BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.206 of 2021

      Date of Instt. 02.06.2021

      Date of Decision: 25.11.2021

Shikha Gupta (aged about 35 years) D/o Sh. Ashok Gupta R/o House No.463-R, Model Town, Jalandhar.

..........Complainant

Versus

IDBI Bank Ltd. Cool Road Branch, Jalandhar through it’s branch manager.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:         Smt. Harveen Bhardwaj          (President)

 Smt. Jyotsna                           (Member)                                

Present:        Sh. A. K. Gupta, Adv. Counsel for the Complainant.                       OP exparte.

Order

Jyotsna (Member)

1.                This complaint has been filed by the complainant, wherein it is alleged that she is holding a saving account No.073104000156196 with OP. In the year 2018, she has availed a car loan from OP for purchasing a new Car No.PB-08-EC-1600 regarding which she has paid all EMIs till date without any fail. That some months ago, the OP launched Fastag service and requested her to purchase its Fastag services by paying requisite charges thereof. But since she was already having the facility of Fastag through Patym, as such, she refused OP’s offer and denied to purchase the Fastag. But the OP again and again harassed her and kept forcing her to buy its Fastag services, but she continued to reject OP’s offer on the same ground that she is already availing Fastag service from other service provider.

2.                That on 16.02.2021, when she was in Chandigarh on her job, she online checked her aforesaid saving bank account in routine manner and was shocked to know about the deduction of Rs.400/- from her account on 11.02.2021 in lieu of issuance of Fastag which the complainant had never applied nor she had handed over any document i.e. RC, ID proof etc. required for issuance of Fastag. That on coming to know about the illegal deduction, she immediately contacted the OP by lodging a complaint in this regard through email on its official email IDs, wherein stated that she had not visited the bank from last more than two months and there is no written communication/consent/authorization on her behalf in this regard and further requested to refund illegal deduction. Though the OP replied vide email dated 16.02.2021 but instead of refunding the illegal deduction, directed the complainant to get in touch with IDBI Bank customer care support team at toll free numbers i.e. 1800-209-4324, 1800-425-7600 and 1800-208-1947 for getting redressal of her grievance. The complainant contacted various times on the aforesaid numbers and the concerned customer care executive kept on providing one after another toll free numbers and even did not register the complaint by providing a complaint number. Ultimately, on 07.03.2021 one of OPs customer care executive at Number 1800-266-1962 informed the complainant that the aforesaid illegal deduction has been initated at branch level itself, so, directed the complainant to visit the concerned branch. That being aggrieved from it, the complainant again lodged a complaint through email on 08.03.2021, but all in vain. Thereafter, the complainant personally visited the branch and met the Branch Manager to resolve the issue, but they refused to refund illegal deduction amount under the pretext that the branch has no role in this deduction. The complainant also got served a legal notice dated 31.03.2021 upon the OP through her counsel, but all in vain and necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to  award an amount of Rs.10,00,000/- as compensation for causing mental tension and harassment to the complainant and further OP be directed to pay the cost of legal proceedings in favour of the complainant.

3.                Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately, OP was proceeded against exparte.

4.                In order to prove her respective version, the complainant produced on the file her respective evidence.

5.                We have heard the learned counsel for the complainant and also gone through the case file very minutely.

6.                The complainant has produced on record copy of bank statement as Ex.C-1, Copy of email as Ex.C-2, Copy of reply main as Ex.C-3, Copy of online complaint via email dated 08.03.2021 as Ex.C-4 and its reply Ex.C-5, Copy of legal notice Ex.C-6 and postal receipt Ex.C-7. From bank statement Ex.C-1, it is clear that Rs.400/- was deducted for issuance of Fastag. After knowing about the illegal deduction, the complainant immediately sent an email to the OP and OP sent reply to the said email, wherein the OP directed the complainant to get in touch with Bank. But matter was not solved despite sending email and thereafter complainant again sent an email dated 08.03.2021, but all in vain. Also the complainant sent a legal notice to the OP dated 31.03.2021, but the problem of the complainant is not solved.

7.                After considering the overall circumstances and evidence produced by the complainant, it is clear that after refusal to take Fastag service by the complainant the OP issued/gave her the said service and deducted Rs.400/-, which is evident from Ex.C-1. So, under these circumstances and un-rebutted evidence, we find that the OP himself is negligent for giving the Fastag service to the complainant without her permission as the complainant had already refused the said service, which tantamounts to deficiency in service and also the OP did not appear in the Court to contest his case. So, accordingly, we reached to the conclusion that the complainant is entitled for the relief claimed.

8.                In the light of above detailed discussion, we find that the case of the complainant is not rebutted by the OP by bringing on the file any cogent as well as documentary evidence, therefore, we have no hesitation to accept the claim of the complainant and accordingly, we hold that the complainant is entitled for the relief as claimed and therefore, the complaint of the complainant is partly allowed and OP is directed to refund Rs.400/- deducted by the OP on account of issuance of Fastag alongwith interest @ 6% per annum from the date of deduction of Rs.400/- i.e. 11.02.2021 and further OP is directed to pay compensation to the complainant for causing mental tension and harassment to the complainant and litigation expenses, to the tune of Rs.5000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to the record room after due compliance.

Dated                             Jyotsna                           Harveen Bhardwaj     

25.11.2021                    Member                          President