Tripura

West Tripura

CC/82/2015

Sri Samir Kumar Ghatak & Smt. Sujata Bhattacharjee. - Complainant(s)

Versus

Axis Bank Limited & 1 another. - Opp.Party(s)

Smt.B.Sur, Mr.K.Datta, Mr.S.Mahajan.

03 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA  :  AGARTALA

CASE   NO:   CC- 82  of  2015

Samair Kumar Ghatak,
2. Smt. Sujata Bhattacharjee,
Resident of 
Ramnagar Road No. 3, 
Near Ramkrishna Club,
P.O. Ramnagar,
P.S. West Agartala,
Agartala, West Tripura.         .….…...Complainants.

VERSUS

1. Axis Bank Limited,
Corporate Office at,
Bombay Dyeing Mills Compound,
Pandurang Budhkar Marg,
Worli, Mumbai- 400 025.

2. The Branch Manager,
Axis Bank Limited,
Banik Towers, 
H.G.B. Road, Agartala,
District- West Tripura.          ............Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI. U. SAHA,
MEMBER,
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA.

C O U N S E L

For the Complainant        : Sri Sovan Mahajan,
                      Sri Koushik Datta,
                      Smt. Bubli Sur,
                      Advocates.

For the O.P.s                 : Smt. Pushpita Chakraborty,
  Advocate.  

        JUDGMENT  DELIVERED  ON: 03.06.2016

J U D G M E N T 

            This case was filed by one Samir Kumar Ghatak against the Axis Bank Ltd. U/S 12 of the Consumer Protection Act, alleging deficiency of service by Axis Bank. It is alleged that the complainant opened a Savings Bank Account with the Axis Bank Branch at HGB Road, in the year 2006. The bank authority informed him that he was to maintain minimum balance Rs.5000/- in the savings account. Accordingly, he was maintaining the same. His Savings Bank Account balance was Rs.9,050/- in the year 2012. But inspite of that in every month some amount was deducted by the bank authority and surprisingly he noticed on 12.05.15 that his savings bank balance amount reduced to Rs.306.90/-. On query he came to learn that as minimum balance of Rs.10,000/- not maintained by him so in every month Rs.280/- was deducted by the bank authority. From the balance sheet it is found that Rs.30.90/- was deducted as service charge and Rs.250/- was deducted  as consolidated charge. Petitioner was not aware about any change in regard to not maintaining minimum balance. He sent one demand notice to the Branch Manager, Axis Bank and thereafter filed this case.

2.            O.P. appeared & by filing W.S he contends that minimum balance Rs.10,000/- was not maintained by the petitioner  since 2012 so in every month the amount was deducted rightly. There was no deficiency of service in this case.

3.            On the basis of contention raised by both the parties following points cropped up for determination;

             (I) Whether the O.P. rightly deducted the service charge and consolidated charge from the account of the petitioner without informing him?
             (II) Whether  the O.P. had deficiency of service and petitioner is entitled to get compensation?

4.            Petitioner, Samir Kumar Ghatak produced Original Bank Pass Book, demand Notice, Postal receipt, reply of the demand notice, copy of prescription of the complaint, marked and exhibit as Exhibit- 1 Series.

5.            Petitioner also examined one witness Samir Kumar Ghatak, petitioner himself.

6.            On the other hand, O.P. produced statement on affidavit of Jibananda Chetri, Service Manager of the Axis Bank and also produced the photocopy of the reply given to Dulal Chandra Deb, Advocate of the petitioner. Written argument was submitted.

7.            On the basis of evidence we shall now determine the above points.
    FINDINGS AND DECISIONS:
8.            In this case only contention is that the amount was deducted from the A/C of petitioner rightly as minimum balance not maintained. Whether the deduction of amount by the Axis Bank as service charge or consolidated charge was right or wrong.  According to the O.P.  it was done as per rules. But it is not stated who framed this rules in regard to maintaining minimum balance and also for debiting certain amount for consolidated charge and service charge in case of not maintaining  the minimum balance.

9.            It is admitted that the petitioner was allowed to open the bank account on maintaining balance of Rs.5000/-. Thereafter the rules changed as per O.Ps. According to the new rules minimum balance Rs.10,000/- is to be maintained from 2012. This rules or circular not published in the official gazette. Axis Bank is a private bank but it is recognized by the RBI. As per RBI guidelines customer can open bank account by maintaining '0' balance. Axis Bank can not violate the RBI guideline and frame its own rules in different times without approval of R.B.I. Petitioner was firstly allowed to open the bank account and maintained Rs.5000/-. Thereafter without informing the petitioner or in general minimum balance was raised Rs.10,000/-. From the balance sheet of the bank pass book it is found that Rs.30.90 was charged as the service charge. What service was provided in maintaining the account not clarified. For consolidated charge again Rs.250/- was deducted per month. What is consolidated charge also not explained. In the reply letter to the advocate of the petitioner it is stated by the authorized signatory of the Axis Bank that monthly service fee is charged Rs.250/-. The charge continued from September, 2012 and it continued to up to March, 2015. It is stated that for non maintenance of average balance Rs.7,500/- was charged along with service tax from September, 2012 to March 2015. It is stated that Bank has right to impose charges. It appears that bank is arbitrarily authorized to charge any client on framing its own rules. This is definitely deficiency of service. In the name of service O.P. Axis bank arbitrarily imposing charges without any reason. All customers who are maintaining balance more than Rs.10,000/- and less than Rs.10,000/-are clients. They have to get interest for the amount they have deposited. No extra service are given to the client who deposited less than Rs.10,000/-. No consolidated service also given to those persons. So, this arbitrary imposition of charge by the Axis Bank is unfair trade practice and it is also deficiency of service by the O.P.

10.            Petitioner stated that due to this deficiency of service he could not draw the amount that was deposited by him and for that treatment could not be done in time. Prescription given in this regard. Petitioner kept Rs.9050/- with the bank account but it was reduced to only Rs.360/- without informing him about such charge for non maintenance of balance. Petitioner therefore is entitled to get compensation for deficiency of service.

11.            On careful scrutiny of the evidence on record and contention raised by both the parties we find that Opposite party did illegal trade practice and also had deficiency of service. Petitioner therefore, is entitled to get compensation for such deficiency of service amounting to Rs.30,000/-. Petitioner is also entitled to get back the amount deposited by him Rs.9050/- also entitled to get cost of litigation Rs.5000/-. Thus, in total petitioner is entitled to get amount of Rs. 44,050/-.  We direct the O.P. Axis Bank authority to pay amount within 2(two) months otherwise it will carry interest @ 9% P.A.

                      Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA