A.K.ANNAMALAI, J. - (1.) The opposite parties are the appellants.
(2.) The Complainant having savings bank account with the opposite parties? bank provided with ATM card and while he was maintaining minimum balance of Rs.10,000/- in his account, on 30.1.05 when the complainant wanted to withdraw a sum of Rs.5,000/- through ATM centre at Royapettah and after inserting the card the machine displayed that amount was frozen and asked to contact the bank for further enquiry and on enquiry he was informed that his account was become dormant because of non operation of the same for more than two years. But actually and on 31.1.2005 he was asked to deposit Rs.10,000/- to activate the account and thereby his total balance was Rs.31,839/- again on 1.2.2005 when the complainant issued a self cheque for Rs.31,800.39 the same was returned for the reason ?restricted account?. Hence after sending a legal notice complainant filed this consumer complaint claiming Rs.2,00,000/- as compensation for deficiency of service, mental agony and for costs.
(3.) The opposite party contended in their written version that since his account was declared dormant self cheque issued was returned by stating ?restricted account? and the account will be reactivated only if the account holder initiates by depositing manual cash at the home branch or the amount should be with drawn through the self bearer cheque at the home branch and when the cheque returned memo received the account holder must visit to any branch convenient to him and to effect cash or cheque withdrawal with necessary photo identity and signature and address proof. Since the complainant not used the debit card for two years his account was declared as dormant on 31st December 2004 and subsequent deposits are admitted and the transactions of returned cheque for Rs.31,800/- was for signature mismatch and restricted account. Hence there is no deficiency on their part.;