IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R.SUBBIAH: PRESIDENT F.A. No. 41 of 2024 [Against the order dated 16.05.2023 passed in C.C.No.192 of

2022 by the DCDRC, Chennai (South)].

Monday, the 15 ^TH day of December, 2025

1 .Mr.P.G.Shunmugam, M-588, 28th Cross Street.

Thiruvalluvar Nagar, Thiruvanmiyur, Chennai – 600 041.

2. Mrs.S.Kavitha, M-588, 28th Cross Street.

Thiruvalluvar Nagar, Thiruvanmiyur, Chennai – 600 041. ... Appellants/Complainants - Vs –

Indian Overseas Bank, Represented by its Chief Executive Officer, 762, Anna Salai, Chennai – 600 002. ... Respondent/opposite party For Appellants/ Complainants: Mr.P.G.Shunmugam PIP For the Respondent /opposite party : M/s.C.Rajasekaran This First Appeal came up before me for final hearing on

17.11.2025, and on hearing the arguments of the Appellant/complainant-in person and the Respondent/

opposite party and on perusing the material records, and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.SUBBIAH J., PRESIDENT This appeal has been filed by the complainants as against the order of dismissal dated 16.05.2023 passed in C.C.No.192 of 2022 by the District Consumer Disputes Redressal Commission, Chennai (South).

2. The complainants are the Appellants and the Respondent is the opposite party before the District Consumer Commission. For the sake of convenience, the parties in the course of this order will be referred as per their respective rankings before the District Consumer Disputes Redressal Commission, Chennai (South).

3. The case of the Appellants/complainants before the District Commission is that, they were maintaining a Joint Savings Account Number 027001000029224 with the opposite party Indian Overseas Bank at its Anna Nagar East Branch for nearly a decade. They were operating the Savings Account on anyone or survivor basis for cheque payments and for furnishing ECS/Auto Debit mandates. The 1st complainant had given few ECS/NACH debit mandates for auto debits since June 2018 and later gave instructions for stopping auto debits. The opposite party bank also charging ECS Registration charges and “SMS Alert Charges” periodically. The contact details of the complainants are correctly updated with even Mobile No. 9500193005 registered for SMS/OTP alerts and with Email as vijayalakshmi1972@gmail.com for mail alerts and communications. While so, on 07.12.2018 the opposite party started debiting Rs.177/- multiple times as ECS/NACH Return Charges for every ECS Return and had deducted about 36 such entries totalling Rs.6,372/- without any SMS/Email Alert to the complainant, even though mobile number and email address of the complainant were registered with the opposite party. While so, the opposite party had dishonoured cheque No.630491 for Rs.5,586/- issued by the complainant to FIITJEE for special coaching fees for his son’s education, even though there was an adequate balance of Rs.6,178/- as on 11.12.2018, for clearing the said cheque. The opposite party had also returned cheque No. 630500 for Rs.5000/- on 28.12.2019, even though the savings account had a clear balance of Rs.6,178/- till 31.12.2018, as could be seen from the account statement issued by the opposite party. Such debits of Rs.177/- continued on various dates and in effect the balance of Rs.6,178/- were reduced to less than minimum balance. In effect an amount of around Rs.12,550/- was totally debited on various dates from the complainants’ savings account. Hence, the complainants had filed a complaint No. 201819006006090 with the RBI Ombudsman against the opposite party for redressal. It was only through the RBI Ombudsman reply dated 26.03.2019, the complainants understood that the bank had marked a lien for recovery of charges and hence that cheques were returned even though there was adequate balance in the savings account. The amount of Rs.12,550/- so far debited to the savings account for their charges/pen