DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.398/2016
Meenu Chandra
H.No.3073, Sector-A,
Pocket B & C, Vasant Kunj,
New Delh-110070 ….Complainant
Versus
HDFC Bank
Through its Manager,
South Extension Branch,
D-9, South Extension Part-II,
New Delhi-110049 ….Opposite Party
Date of Institution : 30.11.16 Date of Order : 08.01.19
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
Briefly stated, the case of the complainant is that representative of OP visited the complainant’s office in Udai Park and informed about the benefits that she would enjoy if she opens her saving account in their bank, she will get door step facility and the OP provides excellent customer care services at doorstep and she can close her account any time, she is not satisfied with the OP’s service or other reason. After much persuasion, the complainant agreed to open a fixed deposit account and eventually an account bearing No. 03191930003879 was opened with the OP’s bank at South Extension Branch, Delhi. In the year 2010, the complainant approached the OP by calling on their helpline number for the purpose of closing her saving bank account, as the complainant was dissatisfied with the services of the OP since there was no doorstep facility for a period of six months the complainant was told to contact the nearest branch to know the entire process of closure. It is submitted that as per RBI circular No.RBI/2014-15/72 dated 01.07.14, the bank should inform, atleast month in advance, existing account holder any changes in the prescribed minimum balance and the charges may be levied if the prescribed minimum balance was not maintained. However, w.e.f. May, 14, 2014 the banks are not permitted to levy penal charges for non maintenance of minimum balance in any inoperative account. The complainant visited her home branch in South Delhi only once and on being asked explained to the concerning personnel of the OP regarding the reason for closure including the fact that she was unable to keep track of multiple bank accounts and was being repeatedly getting charged for not being able to maintain a minimum quarterly balance of Rs. 10,000/-. The manager of the OP did not proceed with the formalities for closure of the account, instead the complainant was told that her saving account will be closed eventually and hence there is no need to do anything. It is submitted that the complainant received a mail on 27.11.10 from the OP in which it was mentioned that as per the terms and conditions of the bank the complainant was required to maintain the minimum stipulated average quarterly balance in the account and required to pay all the charges, fees, interest etc. which the bank may levy with respect to the complainant’s account from time to time. The OP also mentioned in the said letter that failure to comply such terms and conditions will constrained them to closure her saving bank account. The complainant on 28.11.10 reiterated to the OP, that she has been repeatedly requesting the South Extension Branch of OP since January, 2010 as she was no longer wishes to keep account. However, at her visit to the said account, the representative told the complainant that her account will get closed automatically, as the complainant did not receive any further communication from the OP on this issue and she assumed that the account has been closed at her request. The complainant received an email dated 30.09.16 from the OP informing her that the OP had unilaterally re-activated the said saving account at their own whims and fancies and had completed ignored the complainant’s request for closure of the account. This has caused great inconvenience to the complainant. It is submitted that the OP had miserably performed their duties towards the complainant. Hence, pleading deficiency in service and unfair trade practice on the part of the OP the complainant has filed the present complaint for the following reliefs:
- Direct the OP to closure the Saving Bank Account No. 03191930003879 of the complainant.
- Direct the OP to remove the deficiencies in their services towards the complainant.
- Direct the OP not to levy any penal charges before May 6, 2014 for non-maintenance of saving bank account.
- Direct the OP not to send any further mails with regard to the complainant’s saving bank account.
- Direct the OP to pay compensation for mental harassment caused to the complainant an amount of Rs.2,00,000/-.
Vide order dated 01.11.18 the complainant made a statement thereby dropping OP No.2 as unnecessary party.
OP No.1 was proceeded exparte vide order dated 01.11.17
Complainant has filed his own affidavit in the evidence as well as written arguments.
We have heard the arguments on behalf of the complainant and have also gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but did not choose to contest it.
Complainant has filed the copy of letter dated 07.04.09 written by the OP to the complainant as Annexure C-A. The complainant has filed the RBI circular dated 01.07.14 as Annexure C-1. The OP vide email dated 27.11.10 sent to the complainant has been filed as Annexure C-2 wherein it is mentioned as:
“We regret to note that the minimum stipulated average quarterly balance in your account has not been maintained for the period July’10 to Sept’10.
You are requested to fund the account latest by 27th December’10 and clear the outstanding amount due to be paid by you, if any.
In the event you fund the account, please also ensure that the required average quarterly balance for period October’10 to December’10 quarterly is maintained.
In case you fail to comply with the above, the bank will not be in a position to service your account further and will be constrained to close your account without any further reference or recourse to you.”
The complainant vide email dated 28.11.10 (Annexure C-3) informed the OP that “ I have repeatedly being requesting the Branch at South Extension to close my account since January 2010 as I no longer wish to keep the account. However, at every visit I am told to let it stay like that and it will close eventually. Kindly close the account and confirm the same to me.”
The complainant received the email dated 30.09.16 which has been filed as Annexure C-) wherein the OP informed the complainant that “in case you have forgotten your net banking I- pin (password) please visit to regenerate the same online.”
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant.
It is a fact, that the complainant had opened the saving bank account with the OP and requested the OP in the year 2010 to close the account as the complainant was not satisfied with the services provided by the OP. It is clear from the RBI circular dated 01.07.14 (Annexure C-1) wherein it is clearly mentioned in para 5.4 regarding minimum balance in saving bank account as:
“At the time of opening the accounts, the banks should informed their customer in a transparent manner the requirement of maintaining minimum balance and levying of charges etc, if the minimum balance is not maintained. Any charge levied subsequently should be transparently made known to all depositors in advance with one month notice. The bank should inform, atleast one month in advance, existing account holder of any change in the prescribed minimum balance and the charges that may be levied if the prescribed minimum balance is not maintained. W.e.f. May 6, 2014, the banks are not permitted to levy penal charges for maintenance of minimum balance in any inoperative account.”
It is evident from the records that the complainant opened the account with the OP in the year 2010. The complainant requested to the OP vide email dated 28.11.10 to close the account even after closing the account, the OP again vide email dated 30.09.16 (Annexure C-4) correspondence with the complainant regarding complainant account. The complainant had already requested to close the account. The complainant has not filed any document to support that how much amount has been charged by the OP for not maintaining the minimum balance. Sending unnecessary email to the complainant and not closing the complainant’s account amounts to unfair trade practice and deficiency in service on the part of the OP.
In view of the above discussion, we allow the complaint and direct the OP to close the saving bank account No.03191930003879 of the complainant immediately if not already closed and to further pay a sum of Rs.20,000/- for mental agony and harassment undergone by the complainant within a period of one month from the date of receipt of copy of this order, failing which OP shall become liable to pay Rs.20,000/- @ 6% simple interest from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 08.01.2019
