M.THANIKACHALAM J. - (1.) The complainant is the appellant.
(2.) The complainant is having account in the Syndicate Bank, Mettupalayam, bearing Account No.61282200008616, which Bank is centralized, coming under Core Banking System [CBS]. The opposite party had debited a sum of Rs.230/- from the complainants account on 14.02.2008, which was noticed by the complainant only on 16.02.2008 and feeling it is a mistaken debit entry, sought for re-crediting and explanation, not complied with by the opposite party, thereby they have committed deficiency in service. The opposite party bank also has not followed the RBI rules and regulations, thereby caused mental agony to the complainant, committing deficiency in service, for which, the complainant is entitled to refund the sum of Rs.230/- with interest, as well compensation of Rs.15,000/-. Thus, a consumer complaint was filed by the appellant in person.
(3.) The opposite party admitting that they have debited a sum of Rs.230/- from the complainants account, resisted the case, contending that the complainant is not having any account with the opposite party, and therefore, as such, there is no privity of contract between themselves and the complainant, which should follow , there would be no deficiency in service and the opposite party is an unnecessary party, that the complainant is maintaining only non-multicity account who is not entitled to free collection of the cheque amount, that the complainant having presented a cheque for clearing with the opposite party, not being home branch, normal charges were collected, as per the guidelines of the Head Office, which was debited in his account, which cannot be termed as deficiency in service, thereby praying for the dismissal of the complaint, denying other averments also.;