DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.515 of 20-10-2011
Decided on 12-03-2012
Malkiat Singh Brar, aged about 56 years, son of Sh. Kartar Singh, Resident of H.No.32433, Tezab Factory Gali, Paras
Ram Nagar, Bathinda. .......Complainant
Versus
HDFC Bank, G.T.Road, Guru Kanshi Marg, Bathinda, through its Manager. ......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986
QUORUM
Smt. Vikramjit Kaur Soni, President
Sh. Amarjeet Paul, Member
Smt. Sukhwinder Kaur, Member
Present:-
For the Complainant: Sh. Sunder Gupta, counsel for the complainant
For Opposite parties: Sh. Vinod Garg, counsel for opposite party
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is having Saving Regular Bank Account (Urban) bearing No.0187000211118 with the opposite party where minimum balance of Rs.5,000/- is required to be maintained. Thereafter, in the year 2009, the complainant requested the opposite party to close his account as he was not satisfied with the services provided by the opposite party but the opposite party failed to do so. The opposite party used to debit the account of the complainant for Rs.827.25 paise quarterly on the pretext that the complainant is having less balance than the minimum required, without any information to him. The complainant wrote numerous letters and reminders, although the minimum balance of the complainant was never less than Rs.5,000/- and till today, the opposite party is debiting the aforesaid amount from the account of the complainant. The complainant has alleged that he is well settled in his life and never demanded any loan from the opposite party nor ever applied for any loan with the opposite party but the opposite party sent a draft of Rs.10,000/- in the month of March, 2010. When the complainant approached the opposite party to know about the said draft, the opposite party conveyed him that he is a good client of the opposite party as such the opposite party has issued a loan of Rs.10,000/- to the complainant which shall be refundable in 12 monthly installments with interest @ 10% p.a., the complainant agreed to accept the said amount. He returned the said loan amount with interest and deposited the total amount of Rs.11,093.04 and nothing is due against the said loan. The complainant has further alleged that the opposite party has also issued a credit card to him so that he can purchase any goods from the market on credit basis and no interest shall be leviable on the aforesaid amount used, if the amount is deposited within 45 days. The complainant has been depositing the amount within due dates after the purchase of goods on credit card. As per account statement dated 09.07.2011, an amount of Rs.8,148.86 paise is due against the complainant, although he has never utilized the said credit card after June, 2010. The complainant has also sought information under Right to Information Act, on 08.08.2011 as to why the bank has issued a loan of Rs.10,000/- without any demand raised by the complainant and how the account of the complainant is under lien but the opposite party has not supplied any information regarding the same. Hence, the complainant has filed the present complaint for seeking directions of this Forum to close the account of the complainant, to refund the illegal amount debited in the account of the complainant, to refund the due amount lying deposited in the aforesaid saving bank account along with interest, cost and compensation.
2. Notice was issued to the opposite party. The opposite party after appearing before this Forum, has filed its written statement and admitted that the complainant is having saving account with the opposite party but the said account is with the requirement of maintaining at least Rs.10,000/- as average quarterly balance w.e.f. 01.04.2010. Prior to that, there was requirement of Rs.5,000/- of average quarterly balance. The requirement of increase of average quarterly balance (AQB) from Rs.5,000/- to Rs.10,000/- was duly notified and published in the bank to the customers. The opposite party has denied that the complainant was not satisfied with the services provided by the opposite party and the opposite party failed to close the account on the request of the complainant. The opposite party has further pleaded that earlier the entries in the account of the complainant were reversed raised on the account of charges, on the representation of the complainant and on the assurance of the complainant that he will keep average quarterly balance (AQB) of Rs.10,000/- thrice, but he again failed to maintain the average quarterly balance of Rs.10,000/-. Therefore, the account was debited for AQB service charges etc for Rs.827.25 each on 26.04.2011, 13.07.2011 and 13.10.2011. The opposite party has further denied that the complainant did not demand any loan ever from the opposite party and the opposite party sent a DD of Rs.10,000/- of their own in March, 2010 rather it was the complainant who availed Cash on Call (COC) Loan of Rs.10,000/- of his own during March 2010 for a period of 12 months with interest @ 1.35% p.a.with EMI amount of Rs.908.26 each. The opposite party has further denied that rate of interest was 10% p.a. or there were no service charges or other charges. The opposite party has admitted that the complainant has availed a credit card but he has not been depositing the amount within due dates. The opposite party is not imposing un-necessary charges as alleged rather the complainant agreed for charging of various charges against use of the said credit card. He signed the same of his own accord after fully understanding the terms and conditions including various charges. The schedule of charges provided in the Most Important Terms and Conditions (MITC) clearly details every charge that the bank would levy in credit card account of the customer. The MITC is furnished to the customer along with the card agreement booklet at the time when the credit card is delivered to the customer. The other charges were also intimated to the complainant from time to time, he was fully aware of the charges and interest being charged from the very beginning. The complainant has been very irregular in making payments. The opposite party has further pleaded that the interest free period for purchase (and any related debited charge) in any statement period will apply if the outstanding balance on the card account for the previous statement period, is paid in full by its due date. If the outstanding balance on the card account, is not paid in full by its due date, finance charge will be levied on any new purchase and any related debited charge from the day on which the purchase is transacted on the card account and on the outstanding account balance on the card account from the 1st day of last statement period. As on 02.11.2011 a sum of Rs.8,762.60 is due and recoverable from the complainant. In case, the amount is not paid in full, the charges will continue to be levied in the form of finance and other charges as agreed upon. The opposite party has further denied that the officials of the opposite party are threatening the complainant telephonically.
3. Parties have led their evidence in support of their respective pleadings.
4. Arguments heard. Record along with written submissions submitted by the parties perused.
5. The complainant is holding saving bank account bearing No.0187000211118, he is required to keep minimum balance of Rs.5,000/-. The complainant wanted to close his above mentioned account as he was not satisfied with the services provided by the opposite party, he requested the opposite party to close his bank account in the year 2009. The complainant has further submitted that the opposite party has used to debit his account for Rs.827.25 quarterly on the basis that the complainant is having less balance than the minimum required. The opposite party has given no intimation regarding this to the complainant. He wrote numerous letters and gave reminders that he never kept the balance less than Rs.5,000/- in his account. In the month of March, 2010, the opposite party sent a draft of Rs.10,000/- to him as loan whereas he never demanded any loan from the bank. On inquiry, the complainant was conveyed by the bank, being a good customer, he was given a loan of Rs.10,000/- which is to be payable by the complainant in 12 monthly installments with interest @ 10% p.a. He agreed to that and accepted the same. He returned the said loan and had deposited the amount of Rs.11,093.04 as loan amount along with interest as such nothing is due against him. The bank has also provided a credit limit to the complainant so that he can purchase any goods from the market on credit basis and no interest shall be leviable on the amount used, if that amount is deposited within 45 days. The complainant has been depositing the amount within due dates after purchasing of goods on credit card. As per account statement dated 09.07.2011, the amount of Rs.8,148.86 is due against the complainant. The complainant has further submitted that he has never used the credit card after June, 2010. He had sought information under Right to Information Act on 08.08.2011 and asked from the bank that why the loan of Rs.10,000/- was issued to him without any demand raised by him and how his account is under lien but the opposite party has failed to supply any information regarding to the same.
6. On the other hand, the opposite party has admitted that the complainant is account holder in their bank, the minimum quarterly balance which to be maintained in the account, is Rs.10,000/-. This was applicable from 01.04.2010 but prior to this, Rs.5,000/- as average quarterly balance was required. The requirement of increase in average quarterly balance (AQB) from Rs.5,000/- to Rs.10,000/- was duly notified and published in the bank for the knowledge of the customers. Earlier, the entry of the charges of Rs.827.25 was reversed by the bank on the request of the complainant. He assured the bank that he will keep Average Quarterly Balance (AQB) of Rs.10,000/- but the complainant still failed to maintain the Average Quarterly Balance of Rs.10,000/-. The account was debited for AQB service charges etc for Rs.827.25 each on 26.04.2011, 13.07.2011 and 13.10.2011. Hence, in this way, the entries were reversed thrice. The complainant was issued a credit card bearing No.4346786000960434. The complainant has not asked for any loan from the opposite party, the amount of Rs.10,000/- has been sent to him by the opposite party whereas the opposite party submitted that the complainant has availed the Cash on Call (COC) Loan of Rs.10,000/- of his own during March, 2010 for a period of 12 months with interest @ 10% per annum with EMI amount of Rs.908.26 each. The opposite party has not imposed any unnecessary charges. The complainant has agreed to pay the charges against use of the said credit card, he after fully understanding the terms and conditions including various charges, availed the facility of credit card. The schedule of charges provided in the Most Important Terms and Conditions (MITC) clearly details every charge that the bank would levy any charges against the credit card account of the customer. The MITC was furnished to the customer along with the card agreement booklet at the time when the credit card is delivered to the customer. The interest free period for purchase in any statement period will apply if the outstanding balance on the card account for the previous statement period, is paid in full by its due date. If the outstanding balance on the card account, is not paid in full by its due date, finance charges will be levied on any new purchase and any related debited charge from the day on which the purchase is transacted on the card account and on the outstanding account balance on the card account from the 1st day of last statement period. As on 02.11.2011 a sum of Rs.8,762.60 is due and recoverable from the complainant. The complainant was fully aware of the said charges from the very beginning and was also getting statement of accounts from time to time as per charges agreed upon.
7. The complainant requested the opposite party to close his account in their bank as he was not satisfied with the services provided by the bank. He has written a letter dated 20.12.2010 Ex.C-15. In this letter, he has requested to the opposite party that :
“I have taken my saving bank statement on 18.12.2010 as you are not providing pass book and surprise to note that you have debited Rs.827.25 on 08.07.2010 and again on 16.10.2010 Rs.827.25 as service charges without informing to me. Whereas from inception no service charges were debit to my said account. In this connection, I am enclosing herewith a photocopy of the statement of my a/c sent to me by you for the period 25.01.2009 to 26.01.2009 showing my credit balance for Rs.7,373/-.
In the bottom of statement, you have mentioned that if the balance is Rs.5,000/- in urban minimum balance otherwise you will charge 750/- per quarter for non-maintenance of minimum balance whereas my balance is Rs.8,336.41. You are requested to revert the un-necessary charges debit to my account as till date you have not intimated me the latest terms and conditions till date.”
8. Thereafter, the complainant again sent a reminder dated 23.03.2011 Ex.C-4 to the opposite party regarding un-due charges/over charges debit to my Saving Bank Account No.0187000211118 that “.......You are again requested to reverse the same to my account and close my account as I can't afford to pull on my account with your bank with full amount.”
9. Thereafter, the complainant had written a letter dated 16.04.2011 Ex.C-14 to the opposite party in which he has mentioned that he has not been using the credit card issued by the opposite party from the last 5-6 months. The bank has given voluntarily loan of Rs.10,000/- in the month of March, 2010 which he has repaid along with interest which has been conveyed to the opposite party on phone. In this letter, the complainant has further mentioned that the opposite party is debiting in his account the undue charges without any purchase. He further wrote that no dues are left towards his credit card as he had paid all the amount within time but the account statements showing day-by-day increasing amount i.e. unjustified on your part and requested the opposite party to close the account of the complainant and to cancel the credit card.”
10. The complainant has specifically written in protest note dated 29.05.2010 Ex.C-16 that “I am paying the said payment duly crossed in lien, other payment will be done under protest. You are charging unnecessary over charges.”
Thereafter, he again written in protest note Ex.C-17, “I was told on phone. No service charge will be charged only interest and principal. I have told you to close my SB A/c with you due to over charges charged by you. I am making all the payments to you. He further wrote on the account statement Ex.C-17 that :- “I am not satisfied with your commitments, spoken and implemented, lot of difference.”
Further, he has written on the protest note Ex.C-18, “You are charging too much without informing me and consent taken from me. While I am paying loan + interest only and not using your credit card. I am not satisfied with your doings.”
The complainant has been given the repeated notes on the account statements that he is not satisfied with the services of the bank. He has already requested for the closure of his account and had already paid the entire loan amount. He had maintained the minimum balance (AQB) as Rs.5,000/-.The opposite party has never sent him any written intimation that the AQB should Rs.10,000/- from a particular date. Moreover, the amount debited on the account of non maintaining minimum balance was credited in his account thrice on the request of the complainant but again the opposite party raised the demand of not maintaining the AQB to the tune of Rs.10,000/-.
11. The complainant has deposited all the payments in time which he has used through his credit card. The opposite party has unnecessarily imposed the penalties of overdue charges etc. on the complainant.
12. Thus, in view of what has been discussed above, there is deficiency in service on the part of the opposite party. Hence, this complaint is accepted with Rs.5,000/- as cost and compensation and the amount of Rs.8,762.60 is hereby quashed. The opposite party is directed to close the account and to return the amount if any lying deposited in his account and to cancel the credit card of the complainant. Compliance of this order be done within 45 days from the date of receipt of copy of this order.
A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum
12-03-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
