DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No.482/2022

Date of Institution: 09.09.2022  

Judgment Reserved on: 25.01.2024

Judgment Passed on: 25.01.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member) On leave

Judgment by: Shri Ravi Kumar (Member)

JUDGMENT

1. The Complainant has alleged deficiency in service on the part of OP Bank for making deductions in her account without any information or justification which has caused financial loss and mental agony to her.
2. The Complainant has contended in her complaint that she is maintaining SB Account No.372010100033530 in OP bank at Ashoka Niketan, Delhi. In her said account OP has been deducting charges in the name of SMS charges consolidated charges alongwith GST many times, even when the Complainant asked to stopped the same. Though the OP Bank reversed the amount but did not reverse the GST charges on the said account.
3. Further the Complainant was having debit Card No.4173490102140528 which was valid upto 08/2023 and on 08.08.2022 the OP Bank deducted Rs.236/- as annual charges towards it. Despite of the said Debit Card having validity up to 08/2023, the OP Bank issued a new Debit Card to her without her consent bearing No. 4616800038897139 valid up to 03/2027 and on 12.08.2022 deducted an amount of Rs.590/- i.e. Rs.500/- for debit card and Rs.90/- for GST. On sending Legal Notice to the OP Bank the charges of Rs.500/- were reversed however Rs.90/- towards GST was not reversed and OP Bank also blocked the new Debit Card.
4. By following the above practice OP Bank is making deductions from her account without any information or justification and has violated the rules of transparency in maintaining the bank account and has caused mental harassment and financial loss to the Complainant.
5. The Complainant has filed complaint before this Commission seeking following reliefs:
   • To order for reversal of all deductions with interest at market rate and payment of compensation of Rs.100000/-.
   • To order for payment of litigation cost of Rs.30000/-.
   • To order to OP to not to deduct SMS charges, consolidated charges and any other charges on account of issuing of Debit Card without the consent of the Complainant.
   • Any other relief which this Commission may deem fit be granted in favour of the Complainant.
6. Notice was issued and the same was served on the OP Bank on 13.02.2023. No reply was filed by OP nor they appeared and OP was proceeded ex-parte on 28.03.2023.
7. Complainant has filed her evidence by way of affidavit exhibiting the following documents:
   • Her affidavit of evidence as exhibit CW1/A.
   • Statement of account of the Complainant for the period 01.04.2022 to 31.03.2023 as exhibit CW1/1.
   • Statement of account of the Complainant for the period 03.04.2023 to 08.05.2023 as exhibit CW1/2.
   • Copy of old debit card No.4173490102140528 valid up to 08/2023 as exhibit CW1/3.
   • Copy of new debit card No. 4616800038897139 valid up to 08/2027 as exhibit CW1/4.
   • Copy of Legal Notice dated 16.08.2022 as exhibit CW1/5.
   • Copy of speed post tracking report as exhibit CW1/6.
8. This Commission has heard the arguments of the Complainant and perused the record. OP is running ex-parte.
9. The case of the Complainant is that she is maintaining Account No.372010100033530 in Ashoka Niketan Branch, Delhi of OP Bank. There were certain deductions in her account made by OP Bank she noticed between the period 17.04.2022 to 31.03.2023 (Exhibit CW1/1) and thereafter between the period 03.04.2023 to 08.05.2023 (Exhibit CW1/2). From the statement of account she noticed that there was charges deducted in the account towards SMS charges, consolidated charges with GST and on the protest of the Complainant these charges were reversed however GST amount was not reversed.
10. It is difficult to comprehend the working of OP Bank as they were deducting SMS charges and consolidated charges in the account alongwith GST but on the protest these charges were reversed but GST was not reversed whereas the original amount on refunded and under what mandate/authority OP Bank was doing so.
11. Now coming to the other aspect of issuing new Debit Card no. 4616800038897139 valid up to 08/2027 (exhibit CW1/4) when old Debit Card no. 4173490102140528 was valid up to 08/2023  (exhibit CW1/3) for which Rs.590/- was debited from the account of the Complainant on 12.08.2022 (one year in advance). The new Debit Card was issued without any request from the Complainant. When complainant issued Legal Notice to OP Bank (Exhibit CW1/5) then Rs.500/- was reversed without reversing Rs.90/-.
12. Both the above issues reflect on the working of the OP Bank while dealing with the account of the Complainant and OP made unauthorized deduction in her account and on protest it reversed such entries. This establishes deficiency in service on the part of OP Bank. Otherwise also OP Bank despite of service of Notice chose not to appear nor did it file Reply/objections and the complaint filed by the Complainant goes un-rebutted. The above practice followed by OP Bank also amounts to Unfair Trade Practice.
13. Complainant has not filed any other details of pending unauthorized debits and out of whatever details have been filed by the complainant most of them have been reversed though without re-crediting the GST deducted. As per Exhibit CW1/1 and CW1/2 (i.e. statement of account filed) The amount involved towards non-crediting of GST payment/other charges is very small i.e. Rs.123.09p. Since the Commission has come to the conclusion that there is deficiency in service on the part of the OP in making deduction in the account of the complainant alongwith GST hence OP is liable to re-credit the said amount.  

For the reasons stated above the Commission holds OP Bank liable for deficiency in service and adopting Unfair Trade Practice and orders as follows:

• OP shall pay Rs.123.09 to the complainant towards GST charges/other charges.
• OP shall pay Rs.7,500/- to the Complainant towards mental agony and harassment including all expenses.

If the above amount is not paid within 30 days from the date of receipt of order then OP shall pay the total amount of Rs.7,623.09 alongwith interest @ 9% from the date of filing the case till the date of realization.

Copy of the order be supplied/send to parties free of cost as per rules.

File be consigned to Record Room.

Announced on 25.01.2024