Haryana

Karnal

CC/171/2020

Sukhdev Sharma - Complainant(s)

Versus

Axis bank Ltd. - Opp.Party(s)

Vikram Singh

27 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 171 of 2020

                                                        Date of instt.19.03.2020

                                                        Date of Decision:27.06.2022

 

Sukhdev Sharma son of Shri Rampal Sharma, resident of VPO, Baragaon, District Karnal.

       

               …….Complainant.

                                              Versus

 

Axis Bank Ltd., 3/250, 1 Shakti Colony, Mall Road, Karnal through its Manager.

 

                                                                    …..Opposite Party.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Shri Vineet Kaushik……Member

      Dr. Rekha Chaudhary…….Member

                   

Argued by: Shri Vikram Singh, counsel for the complainant.

                   Shri Deepak Saini, counsel for the opposite party.

 

                    (Jaswant Singh President)

 

ORDER:   

                

                  The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that agent namely Raj Kamal of OP approached the complainant in the year 2015 and his bank has provided facility of ‘0’ balance account if any person opens the account in the OP bank by depositing Rs.2 lakh. Accordingly, complainant agreed to open the account with the OP and OP issued an saving account no.915010013191865 to the complainant. Accordingly, complainant deposited Rs.2 lakhs in the said bank account. Thereafter, complainant started using the said account for his personal use but after sometime the complainant could not use the account due to unavoidable circumstances for a short period. Now OP illegally and forcibly deducted the amount from the account of the complainant i.e. Rs.651.69 on 09.02.2020 and Rs.117.31 on 09.02.2020, Rs.2099.59 on 14.03.2020, Rs.11664.41 on 14.03.2020. Thereafter, complainant contacted the OP so many times and enquires the matter and OP told the complainant that said amount was deducted on account of non-maintaining minimum balance in the said account and when complainant told that said account is 0 balance account then OP tried to postpone the matter on one pretext or the other and did not pay any heed to the request of complainant and also refused to return the said amount. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action and concealment of true and material facts. On merits, it is pleaded that on 29.5.2015, the complainant approached the OP and on the request of the complainant saving account no.915010013191865 was opened in the name of the complainant and at the time of opening of aforesaid account, complainant filled up account opening form and deposited Rs.2,00,000/- through cheque no.678984 dated 28.05.2015 of Canara Bank, Bargaon in the aforesaid account and all other facilities were also provided to the complainant. At the time of opening of account, it was made clear to the complainant that he was legally bound to maintain an average quarterly amount of Rs.2,00,000/- in his account or minimum an average quarterly of Rs.5.00 lacs. This fact is clearly mentioned in the Axis Bank Priority Sign up form which bears the signatures of the complainant and the complainant after understanding the contents of the form, put his signature on the above form admitting it to the correct and to follow the abovesaid statutory conditions. But complainant did not adhere to the conditions mentioned in the form and he did not keep the minimum balance amount of Rs.2,00,000/- quarterly and so as per the rules and regulations of the bank, the necessary charges were debited to the account of the complainant from time to time. The OP never provided any facility of ‘0’ (zero) balance account to the complainant. There is no deficiency in service or unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied by the OP and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1/A, copy of bank account Ex.C1, copy of statement of bank account Ex.C2 and closed the evidence on 20.08.2021 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Vikas Goel, Branch Manager Ex.RW1/A, copy of priority sign up form Ex.RW1, copy of statement for account of complainant between 01.12.2021 to 31.03.2021, copy of charges for SB account Ex.R3 and closed the evidence on 25.05.2022 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and also have gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that in the year 2015 OP has provided facility of ‘0’ balance account if any person opens the account in the OP bank by depositing Rs.2 lakhs. Accordingly, complainant had opened the account with the OP and deposited Rs.2 lakhs in the said bank account. Thereafter, complainant started using the said account for his personal use but after sometime the complainant could not use the account due to unavoidable circumstances for a short period.  OP had illegally and forcibly deducted the amount from the account of the complainant. He further argued that complainant contacted the OP so many times and enquires the matter and OP told the complainant that said amount was deducted on account of non-maintaining minimum balance in the said account, knowingly that the said account was ‘0’ balance account and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for OP, while reiterating the contents of written version, has vehemently argued that on the request of the complainant, saving account was opened and at the time of opening of account, complainant filled up account opening form and deposited Rs.2,00,000/-. At the time of opening of account, it was made clear to the complainant that he was legally bound to maintain an average quarterly amount of Rs.2,00,000/- in his account or minimum an average quarterly of Rs.5.00 lacs, but complainant did not adhere to the conditions mentioned in the form and he did not keep the minimum balance amount of Rs.2,00,000/- quarterly and so as per the rules and regulations of the bank, the necessary charges were debited from the account of the complainant from time to time and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainant got opened the account in Bank of OP by depositing Rs.2,00,000/- in the year of 2015. As per version of the complainant, at the time of the opening of the account, the OP assured that same is ‘0’ balance account, but OP has illegally and forcibly deducted the amount from the account of complainant on various dates.

11.           As per version of the OP, at the time of opening the account, complainant had filled up account opening form and depositing Rs.2,00,000/- and all other facilities were also provided to the complainant. At the time of opening the account, it was made clear to the complainant that he shall be legally bound to maintain an average quarterly of amount of Rs.2,00,000/- in his account or minimum of an average of quarterly of Rs.5,00,000/-, but the complainant did not adhere the conditions mentioned in the account opening form and he did not keep the minimum balance of amount of Rs.2,00,000/- quarterly in his account. So, the necessary charges were deducted from the account of the complainant from time to time.

12.           The onus to prove his version lies upon the complainant, but complainant has miserably failed to prove his version by leading any cogent and convincing evidence. The case of the complainant is relied upon the oral assurance given by the OP as alleged by him. No documentary proof has been placed on record by the complainant to prove his version. Rather, OP has proved his case by placing the opening bank account Ex.RW1, wherein it has been specifically mentioned that -

        “Maintain on Average Quarterly Balance (AQB) of Rs.2 lakhs (In Matro/Urban/Sami-Urban and Rural Locations) in your savings account or

         Maintain on Average Quarterly Balance (AQB) of Rs.5 lakhs access your Savings & Current Account OR”____

 

 The complainant has signed the abovesaid terms and conditions. Furthermore, it is also evident from the bank account statement Ex.C3, the complainant has failed to maintain the balance amount of Rs.2,00,000/- in his account, as per the terms and conditions of the bank account opening form. Hence, in view of the above, we found no deficiency in service on the part of the OP.

13.           In view of the above, present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated the order accordingly, and the file be consigned to the record room, after due compliance.

Announced

Dated:27.06.2022.

                                                                      

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

      

                (Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                      Member                        Member