DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.
Consumer Complaint No.38 of 2018
Date of institution: 31.8.2018
Date of decision : 11.3.2019
Smt Manju Bala aged about 55 years wife of Adarsh Ghai Resident of W.no.19, Adarsh Nagar, Mandi Gobindgarh, Tehsil Amloh, Distt. Fatehgarh Sahib
……..Complainant
Versus
- HDFC Bank Limited, having its registered office at First Floor C.S. no.6/242, Senapati Bapat Marg, Lower Parel, Mumbai-400013 through its Manager/authorized signatory
- HDFC Bank Limited, Branch Hukam Chand Market, Main Post office Road, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib through its branch Manager
…..Opposite parties
Consumer Complaint under Sections 11 to 14 of the Consumer Protection Act 1986.
Quorum
Sh.Kuljeet Singh, President
Sh. Inder Jit, Member
Capt. Yuvinder Singh Matta, Member
Present : Sh.Taveesh Goyal, counsel for complainant.
Opposite parties Ex-parte.
ORDER:-
Capt. Yuvinder Singh Matta, Member
The Complainant Smt Manju Bala aged about 55 years wife of Adarsh Ghai Resident of W.no.19, Adarsh Nagar, Mandi Gobindgarh, Tehsil Amloh, Distt. Fatehgarh Sahib has filed this complaint against the Opposite Parties (hereinafter referred to as “OPs”) Under Section 11 to 14 of the Consumer Protection Act 1986. The brief facts of the complaint are as under:
The complainant has a salary saving account bearing number 03421200001668 with OP no.2, which was opened on 12.7.2015. Complainant has also taken one locker no.94 with OP. no.2. The OP.no.2 used to deduct the rent of the above said locker in advance from her above said saving account every year. The complainant used the said locker no.94 of OP. no.2 upto 21.3.2018. On the request of complainant, the OP.no.2 has closed above said locker on 21.3.2018. The complainant has already paid rent of the said locker in advance to OP. no.2 upto 31.3.2018. Despite the said fact, OP.no.2 illegally, without any right, deducted the amount of Rs.8260/- on 2.4.2018 on account of rent of locker, from the above said saving account of complainant. Complainant is maintaining the minimum balance in her account as required by the Bank, but due to deduction of above said amount, now at present balance in the said account of complainant is low and due to alleged reason, the OP.no.2 is deducting amount from the account of complainant on account of Low balance charges, which is also liable to be refunded to the complainant. The complainant so many times requested the OPs to credit/return the above said amount to complainant and also served a legal notice dated 11.6.2018, but OPs failed to return the above said amount to the complainant. Hence, this complaint for giving directions to the OPs to pay an amount of Rs.8260/- illegally deducted from the account of complainant along with 18% interest per annum from the date of its deduction to the complainant and further to pay Rs.50,000/- on account of deficiency in service and as compensation for mental agony.
2. Notice of complaint was issued to OPs, but OPs chose not to appear to contest the complaint & hence were proceeded against exparte.
3. To prove the case, counsel for complainant tendered in evidence affidavit of complainant Ex.CW-1, true copies of documents i.e., Adhar Card Ex.C1, Pass book Ex.C2, legal notice Ex.C3, original postal receipts Ex.C4 and Ex.C5 and closed the evidence.
4. The complainant has submitted the written arguments on 25.2.2019 whereby he has submitted that the OPs have returned/ credit of Rs.7000/- in the account of the complainant after filing of the present complaint instead of Rs.8260/-. Moreover, the OPs have also illegally deducted an amount of Rs.,708/- (i.e. Rs.177/- per month for 4 months) on account of low balance from the account of the complainant. Therefore, now the complainant is entitled to recover Rs.1260/- along with damages due to mental agony, tension without any fault on the part of the complainant. The complainant has also referred to judgement of the Hon’ble State Consumer Disputes Redressal Commission, Maharashtra, Mumbai,appeal No.A/16/509, titled as Mrs. Shanit Bai Chetandas Sangtani(Since deceased by her Legal Representative) Mr. LAl Nathirlal Aswani Vs Bank of Maharashtra, whereby the complainant was refunded Rs.5115/- by the bank in similar disputed case.
5. Keeping in view the facts of the case and the written arguments, this Fora is of the considered opinion that this complaint is within territorial and pecuniary jurisdiction of this Forum and within limitation to proceed the present complaint.
6. On perual of record and evidence examined by us, we are of the considered opinion that the OP/ HDFC Bank is found to be deficient in services. It had failed to appear before the Forum even after receiving the sommons in this case. The O.P.s credited an amount of Rs.7000/- in the account of the complainant, which is sufficient proof that OP.no.2 had received the notice of this Forum, but It has still failed to present itself before this Forum. Copy of the Passbook producedin record by complainant proved the deduction of amount of Rs.1260+708 has been made from her account in unauthorized manner
7, As a resulting of our above discussion, we accept the complaint of the complainant and direct the O.P.no.2 to deposit balance amount of Rs.1260/-( Rs.8260-7000/-) on account of Locker charges and Rs.708/-(Rs.177 Per month for 4 months) illegally deducted on account of low balance from the account of the complainant without any right, title or authority along with interest @ 9% P. A from the date of its deduction till the amount is deposited in the account of the complainant. The complainant is also entitled to Rs.3,000/- as compensation for mental harassment and Rs.2000/- as litigation expenses. Compliance of above said order be made by O.P. no.2 within a period of 30 days from the date of receipt of copy of this order.
Arguments on the complaint were heard on 25.2.2019 and the order was reserved. Now the order be communicated to the parties. Copy of order be sent to the parties free of cost and thereafter the file be consigned to record room
Pronounced Dated: 11.3.2019 (Kuljit Singh)
President
(Inderjit)
Member
(Yuvinder Singh Matta)
Member
