BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.294 of 2015

Date of Instt. 08.07.2015

Date of Decision :02.06.2016

Parbhat Singh Kondal aged about 62 years son of Ran Singh R/o H.No.331-A, Gali No.6, Guru Nanak Pura (West), Jalandhar.

..........Complainant

Versus

1. HDFC Ltd., PAP Chowk, Jalandhar through its Manager/Office Incharge.

2. HDFC Ltd, Corporate Office HDFC Bank House, Senapati Bapat Marg, Lower Patel (West) Mumbai-400013 Maharastra through its Manager/MD/Office Incharge.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: None for the complainant.

Sh.YV Rishi Adv., counsel for the OPs.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties(herein called as OP) on the averments that complainant opened saving bank account bearing No.13391000056873 with OP bank in the year 2009 by depositing a sum of Rs.10,000/- in the said account. The complainant submitted that he withdrew only Rs.2000/- from the said account and on 15.11.2014 complainant visited the OP No.1 bank branch for withdrawal of Rs.4000/-. The official of the OP told to the complainant that there is no balance amount in the account of the complainant. Complainant submitted that he never withdrew any other amount then how his account became empty, the OP could not explain. On such averments, the complainant has prayed for directing the OPs to pay the balance amount of Rs.8000/- alongwith interest. He has also claimed compensation and litigation expenses.

2. Upon notice, OPs No.1 & 2 appeared through counsel and filed written reply pleading that complainant opened aforesaid account with OP No.1 bank on 10.4.2009 by depositing Rs.10,000/-. The complainant deposited Rs.1000/- in his account on 30.5.2009 raising his account balance Rs.11,000/-. On 24.5.2011 the complainant withdrew an amount of Rs.10,000/- vide self cheque. Thereby, leaving balance of Rs.1755/- in his account. Thereafter, the complainant did not maintain agreed minimum balance of Rs.10,000/- in his saving account resultantly due to penal charges were debited to his account by the OP from 17.7.2011 to 22.10.2013 when his account balance became NIL. The complainant has concealed the material facts.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C3 and evidence of the complainant was closed by order.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OP/A alongwith copies of documents Ex.OP-1 to Ex.OP-7 and closed evidence.

5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

6 . From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant opened saving bank account bearing No.13391000 056873 with OP bank in the year 2009 by depositing a sum of Rs.10,000/- in the said account. The complainant submitted that he withdrew only Rs.2000/- from the said account and on 15.11.2014 complainant visited the OP No.1 bank branch for withdrawal of Rs.4000/-. The official of the OP told to the complainant that there is no balance amount in the account of the complainant. Complainant submitted that he never withdrew any other amount then how his account became empty, the OP could not explain. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

7. Whereas the case of the OPs is that complainant opened aforesaid account with the OP No.1 bank on 10.4.2009 by depositing of Rs.10,000/-. The complainant deposited Rs.1000/- in his account on 30.5.2009 raising his account balance of Rs.11,000/-. On 24.5.2011 the complainant withdrew an amount of Rs.10,000/- vide self cheque. Thereby, leaving balance of Rs.1755/- in his account. Thereafter, the complainant do not maintained agreed minimum balance of Rs.10,000/- in his saving account consequently penal charges were debited to his account by the OP from 17.7.2011 to 22.10.2013 when his account balance became NIL. The complainant has concealed the material facts. As such, learned counsel for OPs submitted that under these circumstances, there is no deficiency of service on the part of the OPs qua the complainant.

8. From the entire above discussion, we have come to the conclusion that complainant has concealed the material facts from this Forum and has filed this false complaint. The complainant has opened this account vide application form Ex.OP1 in which it has been categorically mentioned that average quarterly balance in this account is required to be maintained as Rs.10,000/- failing which penal charges shall be deducted from the account holder. The complainant opened this account by depositing Rs.10,000/- on 10.4.2009 and thereafter he deposited Rs.1000/- on 30.5.2009 raising his balance amount to Rs.11,000/-. He withdrew a sum of Rs.10,000/- on 24.5.2011 through self cheque, leaving balance of Rs.1775/- to his credit and thereafter complainant did not maintain agreed minimum balance of Rs.10,000/- in his aforesaid account, therefore, penal charges were debited to his account by OP for the period from 17.7.2011 to 22.10.2013 when his account balance became NIL as is evidence from the statement of account of the complainant Ex.OP7. Complainant has pleaded false facts in the complaint that he withdrew only Rs.2000/- from this account but no date, month or year has been mentioned when he withdrew Rs.2000/- from this account. Rather he withdrew Rs.10,000/- through self cheque from this account on 24.5.2011. All these facts have been concealed by the complainant. The complainant has also concealed the fact that he deposited Rs.1000/- in this account on 30.5.2009. So, all this shows that there is no truth in this complaint. Rather, complainant has filed vexatious and frivolous complaint just to harass the OP with concealment of facts and raising false facts in this complaint. As such, we dismiss this complaint with cost under section 26 of the Consumer Protection Act. Thereby, complainant is directed to pay a sum of Rs.5000/- as cost to the OP within one month from the date of receipt of copy of this order, failing which OP shall be entitled to recover this amount from the complainant by filing execution application. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

02.06.2016 Member President