| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 23 of 30.1.2017 Decided on: 10.3.2021 Munshi Ram Walaiti Ram, Patiala Road, Nabha through its authorized signatory Sh.Rajiv Bansal. …………...Complainant Versus Axis Bank Ltd. 12, Amberkar Market, Nabha through its Branch Manager. …………Opposite Party Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Sh.Sanjay Dhawan, counsel for complainant. Sh.Y.R.Mangla, counsel for OP. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Munshi Ram Walaiti Ram (hereinafter referred to as the complainant) against Axis Bank(hereinafter referred to as the OP/s) under the Consumer Protection Act,(hereinafter referred to as the Act)
Facts of the complaint. - Briefly the case of the complainant is that he has been maintaining account No.912020002097772 with the OP for the last five years, same being operated by its authorized signatory Sh.Rajiv Bansal. It is averred that in the said account an amount of Rs.16551.33 was lying deposited but the OP on 26.10.2015 without assigning any reason deducted the same on account of its expenses. The complainant approached the OP number of time to know the reason but to no avail. A written letter dated 4.6.2016 was also written for the reversal of the said amount but the OP did not pay any heed to the request of the complainant. There is thus deficiency in service on the part of the OP. Hence this complaint with the prayer to accept the same by giving direction to the OP to reverse all the debited amount alongwith interest and also to pay Rs.1,50,000/- as compensation and cost.
Reply/Written Statement - Notice of the complaint was given to the OP who appeared through counsel and contested the complaint by filing written reply having raised preliminary objection that the complaint is not maintainable and that the complainant does not fall under the category of consumer.
- On merits, it is admitted that the complainant has been maintaining the above said account with the OP. It is also admitted that the amount was deducted from the account of the complainant, as at the time of opening of the account complainant was told to maintain the average monthly balance of Rs.50,000/- as per the product variant opted by the customer and the complainant never maintained this balance due to which charges levied and the said amount was deducted from his account. There is no deficiency in service on the part of the OP. After denying all other averments made in the complaint, the OP prayed for the dismissal of the complaint.
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- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C3 and closed the evidence.
- On the other hand, the ld. counsel for the OP has tendered in evidence Ex.OPA affidavit of Rajinder Singh, Branch Manager of OP and closed the evidence.
- The complainant has also filed the written arguments. We have gone through the same, heard the ld. counsel for the parties and have also heard the ld. counsel for the parties.
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- The ld. counsel for the complainant has argued that the complainant is having current account with the OP and he has been maintaining the same for the last five years. The ld. counsel further argued that in the said account Rs.16551.33 was lying deposited but the OP without assigning any reason deducted the said amount on 26.10.2015.The ld. counsel further argued that at the time of opening of the account the complainant was not told about any hidden charges or expenses. The ld. counsel further argued that the debited of Rs.16551.33 is totally illegal, as such the OP be directed to pay the same.
- On the other hand, the ld. counsel for the OP has argued that there were no hidden charges in the said account but the complainant at the time of opening of the account was clearly told that he has to maintain average balance of Rs.50,000/- in the said account and in this case the complainant never maintained average balance of Rs.50,000/-, so charges were deducted and complaint be dismissed.
- To prove the case Rajiv Bansal, authorized signatory has tendered his affidavit, Ex.CA and he has specifically that an amount of Rs.16551.63 was lying deposited in the account but the OP unilaterally and arbitrarily without assigning any reason debited all the amount.Ex.C1 is the statement of account, where the amount of Rs.16551.33 was debited on 26.10.2015,Ex.C2 is the legal notice,Ex.C3 is postal receipt.
- On the other hand Sh.Rajinder Singh Branch Manager of OP has tendered his affidavit, Ex.OPA and he has deposed as per the written statement.
- It is the case of the complainant that an amount of Rs.1655.33 was lying deposited in the account but the OP unilaterally and arbitrarily without assigning any reason debited all the amount on account of expenses for the period from 1.7.2015 to 13.5.2016.The OP in the written statement had pleaded that when the account was opened the complainant was clearly told that he has to maintain average monthly balance of Rs.50,000/- but the complainant never maintained average balance of Rs.50,000/- and this amount was deducted due to charges to levied by the bank, but no document has been placed by the bank to show that the complainant was duty bound to keep Rs.50,000/- in his account. So the stand of the bank is falsified due to non filing of this document. So it is clear that the bank has illegally debited amount of Rs.1655.30 from the account of the complainant. If the bank was to levy legal charges then bank has to intimate its customer .In the present case if the charges are legal then the bank can debit this amount after intimating the complainant and this will no bar on the bank but due to absence of any document which can show that the bank was authorized to deduct this amount, the bank is liable to return this amount. As such the complaint stands allowed and the OP is directed to refund Rs.16551.33 to the complainant alongwith interest @6% per annum from 26.10.2015 till realization with no order as to costs. Compliance of the order be made by the OP within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:10.3.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
