Banking Service
Consumer Protection Act, 1986, Sections 2(1)(O), 2(1)(d)
The overdraft limit prescribed by the Bank was not without consideration. The Bank is rendering service by providing the overdraft facilities to a customer which is not without consideration. The Bank is charging interest and other charges as well in providing the service. The provision for overdraft facility is certainly a part of banking and its service within the meaning of clause (o) of Section 2 of the Act. In ordinary parlance ‘‘banking’’ is business transactions of a bank (Concise Oxford Dictionary). ‘‘Banking’’ is defined in Black’s Law Dictionary. It is as under:
‘‘The business of banking, as defined by law and custom, consists in the issue of notes payable on demand intended to circulate as money when the banks are banks of issue; in receiving deposits payable on demand; in discounting commercial paper; making loans of money on collateral security; buying and selling bills of exchange; negotiating loans, and dealing in negotiable securities issued by the government, state and national, and municipal and other corporations. Mercantile Bank v. New York [121 US 138, 156 : 7 SCT 826 : 30 L ED 895; Prudence Co., D.C.N.Y. In re.’’ [10 F Supp 33, 36] [Vimal Chandra Grover v. Bank of India, (2000) 5 SCC 122 (130, 131)]