IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 29th day of April, 2015.
Filed on 05.04.2010
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt. Jasmine D (Member)
in
C.C.No.88/2010
between
Complainant:- Opposite Party:-
Sri.Riji The Manager
Chirayil House South Indian Bank Ltd.
Thottappally P.O. Mavelikkara Branch
Purakkad Village. Mavelikkara.
(By Adv.Oommen Thomas)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
This is a remanded matter. The case was once heard and the President of the then Forum passed the order on 28.02.2011 dismissing the complaint. Since there was no detailed order, Hon’ble State Commission suo motto taken up the matter and remanded the case for hearing for the purpose of passing a speaking order. After remanded, notices were issued to both parties for hearing the matter.
The facts of the case are as follows:
The complainant is the account holder of the opposite party. He deposited an amount of Rs.3,400/- on 02.09.2008. On that day the total amount in his passbook is Rs.5,533/-. On 09.09.2008, a cheque of Rs.1,405/- drawn in favour of the HDFC Bank came for collection and the amount is encashed, but due to the negligence of the opposite party, they mistakenly written in the ledger that the balance is Rs.760/-. Since the complainant is not keeping the minimum balance, the opposite party deducted Rs.84/- from the account of the complainant. Actually Rs.4,128/- is the outstanding balance in the account of the account holder on 10.10.2008. Another cheque of Rs.1,405/- drawn in HDFC Bank also came for collection, but it was returned. Thereafter the HDFC finance intimated the dishonour of cheque to the complainant. Then the complainant went to Kottayam and remitted the chque of Rs.450/- as fine. The complainant informed the fault on the part of the opposite party. But, they are not ready to rectify the mistake. Finally, the bank rectified the mistake and remitted Rs.3,400/- in his account. The amount of Rs.84/- deducted for not keeping the minimum balance is not credited into the account of the opposite party. Complainant had got a loss of Rs.450/- as fine on remitting in the HDFC bank alleging deficiency on the part of the opposite party, the complaint is filed.
2. Version of the opposite party:- The complainant had not made any remittance on 05.09.2008. It was on 01.09.2008. Complainant had made the remittance by entrusting Rs.3,400/- through a pay slip having counterfoil. The complainant had mentioned his account number correctly in the counter foil and in the pay slip another number with another’s name. The account number of the complainant is 53101776. In the pay slip number it is written as 5310776. On getting the pay-in-slip, the bank clerk had given counter foil back putting the cash received seal and endorsed it in the passbook and disbursed to the complainant without any delay. Since the column for the name of the account holder was kept blank, the bank clerk written the name of the account holder Sri.George Thomas as per the banking rules. There was no deficiency in service on the part of the opposite party.
3. The complainant was examined as PW1 and the documents produced were marked as Exts.A1 and A2. The documents produced by the opposite party were marked as Exts.B1 to B3.
4. The points for consideration:-
- Whether there is any deficiency in service on the part of the opposite party?
- If so, reliefs and costs?
5. According to the complainant he has deposited Rs.3,400/- on 02.09.2008. In order to prove that allegation, complainant produced the passbook which is marked as Ext.A2 and the counter foil issued by the opposite party which is marked as Ext.A2. The seal affixed on Ext.A2 shows that the complainant has remitted Rs.3,400/- in account number 53101776. Ext.A2 passbook shows a correction made on the 05.09.2008. But the balance remaining in the account as on 05.09.2008 is Rs.5,533/-. According to the complainant, the cheque 0n 09.09.2008 for Rs.1,405/- drawn in favour of HDFC Bank was encashed, but due to the negligence of the opposite party, the balance is written as Rs.760/-. Hence the opposite party deducted Rs.84/- from the account for not keeping the minimum balance. This is also evidenced from the Ext.A2 passbook. According to the complainant on 10.10.2008 another cheque of Rs.1,405 drawn on HDFC bank came for collection, but it was dishonoured. The opposite party contended that on 01.09.2008 while the complainant entrusting Rs.3,400/- with the opposite party he had mentioned his account number correctly on the counter foil and in the pay slip another number with another name. In the pay slip the number is written as 5310776, but the account number of the complainant is 5310776. While cross examining the complainant he categorically denied the pay slip which was shown to him. According to the opposite party, they had deposited the amount in the name of the account holder Sri.George Thomas since the account number written in the pay slip is 53101776. It is clear from Ext.A2 that the opposite party had deducted Rs.84/- from the account of the complainant, he failed to keep the minimum balance account. If the opposite party deposited the amount in the account shown in the pay slip as contended, they should have produced the ledger of the account holder Sri.George Thomas whose account number is 5310776. Moreover, according to the complainant, while the complainant intimated the fault, the bank rectified the mistake and remitted Rs.3,400/- in this account. Ext.A2 passbook shows that on 29.10.2008, Rs.3,400/- was credited in the account of the complainant.
In the result, the complaint is partly allowed. The opposite party is directed to refund Rs.84/- (Rupees eighty four only) to the complainant. The opposite party is further directed to pay Rs.3,000/- (Rupees three thousand only) towards compensation for the mental agony caused to the complainant due to the wrong transaction made by the opposite party. The opposite party is not entitled to deduct Rs.84/- from the account of the complainant alleging that he is not keeping minimum balance in his account.
Dictated to the Confidential Assistant transcribed by him corrected by me and pronounced in open Forum on this the 29th day of April, 2015.
Sd/- Smt. Elizabeth George (President)
Sd/- Smt. Jasmine.D. (Member)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
PW1 – Rifi (Witness)
Evidence of the complainant:-
Ext.A1 - Cash receipt for Rs.3,400/- dtd. 01.09.2008.
Ext.A2 - Original passbook.
Evidence of the opposite party:-
Ext.B1 - Lawyer’s Notice dtd. 01.11.08.
Ext.B2 - Reply Notice dtd. 11.11.08.
Ext.B3 - Statement of account for the period from 01.09.08 to 07.11.08.
-//True copy//-
By Order,
To Senior Superintendent.
Complainant/Opposite party/SF
Typed by: Pg/-
Compd. by: Pr/-
