BANK :

Account cannot be Freeze at the Instance of any other Person

Amount paid Not Transferred: Deficiency Proved: compensation

Balance Loan amount not Released: Conditions not fulfilled: No
deficiency in Service

Cheque Misplaced: Negligence of Bank: Deficiency in Service:
Unfair Trade Practice

Collection of Service Charges not illegal: No Deficiency in Service

Delay in Crediting Vouchers: 18% Interest on Amount not
deposited in Time

Delay in Telegraphic Transfer Instructions

Interest Subsidy not released: Gross Deficiency

Locker Rent: Non Intimation Amounts to Deficiency: Compensation
granted

Loan: Discretion

Loan Release of Documents on Repayment of Loan - Civil Dispute

Loan not sanctioned: No Deficiency in Service

Margin Money Adjusted towards Arrears of Loan: No Deficiency in
Service

Re-investment Scheme: Bank under Obligation to Inform Depositors
regarding Reduced Rate of Interest.

BANK: Account cannot be Freeze at the Instance of any other Person TOP

Consumer Protection Act, 1986 - Section 21 - 'Bank' - Revision - Current account was opened by a person alleging himself as partner - Names of other partners were not disclosed - Another person sent a notice to the Bank describing himself as partner informing that the firm was dissolved prior to opening of account - Whether the Bank account can be freeze at the instance of that person? (No),

- Bank of Baroda v. Parasram Mangaram National C.D.R.C. 79

-

Amount paid, Not Transferred: Deficiency Proved: compensation TOP

Consumer Protection Act, 1986 - Sections 2(1)(c)(iii), 14(1)(d) - Bank - Deficiency in Service - Amount Paid, Not Transferred - Forum dismissed the complaint for default - Hence appeal - Complaint paid Rs.250/- for transmission to another Branch - Money not transferred - Repaid belatedly - Deficiency proved Complaint entitled to compensation.

G.S. Nataraja Chetty v. Branch Manager, Andhra Bank Andhra Pradesh S.C.D.R.C 31

Balance Loan amount not Released: Conditions not fulfilled: No deficiency in Service TOP

Consumer Protection Act, 1986 - Section 2(1)(c)(iii) - Bank - Loan amount not released - Deficiency in Service - Complaint applied loan for pisciculture purpose Loan sanctioned - Rs.26, 000/- released - Incumbent upon Complaint to satisfy Bank about adequate water resources - Protection of water utilization certificate a condition precedent for releasing balance loan amount - Water utilization certificate from concerned Revenue authorities not filed - Balance loan amount not released - No deficiency in service on part of Bank.

Inturi Venkaiah v. General Manager P.D.C.C. Bank Ltd., Andhra Pradesh S.C.D.R.C 511

Cheque Misplaced: Negligence of Bank: Deficiency in Service: Unfair Trade Practice TOP

Consumer Protection Act, 1986 - Section 2(1)(g), 2(1)(r), 14(1)(d) - Deficiency in Service - Loan taken by Complaint -Issued 36 post-dated cheques for repayment - Once cheque misplaced by Bank - Statement of account sent to Complaint showed difference of one installment - Negligence of Bank - Bank guilty of deficiency in service and adopting unfair trade practice.

Vipin Bhardwaj v. Citi Bank Delhi S.C.D.R.C 522

Collection of Service Charges not illegal: No Deficiency in Service TOP

Consumer Protection Act, 1986 - Section 2(1)(c)(iii) - Bank - Deficiency in Service Collection of Service Charges -Complaint received loan by pledging jewels - Loan paid, jewels redeemed - Collection of service charges by Bank not illegal - No deficiency in service on part of Bank.

T.K. Soundararajan v. Secretary, Chenagalpattu Co-op Urban Bank Tamilnadu S.C.D.R.C 524

Delay in Crediting Vouchers: 18% Interest on Amount not Deposited in Time TOP

Consumer Protection Act, 1986 - Section 2(1)(c)(iii) - Banking Services - Delay in Crediting Vouchers - Deficiency in Service - Complaint deposited three parcels valuing Rs.8, 551/- each - Delivery accepted by consignees - Price remitted through Bank vouchers Price credited to complainant's account late by 100 days, 99 days and 106 days - Respondents liable to pay 18% interest on amount not deposited in time.

Rakesh Mittal v. Allahabad Bank & ors. Changdigarh S.C.D.R.C. 347

Delay in Telegraphic Transfer Instructions TOP

Consumer Protection Act, 1986 - Section 2(1)(c)(iii) - Banking Services -Delay in Telegraphic Transfer Instructions - Deficiency in Service - Instructions from London to Bombay received next day - Took 9 days from Bombay to Delhi - Opposite party instead of seeking clarification caused further delay of 4 days - Instructions could be received by Delhi office of opposite party on 03.10.1992 - Cheque ultimately received by SBI on 09.11.1992 - Delay of 37 days - Deficiency in service established - Opposite party liable to compensate for delay.

S.P.K. Gupta v. ANZ Grindlays bank PLC Delhi S.C.D.R.C. 717

Interest Subsidy not released: Gross Deficiency TOP

Consumer Protection Act, 1986, - Section 2(1)(c)(iii) - Bank - Interest Subsidy not Released - Deficiency in Service - Complaint applied for Interest Subsidy under Central Interest Subsidy Scheme - Clime recommended to Zonal Office and onwards to Head Office as eligible "deserving case" Bank reviewed the matter and rejected the same without informing Complaint - Claim sanctioned by Reserve Bank of India, not released to complainant, returned to RBI - Gross deficiency on part of UCO Bank established - RBI and UCO Bank directed to release the Interest Subsidy.

M/s. Bhogals v. Reserve Bank of India & Ors. Haryana S.C.D.R.C 414

Locker Rent: Non Intimation Amounts to Deficiency: Compensation granted TOP

Consumer Protection Act, 1986 - Section 2(1)(c)(iii), 14(1)(d) - Bank - locker Enhancement of Rent Without prior intimation - deficiency in Service - Compensation - Complaint took locker on hire basis - steep increase in rent from Rs.100/- to Rs.400/- Complaint entitled to be informed well in advance Put notice on notice board not enough - Non intimation amounts to deficiency Forum erred in dismissing complaint - Order set aside - Compensation granted.

Giridharilal Chawla v. Corporation Bank Andhra Pradesh S.C.D.R.C.44

Loan: Discretion TOP

Consumer Protection Act, 1986 - Section 2(1)(c) - Complaint - Bank Loan - Complaint requested for loan of Rs.25, 000/- First loan of Rs.5000/- paid with great difficulty - Loan of Rs.25, 000/- if granted, opposite party would never be able to recover it - Discretion of opposite party in granting loan depends upon various circumstances - Fear of opposite party quite reasonable - complaint dismissed.

S. Sarasu v. Branch Manager, The Catholic Syrian Bank Ltd. Tamil Nadu 648

Loan Release of Documents on Repayment of Loan - Civil Dispute TOP

- Consumer Protection Act, 1986 - Section 2(1)(c)(iii), 14(1)(d) - Deficiency in Service - Bank Loan - Failure to Return documents Deposited by Way of Security - Compensation - Complaint availed loan, Loan installments not paid - Recovery suit filed by Bank - Full loan amount paid - Documents deposited not returned - Forum ordered return of documents alongwith compensation - Hence appeal - Release of documents on repayment of loan gives rise to civil dispute - Complaint not a consumer - Order set aside.

Loan not sanctioned: No Deficiency in Service TOP

Consumer Protection Act, 1986 - Section 2(1)(c)(iii) - Bank - Loan not Sanctioned - Deficiency in Service - Complaint an unemployed graduate - Selected under Prime Minister's Rozgar Yojana Scheme - Directed to approach Bank for loan - Applied for loan - Furnished security - Bank refused to sanction the loan - District Forum awarded RS. 10,000/- towards compensation - Hence appeal - Bank has considerable discretion to sanction loan keeping in view the viability of Scheme - Scheme found not viable owing to existing competition - Loan application rejected - No deficiency on part of Bank - Order of District forum liable to set aside.

Manager, Syndicate Bank v. t. Brahmananda Kumar Andhra Pradesh S.C.D.R.C 489

Margin Money Adjusted towards Arrears of Loan: No Deficiency in Service TOP

Consumer Protection Act, 1986 - Section 2(1)(c)(iii) - Deficiency in Service - Bank - Margin money adjusted towards arrears of loan - Loan sanctioned subject to TAHDCO paying 25% margin money - 50% working capital released - Delay in TAHDCO releasing margin money Complaint paid - TAHDCO released margin money - Complaint requested to return money paid and to release balance of working capital - Bank refused, adjusted money towards loan, Seizure of machinery's and goods in complainant's premises in terms of Hypothecation Agreement - Arrears of installments and interests payable - No deficiency on part of Bank.

Vasanthi Plastic Industries v. Manager, Bank of Baroda Tamil Nadu S.C.D.R.C 266

Re-investment Scheme: Bank under Obligation to Inform Depositors Regarding Reduced Rate of Interest. TOP

Consumer Protection Act, 1986 - Section 15 - Appeal - Bank - Re-investment Scheme of Fixed Deposit - Interest - Re-investment plan guided by 12.5% interest - Reserve Bank of India reduced rate of interest - Bank under obligation to inform depositors regarding reduced rate of interest - No such intimation given - Bank failed to render proper service - Liable to pay deposit amount at flat rate of interest of 12.5%

Jalgaon Janata Sahakari Bank Ltd., v. R.P. Kulkarni Maharashtra S.C.D.R.C. 368