PER:
Varinder Pal Singh Saini, Member
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite party on the allegations that the complainant is the regular customer of the opposite party i.e. concerned bank and the complainant is having saving account bearing No. 913010038422975 with its branch situated at village Chabhal Tehsil and District Tarn Taran. The opposite party i.e. concerned bank issued one credit card bearing No. 4514570020326297 in the name of complainant. The complainant is regularly used the credit card since for the last about 3 years. The complainant regularly used credit card for the purchase of items as well as shopping. On 10.7.2019 a due installment which was Rs. 27,495.64 Paise but Rs. 29,838/- was balance in the saving account bearing account No. 913010038422975 of the complainant but the opposite party deducted the said amount of Rs. 27,495.64 Paise and on the same day, the opposite party intentionally and with malafide intention reversal the said installment i.e. Rs. 27,495.64 Paise to the account of opposite party and his branch sent the messages to the complainant with regard to insufficient balance in his account but the complainant has sufficient amount in his bank account i.e. Rs. 29,838/-. After that on 15.7.2019 the complainant again deposited for a sum of Rs. 3,000/- in credit card account through phone pee but the opposite party deducted Rs. 7,441/- on 19.8.2019. On the next day the complainant approached the branch to inquire the illegal deduction from his account due to insufficient funds in his account but the complainant said to the concerned authority that on 10.7.2019 the fund was sufficient to deduct the installment but the concerned branch officer did not give any heed to the genuine request of the complainant and after that other charges deducted from account of complainant. After that the opposite party auto debit credit card amount i.e. Rs. 41,513.41 paise on 10.9.2019 from the complainant’s account without intimation to the complainant but amount was not deducted due to insufficient funds then the opposite party branch deducted charges Rs. 149.45 Paise, Rs. 830.27 Paise, Rs. 262.87 Paise and Rs. 1460.81 Paise from 10.9.2019 to 10.9.2019. After that the opposite party i.e. branch auto debit credit card amount i.e. Rs. 45,090.47 Paise on dated 10.10.2019 from the complainant’s account without intimation to the complainant but amount was not deducted due to insufficient funds then the opposite party branch deducted charges Rs. 901.81 Paise, Rs. 126/-, Rs. 700/-, Rs. 90/-, Rs. 500/-, Rs. 1523.87 paise, Rs. 271.30 paise from 10.10.2019 to 18.10.2019. After that the complainant a number of times approached the opposite party concerned branch by pay the above said whole amount which was due in credit card of the complainant but the opposite party branch lingered on the matter on one pretext or the other and never give the final amount which was due towards the opposite party bank. After that the opposite party bank has not informed regarding the above said charges calculation to the complainant without any reason whatsoever and after that various time the opposite party bank deducted charges without intimating to opposite party and without any fault on the part of the complainant. The opposite party bank is deducted the various amounts charges from the complainant illegally. The complainant has prayed that the following reliefs may kindly be granted to the complainant
- The opposite party may kindly be directed to repay the above said deducted charges to the complainant immediately.
- The opposite party may kindly be directed to pay compensation of Rs. 50,000/- for causing harassment of the complainant.
- The opposite party may kindly be directed to pay litigation expenses of Rs. 30,000/- to the complainant.
Alongwith the complaint, the complainant has placed on record affidavit of complainant Ex. C-1, Self attested copy of account statement bearing account No. 913010038422975 Ex. C-2, Self attested copy of statements of credit Card Ex. C-3, Self attested copy of Adhar Card Ex. C-4.
2 Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and filed written version by interalia pleadings that the present complaint is not maintainable and is liable to be dismissed. The complainant has suppressed so many material facts from this Commission and has not placed true and full facts before this Commission. So the complainant is not entitled to any relief from this Commission. The complainant has not approached before this commission with clean hands and suppressed so many material facts from this commission, so, the complainant is not entitled to any relief from this commission, rather the amount of the complainant has already reversed from opposite party bank and opposite party bank did not deduct any extra amount from the account of complainant. The complainant has got no locus standi and cause of action to file the present complaint. The present complaint is an abuse of process of the court and is liable to be dismissed. The complainant has got no cause of action against the opposite party. The complainant is a wrong doer and is not entitled to any relief. The present complaint has been filed by the complainant with malafide intention with ulterior motive with intent to harass the opposite party. The complainant is regularly using credit card for the purchase of items as well as shopping. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite party has placed on record affidavit of Birinder Singh Manager Ex OP1/1, statement Ex. OP1/2
3 We have heard the Ld. counsel for the complainant and opposite party and have carefully gone through the record placed on the file.
4 Ld. counsel for the contended that the complainant is the regular customer of the opposite party i.e. concerned bank and the complainant is having saving account bearing No. 913010038422975 with its branch situated at village Chabhal Tehsil and District Tarn Taran. The opposite party i.e. concerned bank issued one credit card bearing No. 4514570020326297 in the name of complainant. He further contended that the complainant is regularly used the credit card since for the last about 3 years. The complainant regularly used credit card for the purchase of items as well as shopping. He further contended that on 10.7.2019 a due installment which was Rs. 27,495.64 Paise but Rs. 29,838/- was balance in the saving account bearing account No. 913010038422975 of the complainant but the opposite party deducted the said amount of Rs. 27,495.64 Paise and on the same day, the opposite party intentionally and with malafide intention reversal the said installment i.e. Rs. 27,495.64 Paise to the account of opposite party and his branch sent the messages to the complainant with regard to insufficient balance in his account but the complainant has sufficient amount in his bank account i.e. Rs. 29,838/-. He further contended that after that on 15.7.2019 the complainant again deposited for a sum of Rs. 3,000/- in credit card account through phone pee but the opposite party deducted Rs. 7,441/- on 19.8.2019. On the next day the complainant approached the branch to inquire the illegal deduction from his account due to insufficient funds in his account but the complainant said to the concerned authority that on 10.7.2019 the fund was sufficient to deduct the installment but the concerned branch officer did not give any heed to the genuine request of the complainant and after that other charges deducted from account of complainant. He further contended that after that the opposite party auto debit credit card amount i.e. Rs. 41,513.41 paise on 10.9.2019 from the complainant’s account without intimation to the complainant but amount was not deducted due to insufficient funds then the opposite party branch deducted charges Rs. 149.45 Paise, Rs. 830.27 Paise, Rs. 262.87 Paise and Rs. 1460.81 Paise from 10.9.2019 to 10.9.2019. After that the opposite party i.e. branch auto debit credit card amount i.e. Rs. 45,090.47 Paise on dated 10.10.2019 from the complainant’s account without intimation to the complainant but amount was not deducted due to insufficient funds then the opposite party branch deducted charges Rs. 901.81 Paise, Rs. 126/-, Rs. 700/-, Rs. 90/-, Rs. 500/-, Rs. 1523.87 paise, Rs. 271.30 paise from 10.10.2019 to 18.10.2019. He further contended that after that the complainant a number of times approached the opposite party concerned branch by pay the above said whole amount which was due in credit card of the complainant but the opposite party branch lingered on the matter on one pretext or the other and never give the final amount which was due towards the opposite party bank. After that the opposite party bank has not informed regarding the above said charges calculation to the complainant without any reason whatsoever and after that various time the opposite party bank deducted charges without intimating to opposite party and without any fault on the part of the complainant. He further contended that the opposite party bank is deducted the various amounts charges from the complainant illegally.
5 On the other hands. Ld. counsel for the opposite party contended that the present complaint is not maintainable and is liable to be dismissed. The complainant has suppressed so many material facts from this Commission and has not placed true and full facts before this Commission. So the complainant is not entitled to any relief from this Commission. The complainant has not approached before this commission with clean hands and suppressed so many material facts from this commission, so, the complainant is not entitled to any relief from this commission, rather the amount of the complainant has already reversed from opposite party bank and opposite party bank did not deduct any extra amount from the account of complainant. The complainant has got no locus standi and cause of action to file the present complaint. The present complaint is an abuse of process of the court and is liable to be dismissed. The complainant has got no cause of action against the opposite party. The complainant is a wrong doer and is not entitled to any relief. The present complaint has been filed by the complainant with malafide intention with ulterior motive with intent to harass the opposite party. He further contended that the complainant is regularly using credit card for the purchase of items as well as shopping. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same.
6 We have heard the rival contention of Ld. counsel for the parties.
7 In the present case it is not disputed that the complainant is account holder of the opposite party and it is also not disputed that the complainant is consumer of the opposite party. It is also not disputed that the complainant is using the credit card of the opposite party. The dispute in the present case is that according to complainant, the opposite party has deducted Rs. 149.15 Paise, Rs. 830.27 Paise, Rs. 300/- Rs. 262.67 Paise and Rs. 1460.81 from 10.9.2019 to 18.9.2019 without any reason. However an amount of Rs. 29,838/- was lying in the account of the complainant on 9.7.2019. On 10.7.2019, the opposite party auto debit payment received of Rs. 27,495.64 Paise but the opposite party reversal auto debit payment received of Rs. 27,495.64 Paise and later on sent message of insufficient funds in the account of complainant and deducted above said Rs. 149.15 Paise, Rs. 830.27 Paise, Rs. 300/- Rs. 262.67 Paise and Rs. 1460.81 from 10.9.2019 to 18.9.2019 from the account of complainant. Similarly, charges of Rs. 901.81, Rs. 126, Rs. 700, Rs. 90/-, Rs. 500/-, Rs. 1523.87 and Rs. 274.30 from 10.10.2019 to 18.10.2019 have been deducted. However perusal of statement of account Ex. C-2 shows that amount of Rs. 29,838/- were lying on 9.7.2019 and Ex. C-3 shows that on 10.7.2019 bank Auto Debited amount of Rs. 27,495.64 of credit card and same was reversed on dated 10.7.2019. As such, version of the complainant is correct. Moreover, in the written version, the opposite party has itself admitted that the amount of the complainant has already been reversed from opposite party bank, which shows that the amount has been wrongly deducted from the account of complainant and later on the same sent back to the account of complainant which shows that there is deficiency in service and unfair trade practice on the part of the opposite party. Moreover, as per admission of the opposite party they have reversed the deducted amount in the account of complainant, then fine if any, deducted by the opposite party due to that reason be also returned to the complainant.
8 In view of above discussion we allow the present complaint and opposite party is directed to return the deducted amount to the complainant which has been deducted due to insufficient funds. The complainant has been harassed by the opposite party for a long time, therefore, the complainant is entitled to Rs.7,500/- as compensation on account of harassment and mental agony and Rs 5,000/-as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
26.10.2023
