Delhi

North East

CC/429/2015

Ashwani Kr. - Complainant(s)

Versus

Indusind Bank Ltd. - Opp.Party(s)

12 Sep 2022

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 429/15

 

In the matter of:

 

	Ashwani Kumar Plot No. C-167, Khasra No. 367 Narayan Kunj-II, Village-Banthala Pargana-Loni, Tehsil & Distt Ghaziabad, UP	Complainant
	Versus
	Indusind Bank C-61, Preet vihar Vikas Marg, New Delhi-110092	Opposite Party

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                         DATE OF ORDER  :

31.10.15 20.07.22 12.09.22

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

      Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986

Case of the Complainant

1. The Facts of the complaint are that the complainant filled a form for a savings account in Opposite Party bank on 16.09.14 and opened an account but officials of Opposite Party bank had opened a three in one account instead of savings account bearing no. 1000031078905 and this information about the three in one account is not provided to the Complainant by the Opposite Party and the Complainant continued his transactions as transactions from savings account. The Complainant stated that he had deposited a sum of Rs.10,000/- through cheque in his account and the balance become Rs.10,018.49. The Complainant submitted that on 08.10.2014 the Opposite Party bank had deducted a charge of Rs.22.47/- from his account. The Complainant stated that on 11.10.14 a sum of Rs.1,399/- is again deducted from his account and the Complainant asked the Opposite Party bank officials to close the account but they asked for Rs.5,000/- for the same. On 28.10.14, the Complainant had again deposited a sum of Rs. 5,000/- in his account and his balance become Rs. 13,597/- and he withdraw a sum of Rs.10,750/- on the same day. On 30.10.14 again Rs.539.33/- is deducted from his account and the Opposite Party bank official gave him assurance that his all the money would be returned to him. It is stated by the complainant that on several dates again a charge of Rs. 22.47/- is deducted from his account. The Complainant asked the senior official of Opposite Party to close his account and refund his money, they given him assurance that his money will be refunded but no money is given back. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed to close his account and he has also prayed Rs. 52,000/- on account of mental harassment and Rs. 12,000/- for litigation charges.

Case of Opposite Party

2. The Opposite Party contested the case and filed written statement. It is stated by the Opposite Party that all the allegations and averments made against the Opposite Party in the complaint are false, frivolous and vexatious. It is further submitted that the Complainant showed the interest in the Demat Account and he opted for three in one account of the opposite party and wanted to avail the service of the said account and in pursuance of that interest the Complainant opened the three in one account with the Opposite Party on 11.09.14 vide account no. 100031078905 with the Preet Vihar branch of the Opposite Party.
3. It is further submitted that the Complainant opened the three in one account with the Opposite Party with the initial deposit of Rs. 10,000/-  vide cheque number 486639 drawn on the Punjab National Bank and the Opposite Party had fully explained all the terms and conditions of the three in one account to the Complainant at the time of the opening of the said account and the Complainant opened the said account after knowing all the terms and condition mentioned therein.

 

Rejoinder to the written statement of Opposite Party

4. Complainant filed rejoinder to the written statement of the Opposite Party and he has stated that he does not have any kind of information about what demat account is. The Complainant does not show any interest in opening this demat account also not in opening three in one account.
5. It is further stated by Complainant in his rejoinder that he has requested the Opposite Party to close his account in this regard he has submitted an application for closing the account time and again which was rejected by the Opposite Party saying that closing of account is not in their hand.

Evidence of the Complainant

6. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

7. In order to prove its case Opposite Party has filed affidavit of Shri  Vaishnav Dutt, working as Head-Currency Chest(Delhi) General Banking Operations with the Opposite Party having at its Zonal Office at Indusind Bank Ltd, T-3 to T-8, 3^rd Floor, Vasant Square Mall, Vasant Kunj,  New Delhi-110070 wherein the averments made in the written statement have been supported.

Arguments and conclusion

8. We have heard the Complainant and Ld. Counsel for the Opposite Party. We have also perused the file and the written arguments filed by the parties. The case of the Complainant is that his account should be closed which was denied by the Opposite Party, on the pretext that they have not received any application from the Complainant for closing the account.
9. Complainant had submitted application for closing the account the copy of the same was also annexed along with the complaint. Further, the Opposite Party not given any reason for not closing the account, even if, said account is demat account or any charge/payment is pending against the said account.
10. In view of the above discussion, the complaint is allowed. Opposite Party is directed to close the Complainant’s account bearing no. 1000031078905. Opposite Party is also directed to pay Rs. 20,000/- on account of deficiency of services, harassment and litigation charges along with interest @ 6 % p.a.  from the date of this order till its recovery.

 

11. Order announced on 12.09.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President