| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 166 of 13.5.2019 Decided on: 2.9.2021 Parveen Kumar aged 30 years son of Sham Naryan r/o House No.635, St.No.10,Adarsh Colony,Behind Thapar College, Patiala 147001. …………...Complainant Versus Axis Bank Ltd. Bhadson Road PB,GF Khata No.775/1279/1, Bhadson Road, Patiala 147001 through its Manager. …………Opposite Party. Complaint under the Consumer Protection Act QUORUM Sh. Jasjit Singh Bhinder, President Dr.Harman Shergill Sullar,Member ARGUED BY Ms.Malti Devi, authorized representative of the complainant. Sh.Vaibhav Mangla, counsel for OP. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Parveen Kumar (hereinafter referred to as the complainant) against Axis Bank Ltd.(hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- The brief facts of the case are that complainant Parveen Kumar opened an account bearing No.917010052890888 in Axis Bank with zero balance through OPPO Mobile Company on 7.9.2017 as a salary account in which he was having less than Rs.10,000/-.It is averred that the complainant got last payment of Rs.939/- on 12.2.2018 through Oppo Mobile company. It is further averred that on 3.4.2019, the complainant deposited Rs.5000/- in his account. It is further averred that the OP deducted the entire amount with GST. It is further averred that Rs.4237.29 was deducted as bank consolidated charges and Rs.762.71 as GST @ 18% on charge. It is further averred that the OP has never gave him any information for maintaining the balance in the account. The complainant sent letter dated 24.4.2019 to the OP for getting information and the reply dated 3.5.2019 was sent by the OP but did not give detail of deducted amount on the basis of monthly charges. It is further averred that the OP has deducted very high consolidated charges, which caused financial loss to the complainant. There is also deficiency of service in service on the part of the OP having never given any intimation to maintain the account, which caused mental agony, pain and harassment to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OP to pay the amount of Rs.5000/-; to pay Rs.50,000/-as compensation and Rs.20,000/-as costs of litigations.
- Upon notice OP appeared through counsel and contested the complaint by filing written reply. It is denied that the complainant is consumer of the OP. It is admitted that the complainant opened aforesaid salary account with the OP. It is also admitted that an amount of Rs.4237.19 was deducted as consolidated charges and Rs.762.71 has been deducted as GST from the account of the complainant on account of non maintaining of minimum balance.
- It is pleaded that as per terms and conditions of the bank the salaried account holders are not to maintain minimum balance in the bank but in case of private or individual person, he has to maintain a minimum balance of Rs.10,000/-in his account and this condition is very well mentioned in the account opening form itself. It is pleaded that in the case of the complainant his salary was not credited into his account for consecutive three months on account of which his account was treated as normal saving account and accordingly charges were levied in his account for not maintaining the minimum balance. Reply to the letter of the complainant has also been admitted by the OP. After denying all other averments of the complainant, the OP has prayed for the dismissal of the complaint.
- In support of the complaint, the representative of the complainant has tendered in evidence Ex.C1 affidavit of the complainant alongwith documents
Exs.C2 to C5 and has closed the evidence. - On the other hand, the ld. counsel for the OP has tendered in evidence Ex.OPA affidavit of Jatinder Singh, Branch Manager and closed the evidence.
- We have heard the representative of the complainant, the ld. counsel for the OP and have also gone through the record of the case, carefully.
- The representative of the complainant has argued that the bank has illegally deducted the amount of Rs.4237/- as consolidated charges and Rs.762 as GST without informing the complainant. It is further argued that Parveen Kumar had opened the salary account with the OP with zero balance and he got the last payment through Oppo Mobile company of Rs.939/-. It is further argued that now he is unemployed. He deposited Rs.5000/- in his account on 3.4.2019 but the OP wrongly deducted all the amount with GST.So the complaint be allowed.
- The ld. counsel for the OP has argued that complainant opened the account with the bank and it was a salary account and amount of Rs.4237/- was deducted as consolidated charges and amount of Rs.762/-was deducted as GST for not maintaining minimum balance in the account. The ld. counsel further argued that now he is not entitled to any amount. So the complaint be dismissed.
- To prove this case, complainant has tendered his affidavit, Ex.C1, Ex.C2 is pass book in the name of Parveen Kumar. In this pass book Rs.762.71 and Rs.4237.29 has been shown as deducted amount.Ex.C3 is document of the bank. this document, it is not mentioned that bank will deduct the amount on account of not maintaining minimum balance. The document is accompanied by letter dated 20.4.2019 where in it is written that Rs.4237.29+GST was deducted. Ex.C4 is letter of Axis Bank.Ex.C5 is also letter of Axis Bank. In this letter, it is mentioned that minimum average monthly of Rs.10,000/- is required to be maintain in the account. It is also written that the bank had deducted Rs.4237.29 as consolidated charges.
- On behalf of OP Sh.Jatinder Singh has tendered in evidence his affidavit, Ex.OPA and he has deposed as per the written statement.
- Ex.C2 is the passbook and it is a salary account .There is entry of dated 13.4.2019 when Rs.4237/- as consolidated charges and Rs.762/-was deducted as GST. The bank has stated that this amount was deducted due to non maintaining of minimum balance in the account. Ex.C3 is document of Axis Bank sent to Parveen Kumar. In this document, it is not mentioned that if minimum balance of Rs.10,000/- is not maintained then this amount will be deducted. No notice was given to the complainant before deducted the said amount. It was incumbent upon the OP to give notice to the customer that they are going to deduct the charges from the account as there is less than Rs.10,000/- in the account. So by deducting the amount, illegal act was done by the OP. The bank has failed to justify how they have deducted the amount of Rs.4237/- as consolidated charges and Rs.762/-as GST from the account of the complainant.
- So, due to our above discussion, the complaint is allowed and the OP is directed to refund the amount of Rs.4237/-+ Rs.762/- deducted from the account of the complainant alongwith interest @6% per annum from the date of deduction. The OP is further directed to pay Rs.5000/-as compensation and Rs.5000/-as costs of litigation to the complainant.There is thus deficiency in service on the part of the OP and the OP is liable to refund the amount.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:2.9.2021 Dr.Harman Shergill Sullar Jasjit Singh Bhinder Member President | |
