M.THANIKACHALAM J. - (1.) The complainant is the appellant.
(2.) The complainant had approached the opposite party bank, to open Power Pay Account, having zero balance, but the opposite party had opened an ordinary savings bank account, thereby committed negligent act, as well as deficiency in service though the complainant was an agent of Bajaj Alliance Life Insurance Company. The opposite party having opened an ordinary account by deceitful means, deducted the amount, for not keeping minimum balance of Rs.5,000/-, for which, the complainant has not opened the account. The opposite party by their negligent act and illegal activities, caused loss of Rs.6,584/- by debiting from the account, thereby caused mental agony, resulting communication, incurring expenditure. Thus complaining a case came to be filed for recovery of Rs.6,584/-, Rs.140/-, Rs.75,000/- for mental agony, in addition to, payment of Rs.1,000/- as costs, as seen from the prayer.
(3.) The opposite party questioning the maintainability of the case as per the cause title, opposed the claim of the complainant, contending that the complainant had opened only savings bank account No.6115001061140 on 5.11.2003, after going through the terms and conditions for opening savings bank account and the complainant should maintain a minimum amount of Rs.5,000/- whereas he failed, for which, debit entries were made, cannot be termed as negligent act, that Power Pay Account or zero balance account is available only to the employee, on production of pay certificate, which is not available to the complainant, since he was working as Insurance Care Consultant, which position has no permanent salary and such person is not entitled to open or maintain the Power Pay Account or Zero Balance Account, that the complainant has not opted to open Power Pay Account, producing the Salary Certificate and therefore, as such, the opposite parties having not committed any deficiency, not liable to answer the claim of the complainant, thereby praying for the dismissal of the complaint.;