Haryana

Yamunanagar

CC/722/2012

Raj Kumar S/o Ram Saroop - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

Pankaj Kumar

15 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                             Complaint No. 722 of 2012.

                                                                                             Date of institution: 10.07.2012

                                                                                             Date of decision: 15.07.2016.

Raj Kumar aged about 45 years son of Shri Ram Saroop, resident of V.P.O. Buria, Tehsil Jagadhri, District Yamuna Nagar.                                                                                                                                                                                                                                                                                                        …Complainant.

                                    Versus

The Branch Manager, Axis Bank, Near Mela Singh Chowk, Yamuna Nagar, District Yamuna Nagar.

                                                                                                                                                                                                                                                                                                                    …Respondent.

 

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Pankaj Kumar Kamboj, Advocate, counsel for complainant.  

               Sh. Nalin Gupta, Advocate, counsel for respondent.              

             

ORDER

 

1.                     The present complaint has been filed under section 12 of the Consumer Protection Act 1986, amended up to date.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant is having a bank account with the respondent (hereinafter referred as OP Bank) bearing account No. 581010100009577 which was opened by the complainant in the year 2008, against payment and also got a cheque book. The complainant was regularly using the abovesaid account. In the month of February, 2011, the complainant has purchased a motorcycle make Platina and got it financed from Shri Ram Company Limited and made payment of installments through several cheques. On 12.03.2012, an officer of Shri Ram Finance Company Limited visited the house of the complainant and told that the cheques of the complainant have been dishonoured due to insufficient fund. The complainant was astonished to hear such words because prior to presentation of the cheque, the complainant was depositing the EMI amount in his bank account. Thereafter, the complainant got completed the pass book. The Manager of the Op Bank said to the complainant that his amount has been deducted by them on account of consolidated charges, services. The complainant objected the same and told to the Manager of the OP Bank that they have not informed the complainant through a single letter or gave any oral information regarding any deductions, so, they have no right to deduct the amount on account of service charges and consolidation charges and the same is liable to be refunded. As per the rules and regulations made by the RBI, OP Bank have no right to deduct the amount from the account of the complainant on account of consolidation charges and service tax on different dates and as such there is a deficiency in service on the part of the OP Bank and the complainant is entitled to get refund of the amount from the OP Bank alongwith interest and further is also entitled to get the compensation as well as litigation expenses.

3.                     In support of his version, counsel for the complainant tendered into evidence short affidavit of complainant as Annexure CX and documents such as photo copy of pass book containing entries w.e.f. 07.04.2008 to 07.03.2012 and closed the evidence on behalf of complainant.

4.                     Upon notice, OP appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; there is no deficiency in service on the part of OP Bank; complainant has not come to this Forum with clean hands and has concealed the true and material facts. The true facts are that on 09.04.2008, the  complainant got his saving account opened with the OP Bank by admitting all the terms and conditions of the bank(photo copy of account opening form is (Annexure R-1). As per terms and conditions, complainant has undertaken all the terms and conditions of the Bank regarding maintaining minimum balance in the saving bank account, interest, cheque book charges, cheque return charges etc. etc. It has been further mentioned that the OP Bank has charged all the charges as per guidelines/ instructions of the RBI. As per terms and conditions (Annexure R-2), in the Urban Branch, the minimum balance required to be maintained by a customer was Rs. 10,000/-. Similarly, the cheque return charges was as Rs. 350/- per transaction and all the charges were well within the knowledge of the complainant. The complainant did not adhere the banking discipline and did not maintain the minimum balance. As per the account statement of the saving account of the complainant (Annexure R-3), there was balance of Rs. 2/- only on 07.01.2012 and thereafter a cheque of the complainant was returned on 30.01.2012 and a sum of Rs. 384.05 was debited in his account as cheque return charges. Thereafter, again a cheque of the complainant was returned back and a sum of Rs. 386.05 was debited in his account. In this way, account balance of the complainant had gone in minus (-). Thereafter, the complainant had deposited a sum of Rs. 1500/- on 08.02.2012 and his balance was Rs. 1113.95. Thereafter on 13.02.2012 a charges of Rs. 384.05 were deducted from the account of the complainant, as the reversal of debit balance in saving account and his balance was Rs. 729.90. On 27.02.2012 a consolidated charge of account amounting to Rs. 613.20 was deducted from the account of the complainant for not maintaining minimum balance in his account and in this way his balance remained Rs. 33.54 only. After that another cheque of the complainant was also returned on 27.02.2012 and again Rs.386.05 was deducted as charges and again the account of the complainant had gone in minus (-). The whole above story has been repeated so many times by the complainant. Therefore, the complainant is not entitled for any relief and there was no deficiency in service on the part of OPs and on merit it has been mentioned that charges were deducted by the OP Bank as per agreement and as per instructions of the RBI and reiterated the stand taken in the preliminary objections. Lastly, prayed for dismissal of complaint.

5.                     In support of his version counsel for the OP Bank tendered into evidence Photo copy of Saving Bank Account opening Form as Annexure R-1, Photo copy of terms and conditions for opening the saving bank as Annexure R-2, Account statement w.e.f. 07.01.2012 to 29.06.2012 as Annexure R-3 and closed the evidence on behalf of Op Bank. 6.               We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     The only version of the complainant is that the Op Bank has deducted total amount of Rs. 6975.75 on account of service charges, service tax and consolidated charges from the account of his saving account so many times without any intimation and consent of the complainant against the guidelines/ instructions of the RBI Bank which is evident from the photo copy of pass book Annexure C-1.

8.                     On the other hand, learned counsel for the OP Bank hotly argued at length that the OP Bank had deducted the charges as per RBI Guidelines and as per terms and conditions of the agreement executed by the complainant at the time of opening saving bank account which is duly evident from the photo copy of saving bank account opening form (Annexure R-1) and further from the terms and conditions (Annexure R-2). Learned counsel for the OP Bank further argued that from the account statement of the complainant (Annexure R-3) it is clearly evident that complainant never maintained minimum balance in his account and so many cheques were returned being dishonored due to insufficient fund in his account. In this way, OP Bank has correctly deducted the amount on account of charges from the saving bank of the complainant. Lastly, prayed for dismissal of the complaint.

9.                     After hearing both the parties, we are of the considered view that there is no deficiency in service on the part of OP Bank as the complainant has totally failed to convince this Forum that the OP Bank has deducted the amount in violation of any guidelines/ instructions of the RBI or the terms and conditions of the Bank. From the perusal of the account statement (Annexure R-3), it is clearly evident that complainant never maintained a sufficient amount in his account and amount of Rs. 386.05 has been deducted 3-4 times from the account of the complainant on account of dishonour of the cheques. Further, we have also perused the terms and conditions (Annexure R-2) wherein it has been specifically mentioned that the bank is entitled to deduct the amount on account of service charges. Further from the perusal of saving bank account opening form (Annexure R-1) it is also evident that complainant has given undertaking for deducting the charges on account of service charges provided to him by the OP Bank. In the absence of any cogent evidence, this Forum is unable to hold that there was any deficiency in service or unfair trade practice on the part of the OP Bank. Moreover, the present complaint has been filed on 10.07.2012 whereas the OP Bank was deducting the amount from account since its opening i.e. from the year 2008. As such, the complaint of the complainant is also time barred.

10.                   Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 15.07.2016.

                                                                                                (ASHOK KUMAR GARG )

                                                                                                PRESIDENT,

 

 

                                    (S.C.SHARMA )

                                    MEMBER