Orissa

Cuttak

CC/239/2022

Nibedita Ray - Complainant(s)

Versus

Chairman-cum-Managing Director,Axis Bank Ltd - Opp.Party(s)

A R Sethy & associates

29 Jun 2023

ORDER

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.239/2022

           Nibedita Ray,

           W/o: Shri Prabir Kumar Ray,

           At/PO:Jamugaon,P.S:Nuagaon,

           Dist:Jagatsinghpur, at present resides

           In the H/o: Smt. Puspalata Rao,

           Kali Gali,P.O:Chandinichowk,

            P.S:Lalbag,Dist:Cuttack.                                                  ... Complainant.

 

          Vrs.

 

1.      Axis Bank Ltd., having its Corporate Office,

Axis Bank Ltd.,Axis House,C-2,Wadia

International Centre,Pandurang Buhkar Marg,

Worli,Mumbai-400025 represented through

Its Chairman-cum-Managing Director/CEO.

 

2.      Branch Manager,Axis Bank Ltd.,

Cuttack Branch,At:Jayashree Plaza,

                 Badambadi,Po-Arundaynagar,

                  Dist-Cuttack.                                ....Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:   30.11.2022

Date of Order:  29.06.2023

 

For the complainant:                   Mr. A.R.Sethy,Advocate.

For the O.Ps.             :                         None.

         

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that she has a Savings Bank Account bearing no.916010018332673 with the O.P no.1 bank.  The O.Ps had illegally deducted more than Rs.12,000/- from her Savings Bank Account towards service charges for not maintaining the minimum balance in her account.    On her query, she was made to understand that she was required to maintain a minimum balance of Rs.10,000/- per month in her savings account and the said deductions were because of not maintaining the so-called minimum balance in her account.  The said account number of the complainant was also given to the LIC of India in order to pay the policy premiums.  Accordingly, LIC of India had transferred Rs.10,000/- from the said account of the complainant on 1.12.2020 but the husband of the complainant had transferred a sum of Rs.2000/- on 19.12.2020 in order to maintain the minimum balance of Rs.10,000/- in her account.  According to the complainant, when her husband transferred Rs.2000/-, the minimum balance in her account was Rs.12,000/-.  On 21.1.2021 when she went to O.P no.2 for up-dating her passbook she could know that an amount of Rs.8478.58p has been deducted as consolidated charges from her account together with a sum of Rs.1525.42p towards GST @ 18% charged on the same date i.e. on 12.12.2020.  Again on 5.7.2021 she could know that an amount of Rs.1500/- has been deducted as consolidated charges from her account and she was said to be having zero balance in her account.  Thus, the complainant has come up with this case demanding the illegal deduction of amount of Rs.12,000/- from her account alongwith deduction of the interest @ 18% per annum to the tune of Rs.4,320/-, further a sum of Rs.50,000/- towards compensation for her mental agony and harassment and also a sum of Rs.20,000/- towards the cost of her litigation.

          The complainant has filed copies of several documents in order to prove her case.  She has also filed copies of her accounts statement.

2.       Having not preferred to contest this case, the O.Ps have been set exparte.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

 Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

             After going through the averments of the complaint petition and perusing the copies of documents as available in the case record, it is noticed that the complainant had a Savings Bank Account with the O.Ps.  She admits that it was pre-conditioned when she opened her account that she is to maintain a minimum balance of Rs.10,000/- in her account.  While perusing the copies of her account statement of the said Savings Bank Account, it is noticed that after transfer of a sum of Rs.11,000/- on 19.1.2017, she had a balance of Rs.9979.75 and on 3.6.2017 her account reflects the minimum balance of Rs.10,803.11 but again on 12.12.2020 onwards she had no minimum balance of Rs.10,000/- in her account.  When she admits about the condition of maintaining a minimum balance of Rs.10,000/- in her Savings Bank Account and when she has defaulted in doing so as noticed, the bank by deducting the service charges as alleged, the O.Ps  can never be said to be deficient in their service as alleged by the complainant.  Accordingly, this point goes in favour of the O.Ps.

Points no.i &iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by her.

                                              ORDER

Case is dismissed exparte against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 29^th day of June,2023 under the seal and signature of this Commission.          

                                                                        

                                                                                              Sri Debasish Nayak

                                                                                                  President

 

                                                                                             Sri Sibananda Mohanty

                                                                                                         Member