DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.

CC.No.575 of 30-11-2012

Decided on 23-04-2013

Varinder Kumar aged about 46 years S/o Saraswati Dass 339, Ward No.7, Near Grain Market, Maur Mandi.

........Complainant

Versus

Branch Head HDFC Bank, Guru Kashi Marg, Building No.3027-B, Near Bus Stand, Bathinda.

.......Opposite party

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

QUORUM

Smt. Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.Jai Gopal Goyal, counsel for complainant.

For Opposite party: Sh.Vinod Garg, counsel for opposite party.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant opened his account on the allurement of the officials of the opposite party by saying it is a 'O' (zero) balance account. The officials of opposite party again approached the complainant to open the another account under 'kid scheme' by saying that an amount of Rs.1000/- shall be withdrawn from his account and credited in another account. So another account bearing No.01871460006060 in the name of Harish Garg aged about 14/15 years was opened under the kid scheme and accordingly its officials withdrew Rs.1000/- per month from his account upto 15.4.2010. On 26.4.2010 the complainant closed the said kid account bearing No.01871460006060 by withdrawing the amount of Rs.16,278/- vide cheque No.0970176 and submitted the unused cheque to the opposite party with the request to close the kid account. The complainant visited the bank branch and found the closing balance in his account was Rs.1.50 on dated 10.9.2012 instead of the amount of Rs.18,879/- as left on 26.4.2010 and never withdrew any amount since then till date. In the account statement w.e.f. 1.4.2008 to 10.9.2012 the complainant found the withdrawal of Rs.1000/- per month w.e.f. 26.4.2010 upto 15.9.2011 and also found the deduction of Rs.827.25 as on 26.4.2011, 13.7.2011 and on 13.10.2011 by the bank officials illegally and he never authorized the bank officials to do so. Hence the complainant has filed the present complaint to seek the directions to the opposite party to reimburse/refund/return the amount of Rs.18,879.96 in his account alongwith interest, cost and compensation.

2. Notice was sent to the opposite party. The opposite party after appearing before this Forum has filed its written statement and pleaded that the complainant has concealed the material facts from this forum as well as the opposite party therefore he is not entitled to get any relief. The complainant has concealed the fact that he neither got closed the account bearing No.01871460006060 i.e. his own account nor gave any instructions to stop crediting the said amount by way of debiting from the account bearing No.01871000129244. The amount of Rs.827.25 has been debited on 26.4.2011, 1.7.2011 and 13.10.2011 for not maintaining the average quarterly balance in the account bearing No.01871000129244 in accordance with the instructions and rules, which were well in the knowledge of the complainant and are also intimated and notified to the clients by notifying the same on the notice board in the bank. The said account was not opened by the complainant on any allurement of any officials of the opposite party and it was not to be opened with '0' (zero) balance. Rather the complainant submitted the application form for opening the account, giving a declaration therein that he will be bound by the terms and conditions including charges of the bank against the account prevalent from time to time. The complainant with his own free will got opened the account bearing No.01871460006060 under the kid scheme wherein a sum of Rs.1000/- per month was to be credited and the same was to be withdrawn monthly from the other account bearing No.01871000129244. The complainant has not got the account bearing No.01871460006060 closed on 26.4.2010 by withdrawal of Rs.16,278/- or surrendered the unused cheques as alleged by him. The withdrawal of Rs.16,278/- from the said account does not amount to closure of the account under kid scheme. The opposite party has acted in accordance with the law and the amount of Rs.1000/- per month has been withdrawn from the account bearing No.01871000129244 and has also been credited to the other account bearing No.01871460006060 every time and even interest has been credited to the said account from time to time and as on 1.4.2012 there is credit balance of Rs.17,498.46 in the said account.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. Admitted facts of the parties are that the complainant got opened the saving account bearing No.01871000129244 in his name and thereafter he opened the account under the kid scheme vide account bearing No.01871460006060 in the name of Harish Garg aged about 14-15 years. In the kid scheme the officials of the opposite party have to withdraw Rs.1000/- per month from the saving account of the complainant and credit the same in the kid account. On 26.4.2010 the complainant withdrew Rs.16,278/- vide cheque No.0970176 from the kid account bearing No.01871460006060.

6. The disputed facts between the parties are that the complainant submitted that he closed the kid account bearing No.01871460006060 by withdrawing the amount of Rs.16,278/- vide cheque No.0970176 and submitted the unused cheques to the opposite party with the request to close the kid account. After that the complainant visited the bank and found that the closing balance in his saving account was Rs.1.50 on dated 10.9.2012 instead of the amount of Rs.18,879/- as left on 26.4.2010. In the said account it has been shown that the withdrawal of Rs.1000/- per month w.e.f. 26.4.2010 upto 15.9.2011 was credited in the kid account and found the deduction of Rs.827.25 on 26.4.2011, 13.7.2011 and 13.10.2011 on account of AQB whereas he has opened his saving account with 'Zero' balance. The opposite party without giving any intimation to the complainant suo-motively withdrawn the amount from his saving account i.e. Rs.1000/- per month for crediting the same in the kid account whereas he has withdrawn the whole of the amount in view to close the same.

7. On the other hand the submission of the opposite party is that the complainant neither got closed the account bearing No.01871460006060 nor gave any instructions to stop crediting the said amount by way of debiting the same from the account bearing No.01871000129244 i.e. his own saving account. The amount of Rs.827.25 has been debited on 26.4.2011, 1.7.2011 and 13.10.2011 for not maintaining the average quarterly balance in the account bearing No.01871000129244 in accordance with the instructions and rules, which have been notified, intimated and displayed on the notice board of the bank from time to time. The amount of Rs.1000/- per month has been withdrawn from the account bearing No.01871000129244 i.e. saving account of the complainant and has also been credited in the account bearing No.01871460006060 i.e. kid account, every time the interest has been credited to the said account from time to time and as on 1.4.2012 there is credit balance of Rs.17,498.46 in the said account. The account opening form Ex.R-2 shows that AQB charges i.e. charges for maintaining the average quarterly balance were Rs.5000/- in 2006 and the same were later increased to Rs.10,000/- per month.

8. A perusal of Ex.R2 shows that the complainant has signed the Customer Undertaking or Account Opening Form of saving account with AQB with Rs.5000/- which falsifies his averment that his account was opened with 'Zero' balance. In the declaration it has been mentioned:-

“I/We have understood that I/We am/are required to maintain an Average Quarterly Balance of Rs.5000/- for which the Bank would provide PhoneBanking, NetBanking and ATM services free of charge except where otherwise specified in the schedule of charges. I/We have also understood that non maintenance of AQB will attract.

(a) Non maintenance charges/fees of Rs.750/- per quarter which will be levied without any further advice/notice and

(b) Other charges for PhoneBanking, NetBanking, ATM and branch services on a transaction basis as detailed in the schedule of charges.”

This declaration has duly been signed by the complainant. The account was opened by the complainant on 17.8.2006 and the AQB charges were increased to Rs.10,000/- per month. The complainant has withdrawn the amount of Rs.16,278/- from the kid's account bearing No.01871460006060 and the balance remained 0.66. After withdrawing the amount of Rs.16,278/- the complainant assumed that his kid's account has been closed whereas for this he has never moved an application or given any representation to the opposite party to close the kid's account or has ever given verbal or written direction/request to this effect. At the same time when the opposite party found that the balance is 0.66 in the kid's account, it has never deemed it fit to ask the complainant that whether he wants to continue that account or want to close the same. Moreover the opposite party kept on deducting the amount from the saving account of the complainant and credited the same in the kid's account without any further instructions from the complainant in debiting his amount and crediting the same to the kid's account, the balance of the saving amount reduced and the opposite party charged the amount of Rs.827.25 every time on 26.4.2011, 13.7.2011 and 13.10.2011 on account of non-maintainence of the average quarterly balance. At the time of deducting the amount of Rs.827.25 from saving account of the complainant for not maintaining the minimum balance or AQB the opposite party did not again deem it appropriate/fit to inform the complainant through a notice or by sending him the account statement which amounts to gross deficiency in service on the part of the opposite party. The opposite party never made the complainant aware of the fact that as his balance was on the lower side he is required to maintain AQB.

9. Hence this complaint is accepted with Rs.2000/- as cost and the opposite party is directed to credit the amount of Rs.17,498.46 in the saving account of the complainant and to return the amount of Rs.827.25 X 3=Rs.2481.75 to the complainant and further directed to close the kid's account. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

10. In case of non-compliance the amount of Rs.2481.75 will carry interest @ 9% per annum till realization.

11. A copy of this order be sent to the parties concerned free of cost and the file be consigned to the record.

Pronounced

23-04-2013

(Vikramjit Kaur Soni)

President

 

 

(Sukhwinder Kaur)

Member