Order-16.
Date-03/09/205.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he has been working in Reacon Engineers (I) Pvt. Ltd. since 2011 and his scheduled duty hours is from 10-30 a.m. to 7 p.m. but whenever it necessary he has to do his jobs till 10 p.m. Since after joining in the aforesaid company a salary account had been opened in the name of the complainant at the Axis Bank Ltd. (OP3) having its office at 69, Ganesh Chandra Avenue, Kolkata – 700 013. In fact, complainant’s company had paid all its employees’ salary through the Axis Bank, moreover, their company has various business relations with the Axis Bank and their representatives often come to their office, even, some of the officials of the complainant’s company have credit cards account lying with the Axis Bank, Credit Card Division, G.C. Avenue Branch, Kolkata.
As part of duties complainant had to go to OP1 Bank frequently and observing the performance of the staff and other relevant banking service he felt that they are trustworthy and reliable in all respect.
On number of days representatives of the OP1 approached him for taking their credit card and alluring him somehow managed to agree the complainant to take their credit card and on good faith and belief complainant signed their prescribed form for credit card membership but he never applied for taking any kind of cards either online or by written application to the said Bank, Card Division, OP1.
Unfortunately complainant’s company closed its payment of salary through Axis Bank Ltd and transferred it to another bank and accordingly complainant also wanted to close his individual account and as per advice of their staff he opened a new Savings Account in their bank. According to their rules and regulations one had to keep minimum balance Rs.10,000/- to maintain a savings bank and complainant did the same and instructed them that all previous terms and conditions would be the same i.e. his LIC policy premium would be paid from the new account, his another life insurance (Max Life Insurance) would be paid and moreover, his annual fees of Rs.100/- for holding and/or keeping credit of axis bank would be paid from the said new Savings Bank Account and on a working day at a busy hours complainant signed on the prescribed form of SB Account.
It is stated before issuing the credit card the concerned authority enquired his address with landmark and went to his house for personal enquiry and became sure about his staying at the address given to them. Surprisingly on 10-11-2014 complainant got a notice that his SB Account has been charged lien for payment of Rs.5,322/- and again on 28-11-20143 he got the same notice. Complainant went to the Bank for meeting the Branch Head, G.C. Avenue Branch to stop the payment as demanded by the said Axis Bank, Credit Card Division but he refused to pay heed on his request or accept his letter for stopping payment to the said bank, Credit Card Division, thereafter, he sent a letter with registered with A/D to the Branch Head, Axis Bank Ltd., G.C. Avenue Branch stating all the facts and requesting him not to give any payment to Axis Bank but till date no answer has been given on the part of the Axis Bank Ltd. Thereafter, complainant went to the bank and collected his savings bank account statement and noticed to his utter surprise that on 12-11-2014 an amount of Rs.5,322/- has been deducted from his Savings Bank Account illegally, unfairly and unjustly. Thereafter complainant met with one lady staff of the bank named Swagata and requested for remedy but she refused to do anything and advised to write in mail with and but in spite of writing several e-mails stating all the grievances of the complainant and sought for redress but each and every time they acknowledged the e-main ID and answered technically that the e-mail ID of the complainant is not registered in their record although it had also been informed by the complainant that he has already registered his e-mail ID with the help of their tele banking help line services. On enquiry from the internet complainant found and got an address at 7, Shakespeare Sarani, Kolkata being the Regional Office of the Axis Bank Credit Card Division. Complainant met with one Baishaki who told her the details and then complainant came to know here for the first time that the complainant had been given ‘Card Protection Service’ by the aforesaid Axis Bank, Credit Card Division which is totally false and fake but they were unable to give any remedy and handed the complainant two names Arindam and Karim, Fraud Control Department, Axis Bank Credit Card Division. Accordingly complainant went to meet but there were out stationed and then met with one officer namely Santosh and another staff Saugata and they informed the complainant for giving Card Protection an amount of Rs.128/- has been risen to Rs.5,322/- and complainant was shocked and stunned to hear that. He never applied for any type of card protection at that material time and/or afterwards. So, the money they deducted from the complainant’s savings bank account is totally illegal and arbitrary and having no base at all. In the mean time Axis Bank Ltd. has deducted Rs.750/- in plea of not maintaining minimum balance in the savings bank account and in this way complainant suffered in two ways and Axis Bank Ltd. are guilty of violating the trust and finding no other ways complainant filed this complaint for redressal.
On the other hand, OP by filing written statement submitted that this Forum has no jurisdiction to decide the same because the complainant has suppressed the material fact and further submitted that complainant had a salary account being No.911010018402670 with the OP Bank and that account was closed sometime in December, 2014. Thereafter, in July, 2012 complainant approached OP Bank for availing of a credit card in favour of the complainant being No.5241 7800 0193 3816 with a credit limit of Rs.18,000/- and the said credit card is covered by the Card Member Regulations of the OP which is provided to the customer in the welcome kit along with credit card.
After closure of salary account in the month of December, 2014 for opening a SB Account with them and as per clause and condition of the bank for opening a savings bank account complainant must have to maintain a minimum balance on account of Rs.10,000/- but in spite of having full knowledge of the complainant he failed and neglected to maintain the minimum balance in the SB Account for which as per the terms and condition OP Bank had to debit charges for non-maintenance of minimum balance in the SB Account. In continuation of the said credit card facility payment of his outstanding dues thereof, the complainant enhanced his card and enrolled himself in the new plan of the OP Bank and protected his credit card from different risks, online fraud etc. and the said protection facility was auto renewal basis and cost/charges of the said protection was communicated to the complainant and accordingly OP Banks enrolled the complainant in said Card Protection Plant and levied Rs.1,287/- in credit card statement of the complainant.
Complainant made payments towards his outstanding including card protection charges month by month and continued to pay till the reopening of new Savings Bank Account and, thereafter, failed and/or neglected to keep financial discipline. In spite of receipt of the regular statements, he made various default in payment of his dues, as a consequence to that a substantial amount became due and payable by the complainant to the OP and OP Bank gave several reminders to the complainant to clear his outstanding but in spite of being aware about his outstanding the complainant failed and neglected to clear his dues and accordingly as per Clause 31 of the Credit Card Rules and Section 171 of Indian Contract Act OP Bank imposed a lien on his SB Account as well as on his Salary Account to the tune of Rs.4,597-53 being the outstanding as on that date and called upon the complainant vide notice dated 14-10-2014 and 29-10-2014 to clear his outstanding within 7 days from the date of receipt of the said notice but in spite of that complainant did not turn up to clear the dues as such the OP Bank on 11-12-2014 deducted the outstanding amount of Rs.5,222/-. So, it is evident from the aforesaid fact that for non-payment of the outstanding dues as per terms and condition of the credit card the said amount was deducted and there was no negligence and deficiency on the part of the OP. It is further submitted that the complainant availed of the credit card protection plan, time to time paid charges in part for protection plan but complainant has suppressed that fact. Further it is submitted that for non-maintenance of the minimum balance of Rs.10,000/- as per terms of the Savings Bank Account a charge imposed upon the said account and as because that was not paid to the SB Account to increase the minimum balance of Rs.10,000/- so, the sum was deducted and accordingly total dues for non-maintenance of the minimum balance, non-payment of the charge for protection of the card the amount became Rs.5,222/- and that was deducted from the salary and it is not a negligence but as per terms and Banking Rules it was done so, in the above circumstances the complaint should be dismissed when the entire allegation is false and fabricated.
Decision with Reasons
On an indepth study of the complaint and the written version and also considering the argument as advanced by the Ld. Lawyers of both the parties and further considering the complaint we are convinced that complainant’s only allegation is that that OP deducted a sum of Rs.5,322/- has been deducted from his Savings Bank account illegally, unfairly and unjustly.
It is specifically mentioned that unilaterally OP deducted card protection service charge against credit card issued in favour of the complainant and also for deducting some charges for not maintaining the minimum amount of Rs.10,000/- in the Savings Bank Account and admittedly complainant has his Savings Bank Account and further complainant has a credit card bearing No.5241780001933816.
Now, the question is whether OP can deduct charge in Card Protection Plan (CPP), can deduct any amount of Rs.750/- for not maintaining of minimum amount to Rs.10,000/- in the Savings Bank Account and other charges.
In this regard OP submitted that everything was done as per Credit Card Rules and as per Banking Rules and admitted position is that complainant has his one credit card and also a savings bank account. But allegation of the complainant that charge was levied unilaterally without consent and against the directives of the RBI.
As per RBI Guideline or Circular being No.DBS-CO-ITC.BC.NO.6/31.02.008/2010 and dated 29-04-2011 the banks were directed to take all such security measures including period of beneficiary for risk management to check cyber frauds and Bank was advised to implement various security measures etc. and no doubt as per that order it is the bounden duty on the part of the Bank to take such all protective measures against any cyber frauds and to take all security against electronic bank and for taking such risk management. So, it is clear that bank is bound to take such type of management for avoiding any cyber fraud transaction made by the customer and in this regard bank charges, any fees for their services rendered for better methods of maintaining security system against cyber frauds by introducing modern and new methods as per directives of the RBI in that case that part of the action of action on the part of the OP is not illegal. Practically, by a judgment Hon’ble Supreme Court has observed that some charges are necessitated due to modernization of its function and services and the question of it being unilaterally taken by Bank does not arise, no question of getting consent of each customer also arise.
Relying upon that judgment and observation of the Supreme Court we are convinced to hold that bank as per RBI guideline can impose such charges as are necessitated due to modernization of its functioning and services and such sort of charges even after its unilateral cannot be questioned before any court of law and the question of getting the consent of each customer does not arise because in the present case complainant already accepted the credit card also upon savings bank account knowing fully well of the terms and condition.
Truth is that complainant has not maintained minimum balance of Rs.10,000/- in the said account and for which Rs.750/- deducted as penal charges and for card protection charges OP has deducted Rs.1,287/-.
Fact remains complainant has his account being No.914010026426595 that is the Savings Bank Account and from that account Rs.5,222.30 was deducted but after considering the entire materials we find that OP Bank did not submit the details in respect of deduction of that amount but as per RBI guideline it is the duty of the Bank to report to the customer before deduction the detailed head of deduction and its total amount and further amount but OP bank did not submit any such detail under what head said amount was charged and after calculation of such detailed the amount became Rs.5,222-03 no doubt that is the laches otherwise bank has his authority as per RBI guideline to take such charges when it is a consideration paid for providing the banking services and the question relating to the prices of such services does not come within the jurisdiction of this Forum so, in this regard complainant has failed to produce any such document or any RBI guideline that OP Bank cannot take such amount from SB account. Truth is that complainant did not pay the said amount. Truth is that complainant card is under the coverage of CPP so, complainant is liable to pay such charges as imposed. Apparently, we have failed to search out any illegality for deducting that amount from the SB Account and charging of such fees against such account.
Further we have gone through the credit card statement starting from 21-07-2012 to 11-12-2014 and no doubt after proper calculation of the said statement as filed later it is found that complainant failed to pay Rs.5,222.03 upto 11-10-2014 and in fact complainant did not pay it for which the total amount of Rs.5,222-03 was deducted from the SB account of the complainant and that is the correct procedure adopted by the OP and that is the guideline of the RBI and it is within the terms and condition of the SB account and also credit card. So, we find that complainant appeared before this Forum without any legal and justified ground as deduction was not illegal. It was rightly deducted because there was due and that due is found filed in detail by the Bank and the said dues are for the period from 21-07-2012 to 11-10-2014 and when complainant did not pay it. It was deducted on 12-11-2014 from complainant’s SB Account. So, there is no illegality in the eye of law.
In view of the above findings and also relying upon the judgment of the Supreme Court as already referred we find that this complaint is completely baseless without foundation and practically for some ill purpose this complaint was filed and it is also found that complainant was well aware of the outstanding dues from month by month statement which was sent to the complainant but complainant did not think for a moment that it was his the duty to pay the same.
In the result, the case fails.
Hence,
Ordered
That the case be and the same is dismissed on contest against the OP but without any cost.
