| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No.306 of 10.8.2017 Decided on: 13.1.2021 Sukhjinder Singh aged about 35 years son of Sh.Harcharan Singh R/o 74, Nattan Wali Street, Sheran Wala Gate, Patiala. …………...Complainant Versus - HDFC Bank, through its Managing Director. Office HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai 400013.
- HDFC Bank, through its Branch Manager Dharampura Bazar, Patiala 147001.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Sh.Sukhjinder Singh, complainant in person. Sh.B.B.Gupta, counsel for OPs. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Sukhjinder Singh (hereinafter referred to as the complainant) against HDFC Bank and another (hereinafter referred to as the OP/s).
- The brief facts of the case are that the complainant is consumer of the OPs having maintained bank account No.50100109427177 with them. It is averred that influenced by the representative of the OPs, the complainant opened new account No.50100172327817 in the name of his daughter Gurnaaz Kaur in which the OPs at its own started transferring Rs.1000/-from the account of complainant. The complainant visited OPs, but OP No.2 explained its inability to stop this direct debit stating that as per policy in every kids account minimum amount of Rs.1000/- had to be transferred from parents/guardian account and it cannot be stopped or the account cannot be closed before one year. On 6.7.2017, complainant requested OPs to close his kid’s account. On his request OP No.2 did all the formalities and took signature of the complainant on ‘account closing forms’ and also gave acknowledgment in this regard. But on 5.8.2017 an amount of Rs.1000/-was again debited from the account of the complainant and transferred in his Kid’s account.
- It is averred that the complainant time and again visited OPs for refund of Rs.1000/- but to no effect. There is thus deficiency in service and unfair trade practice on the part of the OPs which caused harassment mental pain and agony to the complainant. Hence this complaint with the prayer to accept the same by giving directions to the OPs to pay the compensation of Rs.50,000/-; Rs.15000/- as cost of litigation;Rs.15000/- on account of mental harassment;Rs.15000/- punitive damages and Rs.1000/- deducted from his account illegally.
- Upon notice OPs appeared through their counsel and contested the complaint by filing written reply. In the written reply preliminary objections have been raised to the effect that the present complaint is not maintainable; that the matter is not justifiable by the Hon’ble Court; that the complainant has no cause of action to file the complaint and that the present complaint is false, frivolous and vexatious and is liable to be dismissed with special compensatory costs of Rs.50,000/-.
- On merits, it is admitted that the complainant is having saving bank account No.50100109427177 with OP No.2.It is submitted that the account was opened by the complainant with the undertaking and declaration that he will be bound to abide by all the terms and conditions of OPs from time to time till the closure of the account. It is further submitted that the account was opened by the complainant himself with his free will.
- It is admitted that as per the terms/scheme with regard to such account, as per the instructions so made by the complainant at the time of opening of account and agreed upon by him, a sum of Rs.1000/-has to be transferred from his account to the account of his minor. It is admitted that such stoppage cannot be made or account cannot be closed prior to one year since it’s opening. It is admitted that an amount of Rs.1000/- was deducted from account No.50100109427177 and was transferred in the account of 50100172327817 in the name of minor Gurnaaz Kaur under guardianship of Sukhjinder Singh. However, since complainant never withdrawn his standing instructions and on the other hand the account of minor could not be closed prior to one year so the same was not actually closed by 5.8.2017, and the computerized system of OP no.2 automatically debited the account of complainant for Rs.1000/- for its credit into the account of his minor daughter.There is no deficiency in service or unfair trade practice on the part of the OPs and the complaint is liable to be dismissed.
- In evidence the complainant tendered in evidence his affidavit,Ex.CA alongwith documents Exs.C1 to C4 and closed the evidence.
- The ld. counsel for OPs tendered in evidence Ex.OPA affidavit of Deepak Saxena, Branch Head, HDFC Bank alongwith documents Exs.OP1 to OP4 and closed the evidence.
- The OPs filed the written arguments. We have gone through the same, heard the complainant, ld. counsel for the OPs and have also gone through the record of the case, carefully.
- The complainant has argued that in the Ist week of July,2016, the representative of the OPs approached him to open new kid account and accordingly he opened new account in the name of his daughter Gurnaaz Kaur. The complainant further argued that after opening the account , OPs started transferring Rs.1000/-from his account to new opened account. The complainant argued that on 6.7.2017 after one year he again approached OP no.2 to close the account. Accordingly the account was closed. The complainant further argued that on 5.8.2017, he came to know that even after closing of the account Rs.1000/-was deducted. The complainant further argued that the amount was illegally deducted so the complaint be allowed.
- On the other hand, the ld. counsel for the OPs has argued that complainant himself opened account in the name of minor daughter and he agreed to transfer Rs.1000/- in the account of his minor dauther. The ld. counsel further argued that the amount which was debited was returned back to the complainant , so complaint be dismissed.
- To prove this case, the complainant Sukhjinder Singh tendered his affidavit,Ex.CA and he has deposed as per his complaint,Ex.C1 is statement of account,Ex.C2 is important document as on 6.7.2017 the account in the name of minor was closed. As per account statement,Ex.C1 after closing of account on 6.7.2017, the amount of Rs.1000/- was again debited and transferred in the account of Gurnaaz Kaur on 5.8.2017, which was already closed vide Ex.C2 on 6.7.2017. So it is clear that after closer of account vide Ex.C2 on 6.7.2017, again Rs.1000/- was deducted. The bank returned the draft,Ex.C4 dated 5.8.2017 and as per envelop,Ex.C3, the draft was posted on 16.10.2017.
- On behalf of the bank Deepak Saxena, Branch head, HDFC has tendered his affidavit, Ex.OPA and he has deposed as per the written reply.Ex.OP1 is account opening form in the name of Gurnaaz Kaur.Ex.OP2 is birth certificate of Gurnaaz Kaur minor, Ex.OP3 is Aadhar card of the complainant,Ex.OP4 is combined account closure form.
- Admittedly the account was opened in the name of minor Gurnaaz Kaur and it was closed on 6.7.2017.After closing of the account again Rs.1000/- was transferred in to non existing account by the bank vide statement,Ex.C1.So bank has no authority to deduct Rs.1000/- and transferred into another account which was already closed. The bank provided draft to the complainant which was never encashed and it was on the file.
- So due to our discussion it is clear that the bank was at fault and it illegally deducted the amount of Rs.1000/- from the account of the complainant. As such the complaint stands allowed and the Bank is directed to refund Rs.1000/- to the complainant alongwith interest @6% per annum from 5.8.2017 till realization. The OPs are further directed to pay Rs.3000/- as litigation expenses and Rs.2000/- as costs for the harassment caused to the complainant.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:13.1.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
