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1 Appeal No.551/2021
Date of Filing :29.07.2021
Date of Disposal :21.12.2021
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 21st DAY OF DECEMBER -2021
PRESENT
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs.M.DIVYASHREE : LADY MEMBER
APPEAL NO.551/2021
M/s.Kotak Mahindra Bank Ltd.,
Someshwar Heights,
Near Old DSP Office,
Dharwad,
Rep. by its Authorized Signatory
Sri.Chandrashekar Patil. … Appellant
(By Sri.B.C.Avinash, Advocate)
-Versus-
M/s.Jayalakshmi Cotton Industries
Ginning and Pressing Factory,
Block No.119/A2,
Narendra Taluk,
Dharwad,
Rep. by its Partner
Sri.Mallikarjun S Sultanpuri. ..Respondent
2 Appeal No.551/2021
O R D E R
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
1. This is an appeal filed u/s 15 of the C.P Act, 1986 by OP
aggrieved by the order dated 31.03.2021 passed in CC-
151/2019 by District Commission, Dharwad (For short District
Forum/Commission and the parties arrayed as in the consumer
complaint).
2. The facts in brief as stated by the Complainant before
District Commission is that, he is esteemed business concern
during business in cotton and allied products having Over Draft
account no.141042011823 and also another Working Capital
account no.1000000 with OP bank for last 10 years and is
maintaining both account properly and regularly. He had
opened the said account with ING Vysya Bank and at that time
he had no any complaints with regard to the service rendered to
him. However, after the merger of the ING Vysya Bank with
Kotak Mahindra Bank, he is not satisfied with regard to the
service rendered by OP bank and in this regard he alleged
against Op that they failed to provide corrected loan account
statement and also the copies of the loan documents requested
by him despite repeated requests and reminders and further
3 Appeal No.551/2021
legal notice issued on 19.06.2019 and sought for the relief to be
directed against Op to pay Rs.5 lakhs as damages for the
mental pain and agony, Rs.10 lakhs towards financial loss
caused to him on account of deficiency in service along with
interest at 12% p.a. and to pay Rs.50,000/- towards litigation
cost. Further sought for direction to furnish the proper account
statement
in
both
the
accounts
bearing
no.(1)
81911TL010000001 and (2) 141042011823 (INR) to him in the
manner as it was earlier issued by ING Vysya Bank before
merger.
2. This was contested by OP bank denying the allegations that
OP is not deficient in rendering service to the Complainant.
Further contended that while converting the loan account of the
Complainant, the overdraft facility was taken as it was, due to
the technical error and accordingly, the accounting system was
recording only the monthly interest component of the loan and
due to the said technical error, the monthly principle
component of installments was not recorded. Thus, since
January 2016 only the monthly interest portion of the loan
installment was reflected in the system, whereas, outstanding
principle amount got failed to get updated in the system. Since
4 Appeal No.551/2021
this technical error was due to migration issue of ING Vysya
Bank‟s accounts to Kotak Mahindra Bank‟s accounting system
and in view of certain technical difficulties, the said error was
difficult to be rectified immediately. However it was rectified
subsequently. The amount paid by the Complainant was
readjusted towards principle component, interest a
