BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 618 of 2022
Date of Institution: 07.10.2022
Date of Decision: 23.02.2023.
- Rakesh Bajaj, aged 60 years son of late Shri Narinder Nath Bajaj,
- Shuchu Bajaj, aged 59 years wife of Shri Rakesh Bajaj,
- Mridul Bajaj, aged 23 years son of Shri Rakesh Bajaj, all residents of 15/154/4 Bansal Colony, Sirsa, District Sirsa.
………Complainants.
Versus
- Axis Bank Ltd., Barnala Road, Sirsa Branch, District Sirsa, through its Branch Manager.
- Arun Dumra, Employee of Axis Bank Ltd., Barnala Road, Sirsa, now posted at Main Branch Axis Bank Ltd., Dabwali Road, Sirsa, District Sirsa.
……… Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Present: Sh. Deepak Bajaj, Advocate for complainants.
Opposite party no.1 already exparte.
Opposite party no.2 given up.
ORDER
The complainants have filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).
2. In brief, the case of complainants is that complainant no.3 started a new business under the name and style of Bajaj Grocery Outfit at Sirsa. Complainants no.1 and 2 are father and mother of complainant no.3. That op no.2 visited the sop of complainant no.3 on many occasions and offered a free family account and promised and assured that it is a Zero Balance account and many facilities were available on this account. It is further averred that complainants being highly influenced with the representation made by op no.2 got opened account No. 920010063036871 in the name of complainant no.1, account no. 919010042269023 and 919010042269078 in the names of complainants no.2 and 3. That however later on the ops started deducting the amount from the accounts of complainants on the ground of less/ minimum balance without the prior permission of the complainants. It is further averred that ops without the prior consent and permission of complainant no.2 sent a credit card to her which was not operated by her but even then the ops sent message to the complainant no.2 to deposit a sum of Rs.4500/- without operating the credit card. That the ops by their such illegal and deficient act and conduct have put unnecessary and unwanted financial burden upon the complainants and have also lowered down the reputation of complainants in the society and general public. It is further averred that ops have no legal and valid right to make any deduction of money from the accounts of complainants under the head of less/ minimum balance and also have no legal right to claim any amount of Rs.2900/- in credit card unnecessarily issued in the name of complainant no.2 and they are not liable to pay the same to the ops. The complainants are entitled to get refund of the amount which has been illegally deducted from the accounts of complainants on the pretext of less/ minimum balance. Hence, this complaint.
3. Initially notice of the complaint was issued to both the ops. Despite service of notice, none appeared on behalf of op no.1 and as such op no.1 was proceeded against exparte. The op no.2 thereafter was given up by learned counsel for complainant.
4. The complainants have tendered affidavit of Sh. Rakesh Bajaj complainant no.1 as Ex. CW1/A and copies of documents i.e. Credit Card detail issued to complainant no.2 Ex.C2, cheque numbers detail Ex.C3 and blank cheque Ex. C4.
5. We have heard learned counsel for complainants and have perused the case file carefully.
6. The complainants in order to prove their case have furnished affidavit of Sh. Rakesh Bajaj complainant no.1 as Ex. CW1/A in which he has deposed and reiterated all the contents of their complaint. The complainants in order to prove their case have also placed on file copy of credit card issued in favour of complainant no.2 as Ex.C2. It is the case of the complainants that though there was no need of credit card to them but the op bank without their prior consent and permission sent a credit card to complainant no.2. Even the said credit card was not operated by complainant no.2 yet op bank unnecessarily started demanding an amount of Rs.4500/- from the complainants. The pleadings and evidence of complainants in this regard remained unchallenged and unrebutted as op no.1 bank despite notice did not bother to appear before this Commission and opted to be proceeded against exparte. So there is also denial of the fact that op no.1 bank did not deduct any amount from the accounts of complainants on account of less/ minimum balance despite the fact that accounts were opened for Zero Balance. Therefore, we are of the considered view that end of justice would be met if a direction is given to the op no.1 bank to refund the amounts if any deducted by op no.1 bank on account of less/ minimum balance as the amounts were opened for zero balance as per averments of complainants and same remained unchallenged and unrebutted on behalf of op no.1 bank. The op no.1 bank is also not entitled to the amount of Rs.4500/- for credit card issued to complainant no.2 and op no.1 bank is liable to discontinue the credit card issued to complainant no.2 as same is not required by complainant no.2.
7. In view of our above discussion, we allow the present complaint qua op no.1 bank and direct the op no.1 bank to refund the amounts if any deducted from the accounts of complainants on account of less/ minimum balance. We also direct the op no.1 bank not to raise any demand of the amount of Rs.4500/- on account of credit card issued to complainant no.2 and to discontinue the credit card issued to complainant no.2. We further direct the op no.1 bank to pay a sum of Rs.5000/- as compensation for harassment to the complainants. The op no.1 bank is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which complainants will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against op no.1 bank. A copy of this order be supplied to the parties as per rule. File be consigned to the record room.
Announced: Member Member President,
Dated: 23.02.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
