Dated:21.11.2022

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

1. This is an appeal filed by OP in CC/657/2014 on the file of District Consumer Disputes Redressal Forum, Shimoga aggrieved by the order dated 11.12.2015.

2. The Commission examined grounds of appeal, impugned order and appeal papers and heard learned counsel.

3. Learned counsel submits that complainant/respondent opened current account on 02.06.2010 which provides for “The rules and regulation of the bank pertaining to the account which are in force now have been read by him and he understood the rules and agreed to abide by and be bound by the bank rules for time being in force for such account”.  It is not in dispute that, dispute raised before the Forum below is in respect of current account bearing account No.190011011010000470 and in this regard learned counsel submits the circular issued by the Syndicate Bank i.e., document no.2 in Circular No.198-2008-BC-P&D-70 dated 12.08.2008 is in respect of Revision in Service Charges w.e.f. 01.09.2008 and submits that as per Annexure-1 enclosed to this circular provides for Revised Service Charges w.e.f. 01.09.2008 is at column no.6 and in the head Minimum Balance-Current Account at iii) in respect of respondent branch from Rs.2,000/- to Rs.5,000/- and at v) Penalty for non-maintenance of minimum balance in Non-CBS Branch from Rs.20/- for occasion to Rs.300/- per month.  Admittedly, this was issued on 01.09.2008 and the complainant opened his current account in 02.06.2010 and the Forum below found not only ignored these important dates and the revised service charges applicable w.e.f. 01.09.2008.  In such circumstances, Commission having been examined the statement of accounts commencing from 02.06.2010 to 30.11.2014, as complainant found failed to maintain minimum balance as such was charged with Rs.331/- each for the months.  However the Forum below ignored all these vital aspects of the matter.  Hence, Forum below has to be held committed error in passing the impugned order and held finding recorded is unsustainable. Accordingly, Commission proceed to allow the appeal.  Consequently, set aside the order dated 11.12.2015 passed in CC/657/2014 on the file of District Consumer Disputes Redressal Forum, Shimoga and in the result dismissed the complaint with no order as to cost.

4. Amount in deposit is directed to be returned to appellant with proper identification by his advocate.

5. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                             Judicial Member     

*GGH*