In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 26 / 2009 1) Smt. Soma Biswas, 122, Vivekananda Sarani, Kolkata-700078. ---------- Complainant ---Verses--- 1) Axis Bank Ltd., 20, Gariahat Road, Golpark, Kolkata-700019, P.S. Gariahat. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 9 Dated 0 4 / 1 2 / 2 0 0 9 . 1. The instant case arises out of the petition of complaint filed on 21.1.09 by Smt. Soma Biswas against Axis Bank Ltd. (through Branch manager), Golpark Branch, 20, Gariahat Road, Golpark, Kolkata-19 having its Eastern Zonal Office at 5, Shakespeare Sarani, Kolkata-71 with a prayer to (a) direct the o.p. to refund Rs.3089.90 only along with 24% interest, (b) direct the o.p. to pay a compensation amounting to Rs.50,000/- only to the complainant on account of delay, inconvenience, mental agony and harassment and (c) any other relief which the ld. Forum deems fit. 2. Specific case is that the complainant opened a Savings Bank A/C with Axis Bank Ltd., Golpark Branch, Kolkata on 27.2.06 having S.B. A/C no.011010100278430 on compliance of official formalities (reply by o.p. para-1). 3. The complainant had the knowledge of the fact that it is necessary to maintain an Average Quarterly Balance of Rs.5000/- and the bank will levy a charge of Rs.750/- per quarter for non-maintenance of such minimum average quarterly balance (MAQB). 4. The complainant joined the Greenwave Technologies India Pvt. Ltd. as a billing associate in the month of May, 2008. 5. The complainant though requested to open a salary account with Axis Bank in which her salary would be credited but the complainant did not agree with the request as she had an account with the Axis Bank and informed her existing Axis Bank A/C number to the employer for the purpose of crediting her salary. 6. The complainant came to know that generally in all salary account of the o.p’s bank, there is no need to maintain minimum average quarterly balance. 7. The complainant being realised that she might not get the benefit of the salary account as the S.B. A/C was opened by her a long time back she with an intention to convert her savings account into a salary account and to get all the benefits of the salary accounts sent a letter dt.7.8.08 via e-mail to easy access @ axisbank.com requesting the o.p. to close the existing S.B. A/C and open a new salary account through her employer (page 20 of the petition of complaint with annexures). 8. The complainant after waiting for a long time got no reply from the o.p. 9. The complainant during her visit to the branch of the o.p’s bank, the bank official assured her that the bank would not levy any charge for non-maintenance of minimum average quarterly balance (MAQB). The officer also assured that there was no need to maintain MAQB in an account where salary was credited regularly. 10. The complainant believed on such assurance of the bank officer in good faith. 11. The complainant suddenly on 31.12.08 discovered that on 30.12.08 a sum of Rs.3089.90 only had been debited from her account (annex-consecutive page 14 of petition of complaint). 12. Immediately, the complainant generated one mini statement from ATM using her debit card and visited the Axis Bank at Golpark for getting the details of such debit. But the complainant was told that they could not provide any information due to system’s fault and had requested her to come after two hours. 13. The complainant again visited at the same bank at around 2-00 p.m. in the afternoon and got the same reply from the bank officials and she was requested to come next day. 14. The complainant on returning home tried to trace the transaction by log in to Internet Banking and discovered that the said debit was for “consolidated charges for account” made by the o.p. itself. 15. Since the complainant had knowledge of the meaning of “consolidated charges for account”, she visited the Axis Bank Branch at Golpark on 1.1.09 and asked for the details of such transaction and the reason for deduction of such a big amount. 16. The Axis Bank, Golpark Branch failed to give any explanation and only informed the complainant that it was a service charge but for what service. 17. The complainant being aggrieved and dissatisfied wrote an e-mail to the Bank’s Grievance Redressal Dept. through ezh@axisbank.com and requested the o.ps. to give explanation of the sudden deduction of such a big account of money as soon as possible (annex- page 21 of the petition of complaint). 18. Accordingly to the rules of the Axis Bank Website such an e-mail is supposed to be reported within eight days. But the complainant did not get the reply. 19. The complainant during this period visited the Golpark Branch of the Axis Bank several times but no branch officials could give any cogent explanation of “consolidated charges for account”. They only said that the consolidate charges for account meant an aggregate of various kinds of charges, but they failed to answer what were those charges. 20. The complainant further adds that there is no such charge, viz. “consolidated charges for account” in the list of charges laid down and displayed in o.p’s website (annex-page 12 & 13 of petition of complaint). 21. Hence the case is lodged by the complainant on the alleged arbitrary action of the o.ps. 22. Decision with reasons :- (a) Perused the petition of complaint, written objection (reply) by o.p., affidavit of examination-in-chief of the complainant, BNA of the complainant and documents on record. It is evident from the w/v of the o.ps. that they received request of the complainant via e-mail dt.7.8.08 to convert her existing savings bank a/c into the S.B. A/C under Salary Power Scheme (vide page 20 of the petition of complaint and para-7 of the w/v of the o.ps.). (b) It is a fact that the complainant was asked by her employer Greenwave Technologies India Pvt. Ltd. to open a salary account with Axis Bank in which her salary would be credited, but since the complainant has got a savings a/c with the Axis Bank, she did not agree to open a new account and informed her existing Axis Bank A/C number to her employer for the purpose of crediting her salary (vide para 7 of petition of complaint). (c) Since then, the salary of the complainant has been credited in the aforesaid account regularly which is evident from the annexures of the petition of complaint (page 14 to 17 of the petition of complaint). (d) Thus, it is not a fact that without the consent of her employer, the complainant has been getting her salary from her existing S.B. A/C 0110101000278430, though the o.ps. in their w/v state in para 8 that the savings a/c can be converted into savings A/c under salary power scheme only after submission of a consent letter from the employer. If that be so, how the o.ps. accept the salary of the complainant sent by her employer in the aforesaid savings a/c of the complainant. This indicates nothing but a tacit acceptance of the conversion of the existing savings a/c into savings a/c under salary power scheme. In that case, the charging of Rs.3089.90 (service tax Rs.339.90 + consolidated charges for a/c. Rs.2750.00) in the statement of account from 1.12.08 to 31.12.08 is totally unwarranted (annex-page 14 of petition of complaint), though in para 10 of w/v, the o.ps. have erroneously mentioned the amount as Rs.2339.90 instead of 3089.90 and they did not explain what was meant by consolidated charges for account (annex-page 20 & 21 of petition of complaint). (e) It is also evident that inspite of receiving the e-mail dt.7.8.08 and 31.12.08 from the complainant, the o.ps. did not care to respond indicating that they had nothing to defend. (f) Thus, the complainant by his oral submission as well as producing documentary evidence has been able to establish her case successfully against the o.ps. 23. Hence, ordered, that the o.ps. are directed to (i) refund Rs.3089.90 (Rupees three thousand eighty nine and paise ninety) only to the complainant within thirty days from the date of communication of this order and in default, the above amount will carry an interest @ 10% p.a. till its full recovery, (ii) pay a compensation amounting to Rs.10,000/- (Rupees ten thousand) only to the complainant for causing her inconvenience, mental agony and harassment within thirty days from the date of communication of this order and in default, the above amount will carry an interest @ 10% p.a. till its full recovery and (iii) pay a litigation cost to the complainant amounting to Rs.3000/- (Rupees three thousand) only within thirty days from the date of communication of this order and in default, the above amount will carry an interest @ 10% p.a. till full recovery. Fees paid are correct. Thus the case is disposed of from this Forum. Supply certified copy of this order to the parties on receipt of prescribed fees. ____Sd-______ _____Sd-_______ MEMBER PRESIDENT | 
