Karnataka

Kolar

CC/53/2017

Smt.Reddemma w/o Srinivasa.C. - Complainant(s)

Versus

The Manager,State Bank of India - Opp.Party(s)

14 Mar 2018

ORDER

Date of Filing: 22/07/2017

Date of Order: 14/03/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 14^th DAY OF MARCH 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 53 OF 2017

Smt. Reddemma,

W/o. Srinivasa.C,

Aged About 35 Years,

R/at: 3^rd Main Road,

Dr. B.R.Ambedkar Nagar,

Kolar.                                                    ….  COMPLAINANT.

(Rep. by Sri. K. Manjunatha, Advocate)

 

- V/s -

The Manager,

State Bank Of India,

Kolar Branch, Kolar.

(Rep. by Sri. R.Satish, Advocate)                                  …. OPPOSITE PARTY.

 

-: ORDERS:-

BY SMT. A.C. LALITHA, LADY MEMBER,

01.   The complainant having submitted this complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short it is referred as “the Act”) against the opposite party for issuance of directions to OP to refund a sum of Rs.590/- and Rs.10,000/- as compensation for mental agony and cost as this Forum deems to be fit.

 

02.   The facts in brief:-

(a)    It is submission of the complainant that, she had opened SB account bearing No.31821921359 at OP-Bank in the name of her son Master Sachin S.  Since to avail scholarship from the school she requested Bank to open a “zero” account, but OP-Bank by rejecting her request had opened SB account in her son’s name by taking Rs.500/- from her.  And she received mobile message as Rs.68/- for being deducted from her account every month.  When the same had been enquired by the OP she got reply as to maintain Rs.3,000/- in the said account or else every month the amount will be deducted.  Thus they kept Rs.1200/- in the said account so far.

 

(b)    It is further contended that, on 21.07.2017 she requested the OP to return the money of the said account and to close the account, since they cannot keep the amount of Rs.3,000/- in the said account.  After making them to wait for three hours OP had returned a sum of Rs.580/- and closed the account.  After deducting their cost of Rs.68/- the balance in the said account is of Rs.1,190/-, but OP had given only Rs.580/- and replied as the cost for closing of the said account is of Rs.590/- which cannot be returnable.  According to RBI rules there is no deduction of amount of the accounts.  So contending, the complainant had come up with this complaint by seeking the above set-out reliefs.

 

03.   In response to the notice issued by this Forum OP has put in its appearance through the said learned counsel and has submitted written version.

(a)    The submission of the OP is that, according to RBI guidelines and Banking Rules and Regulations the complainant has to maintain Rs.3,000/- in the account, but the complainant had not at all kept Rs.3,000/- in the account.  Since the complainant has not transacted her account since from opening of the account up to closing of the account, hence the OP has deducted the Banking charges of Rs.590/- as per Banking Rules and Regulations.  Since by obeying the Hon’ble Forum insisition to comply the OP has paid back Rs.590/- on humanitarian grounds to the complainant by way of DD which is submitted to this Forum.  Since there is no cause of action to file the complaint and complaint is not maintainable.  OP prays for dismissal of the complaint with costs.

 

04.   The complainant has submitted her affidavit evidence by way of examination-in-chief and got examined as PW.1 and marked Exhibit-P.1 and submitted below mentioned documents:-

(i) Original Pass book

(ii) Copy of the Ration Card.

 

05.   On behalf of OP Smt. T.Sharada, SBI Manager, has sworn to her affidavit evidence and no documents have been submitted by the OP.

 

06.   Heard arguments of both sides.

 

07.   Therefore the points that do arise for our consideration are:-

(1) Is there deficiency in service on the part of OP as alleged by the complainant?

 

(2) If so, whether the complainant is entitled for the relief as she sought?

 

(3) What order?

 

 

08.   Our findings on the above stated points are:-

POINT (1) & (2):-      In the Affirmative

POINT (3):-      As per the final order

for the following:-

REASONS

POINTS (1) & (2):-

09.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time.

 

10.   On perusal of proceedings noted in the order-sheet by this Forum, the very next date of appearance of this Op has sought time to comply the prayer of the complainant and after taking nearly 2 months date of hearing as settlement this OP had filed DD No.374636 of Rs.590/- on 31.10.2017 towards compliance.

 

11.   But in the version of OP has submitted as the Forum has insisted to comply the order, on humanity ground filed the said DD.  There is no such record in the order-sheet as insisted to comply the order.  And moreover this OP had failed to submit any evidence with regard to holding of Rs.590/- as the charges of Bank while closing of the account.  Hence oral submission without any evidence cannot be believable.  If at all to assume that the OP had complied on humanitarian ground, what prevented this OP to comply the same on the date of closing of account itself would be the question?  Therefore for delay of compliance by OP would amounts to deficiency in service on the part of OP and hence liable to pay compensation for it.  Accordingly we answered point (1) & (2) are in the Affirmative.

 

POINT (3):-

12.   In view of the above discussions on Point (1) & (2) we proceed to pass the following:-

 

 

ORDER

01.   For foregoing reasons the complaint stands allowed with cost of Rs.500/- as hereunder:-

 

(a) The complainant is directed to receive the amount of Rs.590/- which is deposited by OP in favour of this Forum as compliance on 31.10.2017 by way of DD No.374636.

 

(b)    OP is directed to pay Rs.1,000/- as compensation to the complainant.

 

(c)    We grant 30 days time to pay compensation from the date of pronouncement of this order, failed to which will carry 9% interest till realization.

 

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 14^th DAY OF MARCH 2018)

 

 

   LADY MEMBER                     PRESIDENT