Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. :  23.

                                                          Instituted on     : 15.01.2014.

                                                          Decided on       : 22.02.2017.

Kul Bhushan Jain s/o Sh. Sunder Lal Jain aged about 62 years resident of H.No.1652/1, Ward No.5, Old Anaj Mandi, Rohtak.

                                                          .......................Complainant.

                             Vs.

HDFC Bank Limited, 401-402, Model Town, Delhi Road, Rohtak-124001 through its Branch Manager.

                                                          ...................Opposite party.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.JOGINDER KUMAR JAKHAR, PRESIDENT.

                   MS. KOMAL KHANNA, MEMBER.

                   SH.VED PAL, MEMBER.

Present:       Sh.K.B.Jain, Advocate for the complainant.

                   Sh. Rajesh Sharma, Advocate for opposite party.

                                      ORDER

SH. JOGINDER KUMAR JAKHAR, PRESIDENT :

1.                          The present complaint has been filed by the complainant with the averments that the complainant opened a Saving Bank Account with the opposite party in the year 2007 bearing No.1761600001953. It is averred that opposite party never pressed for any minimum balance to be maintained in the above stated saving Bank account of the complainant. It is averred that about one or two years back, the opposite party Bank started debiting this above stated Saving Bank account of the complainant with various amounts on account of what it called AQB meant “Average Quarterly Balance” and that the bank was making these debits since the applicant failed to maintain the minimum balance in this account.  It is averred that complainant requested the opposite party not to do such debits as there was no any term or condition of this type at the time of opening of the account. But any heed was not paid to his requests. It is averred that due to such illegal debits, the balance in the above stated account has been made NIL. It is averred that the act of opposite party is illegal and amounts to deficiency in service. As such it is prayed that opposite party may kindly be directed not to make any such debits, not to press the applicant to maintain any minimum balance, to refund the amount debited so far from the account of complainant and to pay an amount of Rs.50000/- as compensation to the complainant.

2.                          On notice, the opposite party appeared and filed its written reply submitting therein that the charges towards non maintenance of AQB is debited from the account of the complainant as per agreed terms. All the other contents of the complaint were stated to be wrong and denied. Opposite party prayed for dismissal of complaint with costs.

3.                          Both the parties led evidence in support of their case.

4.                          Ld. Counsel for the complainant in his evidence has tendered documents Ex.C1 to Ex.C2 and has closed his evidence. On the other hand, ld. counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R8 and has closed his evidence.

5.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

6.                                 After going through the file and hearing the parties it is observed that at the time of evidence ld. counsel for the opposite party has placed on record copy of complaint Ex.R7 and Ex.R8 as per which it is observed that complainant had earlier filed a complaint on the same cause of action before this Forum and the same was dismissed in default on 14.05.2014 and in the present complaint he has not mentioned this fact. In this regard we have placed reliance upon the law cited in 2012(4)CLT 345 titled as Uddalak Vs. Electricity Supply Co. Ltd. & Ors. whereby Hon’ble National Commission, New Delhi has held that “Petitioner did not file any appeal before the State Commission or revision petition before National commission seeking recall of the order dismissing the complaint-Instead of filing appeal or revision petition the Petitioner filed the second complaint before the District Forum on the same cause of action-Petitioner has not explained as to why the earlier complaint could not be prosecuted-In the absence of such explanation, the second complaint filed was abuse of process available under the Act-The same held not maintainable and liable to be dismissed”, as per 2006(2) CLT 673 titled Reliance Industries Ltd. & another Vs. Neera Maheshwari, Hon’ble National Commission, New Delhi has held that: “Complaint- Res Judicata-Complainant sought relief which were identical to the reliefs claimed by her in her earlier complaint-Principle of constructive resjudicata applies in this case-Dismissal of complaint as not being maintainable by District Forum upheld”.

7.                          In view the aforesaid law which are fully applicable to the facts and circumstances of the case, it is observed that in the present complaint also the principles of resjudicata applies and the same is not maintainable. As such the complaint is hereby dismissed with no order as to costs.

8.                            Copy of this order be supplied to both the parties free of costs.    File be consigned to the record room after due compliance.

Announced in open court:

22.02.2017.

                                                          ................................................

                                                          Joginder Kumar Jakhar, President

                                                          ..........................................

                                                          Komal Khanna, Member.       

                                                          ……………………………

                                                          Ved Pal, Member.