M.THANIKACHALAM, J. - (1.) The opposite party in CC No.25/2010, on the file of District Forum, Srivilliputhur, is the appellant.
(2.) The 1st respondent/ 1st complainant, had a Current Account, with the opposite party bank, bearing Account No.766, commencing from 8.12.2005, which was operated periodically. On 16.11.2005, she had deposited a sum of RS.10000/-, totaling the balance Rs.11,025/-. From the said amount, she had taken a sum of Rs.4000/-, leaving the balance of Rs.7025/-, out of which she had taken another sum of Rs.2500/-, leaving a balance of Rs.4525/-. Then she attempted to withdraw a sum of Rs.2500/-, through cheque, which was returned, as if there was no minimum balance, which was not informed to the complainant at any point of time. The opposite party ought to have informed, giving warning to the complainant, atleast when she had a balance of RS.997/-, which they failed. On the other hand they have debited every month, not only for not maintaining balance amount, but also service charge, thereby they have committed deficiency in service, causing mental agony. Thus alleging a consumer complaint is filed, claiming total sum of Rs.14,910/- under 5 headings, as detailed in the prayer column.
(3.) The opposite party admitting that the 1st complainant, (hereinafter called complainant), is an account holder, resisted the case, interalia opposing that the 2nd complainant is an unnecessary party to the proceedings, that when the account was opened, it was specifically informed, even in the regional language, that there should be minimum amount since cheque facilities were provided, that even when a cheque was issued for Rs.2000/-, though there was no sufficient fund, deducting the cheque amount, keeping the minimum balance, not to cause inconvenience to the customer, the cheque was honoured, leaving a balance of Rs.997/-, and thereafter till 10.11.2008, no minimum balance of Rs.1000/- was maintained, and only on 10.11.2008, a sum of Rs.10000/- was paid, from which a sum of Rs.4440/- was debited for not maintaining minimum balance, including service tax, which cannot be termed as deficiency in service, that all other averments in the complaint are frivolous and false, and that since the opposite parties have followed only the rules, there is no deficiency, and there is no question of granting any compensation or anyother amount, as the case may be, praying for the dismissal of the complaint.;