum of Rs.96506/- in the account of the complainant with upto date interest. The Op/Bank is also directed to pay Rs.50,000/- to the complainant towards compensation for wrongful act of deducting such amount for creating harassment and mental agony and also for deficiency in service. The Op/Bank is further directed to pay Rs.10,000/- towards litigation cost to the complainant.
The OP/Bank shall comply the above order within 30 days from the date of this order i.d. the complainant is at liberty to file Execution case for executing the above order of this Forum.
Let a copy of this order be made over to the parties free of cost.
