M. THANIKACHALAM J. - (1.) The appellants, as opposite parties, who suffered an adverse order in the hands of District Forum, Chennai (North), in O.P.No.356/2000, have come to this Commission, challenging the same.
(2.) The respondent herein as complainant, has approached the District Forum, seeking for the refund of a sum of Rs.2,47,880/-, and for the recovery of a sum of Rs.1 lakh as damages for mental strain, tension, etc, alleging that the 1st opposite party had been debiting interest @ 13% p.a., on the overdraft amount, much against the RBI guidelines, which was questioned, that ultimately they debited a sum of Rs.2,47,880/- on 30.9.1997, without furnishing the details, that despite of complaints to the opposite parties, they have failed to deduct the said amount from the accounts, that the complainant being a consumer and the bank being the service provider, failed in their duty, and that for the deficiency in service, they should be directed to pay the said amount, with compensation.
(3.) The opposite parties/ appellants, in their written version, denying all the allegations in general, specifically have stated that the claim of the complainant is barred by limitation, that the claim for refund of the amount before the consumer forum is barred, and if at all civil suit ought have been filed, that the complainant being not a consumer, he is not entitled to maintain the complaint, that as per the guidelines issued by the Reserve Bank of India, and as agreed between parties, at the time of extending overdraft facilities, as well as at the time of depositing the amounts as Fixed Deposit, for which overdraft facilities were provided, interest were debited, that when the same was questioned, furnishing details, explained to the complainant, and this being the position, question of refunding the amount, debited to the current account of the complainant is not at all maintainable.;