DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 113/2017
Date of Institution : 18.08.2017
Date of Decision : 09.02.2018
Gautam Goyal s/o Sh. Ishwar Anand Prop. of M/s Ishwar Trading Company, Pharwahi Bazar, Barnala, District Barnala.
…Complainant
Versus
Axis Bank Ltd., Aggarsain Chowk, Barnala, District Barnala through its Branch Manager.
…Opposite Party
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. R.K. Singla counsel for the complainant.
Sh. A.K. Jindal counsel for opposite party.
Quorum.-
1. Shri Sukhpal Singh Gill : President.
2. Ms. Vandna Sidhu : Member
ORDER
(SUKHPAL SINGH GILL):
The complainant namely Gautam Goyal Proprietor of M/s Ishwar Trading Company, Barnala has filed the present complaint under Consumer Protection Act against Axis Bank Limited, Barnala opposite party.
2. The brief facts of the present complaint are that the complainant is running a proprietorship under the name of M/s Ishwar Trading Company to earn livelihood through self employment. The representative of the opposite party approached the complainant for opening a current account in their bank and told that there is no hidden charges, service charges, transaction charges, consolidation charges etc. on the current account of the opposite party. On their assurance the complainant opened a Current Account No. 917020003929626 with the opposite party under the scheme CA-Business Advantage. The complainant deposited Rs. 30,000/- on 9.1.2017 through NEFT for this purpose. The opposite party took the signatures of the complainant on an account opening form but did not show/supply any terms and conditions in writing.
3. It is further submitted that complainant deposited a sum of Rs. 5,500/- on 17.1.2017, Rs. 19,000/- on 2.3.2017 and withdrew an amount of Rs. 29,000/- vide cheque No. 62401 dated 15.4.2017. Ther complainant checked his account statement in the last week of July 2017 and found that the opposite party has deducted various types of charges for 12 times i.e. service tax, consolidation charges and GST amounting to Rs. 559.05 paise. The opposite party never informed the complainant about the deduction of these charges. The complainant approached the opposite party and put objection on deduction of these charges. The opposite party told that these charges have been deducted by the computer software automatically and opposite party will refund all the deducted charges. The complainant waited for many days and then approached the opposite party several times for this purpose but to no effect. The complainant fed up with the attitude of the opposite party and closed the said account. As per statement Rs. 25,025.95 paise were lying in the said account on 7.8.2017 but opposite party handed over a draft of Rs. 24,435,95 paise only as fulll and final settlement of the account and deducted the amount of Rs. 590/- as closing charges. The complainant received the draft under protest. The act of the opposite party is not only deficiency in service but also unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-
1) The opposite party may be directed to pay a sum of Rs. 559.05 paise alongwith interest at the rate of 18% per annum from the date of deduction till realization.
2) The opposite party also directed to pay Rs. 590/- as account closing charges alongwith interest at the rate of 18% per annum from the date of deduction i.e. 7.8.2017 till realization.
3) To pay Rs. 50,000/- as compensation on account of mental agony and harassment.
4) To pay Rs. 3,300/- as litigation expenses.
4. Upon notice of this complaint, opposite party filed written version taking legal objections on the grounds that the complainant has no locus standi or cause of action to file the present complaint. This Forum has no jurisdiction to entertain the present complaint.
5. On merits, it is admitted that complainant is sold proprietor of M/s Ishwar Trading Company, Barnala and opened an current account with the opposite party bank. It is submitted that the charges mentioned in the account statement from 18.2.2017 to 22.7.2017 were deducted as per the instructions of the bank circulars, which were circulated from time to time and as per the instructions of the RBI, the entries dated 18.2.2017 were deducted as Service Tax and Consolidated charges. The entry dated 18.3.2017 was deducted for service tax and consolidated charges. The entries dated 15.4.2017, 20.5.2017, 17.6.2017 and 22.7.2017 were deducted on account of service tax, GST and consolidated charges. The opposite party bank deposited the same with the Government as these taxes were levied by the Government of India and Government of Punjab from time to time. It is denied that the bank officials assured the complainant that there is no hidden charges, service charges, transaction charges, consolidation charges etc. on the current account. It is admitted that an amount of Rs. 559.05 paise was deducted from the account of the complainant firm on different dates as service tax, consolidated charges and GST. The opposite party have a right to recover the said taxes from their customers and to deposit the same with the Government of India and Government of Punjab after charged the same from the account holders. It is submitted that on 7.8.2017 when the complainant closed his firm's account with the opposite party bank the opposite party paid Rs. 25,025.95 paise to the complainant as full and final settlement amount to the complainant. So, there is no deficiency in service on the part of the opposite party bank and and finally prayed for the dismissal of complaint.
6. In order to prove his case the complainant tendered into evidence his affidavit Ex.C-1, copy of statement of account Ex.C-2, copy of cheque Ex.C-3, copy of letter dated 8.8.2017 Ex.C-4, copy of courier receipt dated 8.8.2017 Ex.C-5, copy of courier acknowledgment receipt Ex.C-6 and closed their evidence.
7. To rebut the case of the complainant, the opposite party tendered in evidence affidavit of Dimple Kumar Branch Head Ex.OP-1, certificate Ex.OP-2, copy of account statement Ex.OP-3 and closed the evidence.
8. We have heard the learned counsel for the parties and have gone through the record. Written arguments also filed by both the parties.
9. It is admitted fact that the complainant was having a current account bearing No. 917020003929626 with the opposite party. It is also admitted fact that the amount of Rs. 559.05 paise was deducted by the opposite party from the current account of the complainant's firm on different dates. But the opposite party submitted in his written version that they paid Rs. 25,025.95 paise to the complainant as full and final settlement on closing his firm's account with the opposite party. However, from the perusal of copy of draft dated 7.8.2017 Ex.C-3 and certificate issued by the opposite party Ex.OP-2 it is clearly proved that the opposite party paid Rs. 24,435.95 to the complainant on closing the current account of his firm and deducted Rs. 590/- on account of closure charges and GST charges.
10. In the written version the opposite party has taken a specific plea that the opposite party deducted the charges from the current account of the complainant on the basis of the banks circulars which were circulated from time to time and as per the instructions of the RBI. But the opposite party has failed to file any of these circulars or instructions from RBI on the record in which it is mentioned that the opposite party can deduct these charges from the current account of any customer or complainant. The opposite party also failed to prove on record that these circulars or instructions were supplied to the complainant or pasted in the bank premises. Further, the complainant has received the draft of Rs. 24,435.95 paise under protest vide letter Ex.C-4. So, we are of the opinion that act of the opposite party by deducting these charges from the current account of the complainant is not only deficiency in service but it is also unfair trade practice on their part.
11. In view of the above discussion present complaint is allowed and opposite party is directed to pay the amount of Rs. 1,149/- to the complainant alongwith interest at the rate of 6% per annum from the date of filing the present complaint till realization. The opposite party is also directed to pay Rs. 3,000/- to the complainant on account of mental tension, harassment and litigation expenses. Compliance of this order be made within the period of 30 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
9th Day of February 2018
(Sukhpal Singh Gill)
President
(Vandna Sidhu) Member
