BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                          Consumer Complaint no.130 of 2013                                                                                   

                                                       Date of Institution         :    30.7.2013

                                                          Date of Decision   :     19.9.2016      

Suresh Kumar son of Shri Jai Chand Gupta, resident of House No.178, Ward No.12, Opp. Sidh Baba Balak Nath Mandir, Kanganpur Road, Sirsa, District Sirsa.

                                        ……Complainant.

                                      Versus.

The Branch Manager, HDFC Bank, Circular Road, Sirsa Branch.             

...…Opposite party.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI S.B.LOHIA…………………PRESIDENT

                   SH. RANBIR SINGH PANGHAL ……….. ……MEMBER.

Present:       Sh. J.B.L. Garg, Advocate for the complainant.

                   Sh. Rishi Sharma, Advocate for the opposite party.

ORDER

                   Case of complainant, in brief is that complainant is having and maintaining a saving bank account bearing No.06101000047179 with the opposite party. On 8.10.2012, a sum of Rs.10,038/- was lying deposited in his above said account. On 30.4.2013, complainant visited the branch office of op bank for withdrawing amount but he could not withdraw the desired amount due to non availability of the amount. Thereafter, complainant made inquiry from the official of the bank and obtained copy of statement of account and then it was transpired to him that a sum of Rs.280.90 was being debited in the account of the complainant as AMB charges w.e.f. 13.1.2013 to 12.4.2013 and such deductions were made on 13.1.2013, 7.2.2013, 27.2.2013, 18.3.2013, 2.4.2013 and on 12.4.2013 and that as on 30.4.2013, a sum of Rs.7123.65/- was lying deposited in his account. In this manner, a sum of Rs.2914.40/- was debited in all in the above account of the complainant. The bank has made the above deduction of amounts in an illegal, unlawful and arbitrary manner and no such prior notice or intimation was given to him. So, the complainant is entitled to get refund of the aforesaid amount of Rs.2914.40/- alongwith permissible interest from the date of deduction of such amounts till realization. The complainant approached the opposite party and requested to refund the said amount alongwith permissible interest and also got served legal notice on 7.5.2013 upon op but to no effect. As such, he is also entitled to compensation of Rs.10,000/- and also litigation expenses to the tune of Rs.5,000/- from the opposite party. Hence, this complaint.

2.                Upon notice, opposite party appeared and contested the complaint by filing reply asserting therein that at the time of opening of the account, the complainant was categorically told that in order to keep the account working and regular, he will have to maintain a minimum balance of Rs.10,000/- in his account. The aforesaid amount was opened by the opposite party as per terms and conditions of the back, which were duly told and explained to the complainant. However, the complainant did not maintain his account regular as he failed to keep and maintain the minimum balance of Rs.10,000/- in his account. On 17.10.2012,  the complainant was maintaining a sum of Rs.9757/- in his account and thus, AMB charges were debited in his account in a legal and lawful manner. There is no deficiency in service on the part of opposite party.

3.                By way of evidence, complainant has tendered his affidavit Ex.C1, copy of legal notice Ex.C2, postal receipt Ex.C3, statement of account Ex.C4. On the other hand, the opposite party has tendered affidavit of Sh. Sanjay Rahuja, Branch Manager as Ex.R1 and statement of account Ex.R2.

4.                We have heard learned counsel for both the parties and have perused the case file carefully.

5.                The opposite party in support of its version that complainant was to keep minimum amount of Rs.10,000/- in his account has not placed on file any terms and conditions in this regard. The complainant was having a sum of Rs.9757/- in his account on 17.10.2012 and the opposite party debited an amount of Rs.280.70/- on 17.10.2012, Rs.393.26/- on 24.10.2012, Rs.327.73/- on 27.11.2012, again Rs.393.26/- on 9.12.2012 and then debited Rs.280.90/- on different dates i.e. from 13.1.2013 to 12.4.2013 and according to the complainant in this manner, a total sum of Rs.2914.40/- was debited in all from his above said account. The opposite party has not given any prior notice/ intimation to the complainant before deducting the above said total amount of Rs.2914.40/- on different occasions which is wrong and illegal and as such he is entitled to refund of the above said amount of Rs.2914.40/- from the opposite party. Resultantly, we accept the present complaint and direct the opposite party to credit/ refund the said amount of Rs.2914.40/- in the account of the complainant alongwith permissible interest as per Banking norms of Nationalized Banks from the date of filing of present complaint i.e. 30.7.2013 till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.

Announced.                                                          President,

Dated: 19.9.2016.                                       District Consumer Disputes

                                                                   Redressal Forum, Sirsa.

                             Member.