Haryana

Ambala

CC/165/2018

Vipul Jain - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

19 Apr 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        :  165 of 2018

                                                          Date of Institution         :  23.05.2018

                                                          Date of decision   :  19.04.2019

 

 

Vipul Jain s/o Sh. Parveen Jain  proprietor M/s Shree Neeal Kanth Traders, Officer at 579/580, Ram Kishan, Colony, Ambala Cantt.

 

……. Complainant.

                                                          Vs.

 

Manager, HDFC Bank, office  at Nicloson Road, Ambala Cantt.

 

….…. Opposite Party

  

 

Complaint Under Section 12 of the Consumer Protection Act

 

 

Coram:       Ms. Neena Sandhu, President.

Ms. Ruby Sharma, Member.

Sh. Vinod Kumar Sharma, Member.

.

                            

Present:       Sh. A.B.Kapoor, Advocate, counsel for complainant.

Sh. Kavinder Chawla,  Advocate, counsel for the OP.

 

Order:         Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party(hereinafter referred to as ‘Op’).

The brief facts of the complaint are that complainant is having a current account no.50200021155719 with OP.  The business of the complainant is such that he deposits the payments in the same form as received  during the course of transaction in  his business. From the past two months, the employees of the OP bank have been refusing  to accept the coins of denomination of Rupees Ten, by making reference of  circular/notification of RBI.  However, on checking from the website of RBI, he could not find such notification or guidelines.  The complainant earlier had also filed a complaint against the Op before this Forum for the same cause of action. OP appeared through its counsel and filed written version. In the preliminary objection no. 4 of the written version, the OP had taken a stand that it had never refused to accept coins of Rupees Ten, as a result whereof, complainant withdrew the said complaint and the same was disposed of by this Hon’ble Forum vide its order dated 05.02.2018, with the direction that if any further cause of action arises, then complainant is at liberty to file fresh complaint, if so desired. After that on 07.04.2018, complainant went to the OP to deposit coins of Rupees Ten but it refused to accept the coins of Rupees Ten more than one thousand Rupees. The said act of the OP amounts to deficiency in service on its part. Hence, the present complaint.

2.               Upon notice OP, appeared through counsel and filed written version raising preliminary objections qua complaint is not maintainable; no cause of action and no jurisdiction; On merits, it is stated that as per RBI circular no.RBI/2017-18/3, dated July 03, 2017,   the bank is bound to accept the coins of denomination of Rupees Ten upto one thousand rupees only. Copy of said circular of RBI, has been fixed on the notice board of the bank for the knowledge of the public at large. The  bank officials never refused  to accept  the payment of coins. All other averments made in complaint were denied and prayer has been made for dismissal of the complaint with costs. Thus, there is no deficiency in service on its part and prayed for dismissal of the complaint.

3.                To prove his version, complainant tendered affidavit, Annexure CW1/A alongwith documents as Annexure C-1 and closed the evidence. On the other hand, Counsel for the OP, tendered document, Annexure R-1 and closed the evidence.

4.                We have heard the learned counsel of the parties and carefully gone through the case file.

5.                The learned counsel for the complainant has argued that  Reserve Bank of India vide  its circular dated 15.02.2018 , Annexure C-1, directed all the banks to accept coins of all  denominations tendered at their counters either for exchange  or for deposit in accounts. Even, the  OP in the written version filed in the earlier complaint  as well as in present complaint has taken the stand that it never refused to accept  the coins of denomination of Rs.10/-. Whereas the officials of the Op have  refused to accept the ten rupees coins from the complainant in violation of the above referred circular dated 15.02.2018 of the Reserve Bank of India.

On the contrary the learned counsel for the Op vehemently argued that as per  the Circular dated 3.7.2017 of  Reserve Bank of India, Annexure R-1, the bank can accept  a coin of any denomination not lower than one rupee, for any sum not exceeding One Thousand Rupees.  As per the said circular, the bank is bound to accept the coins of denomination of Rs. 10/- upto Rs.1,000/-. The bank has never refused to accept the coins from the complainant.  The complaint filed by the complainant is devoid on merit and same is dismissed with heavy cost.

6.                In the circular dated 15.02.2018 regarding ‘Acceptance of coins’ there is reference of the master circular DCM(NE) No.g-1/08.07018/2017-18 dated 03.07.2017. In paragraph 1(a)(iii) (a) of the said circular, it is categorically mentioned that :-

1. A coin of any denomination not lower than one rupees, for any sum not exceeding one thousand rupees.

7.                Keeping in view, the instructions/directions issued by the Reserve Bank of India in the master circular referred to above, we hereby dispose of the present complaint with the direction to the complainant to deposit the coins of any denomination not lower than one rupees for any sum not exceeding one thousand rupees with the OP and the same shall be accepted by the OP. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :   19.04.2019

 

 

 

 

          (Vinod Kumar Sharma)              (Ruby Sharma)     (Neena Sandhu)

              Member                   Member                       President