Order No. 11 dt. 03/12/2018
The case of the complainant in brief is that the complainant has a savings account being 1000043415756 with o.p. no.2. The complainant is maintaining the said account since the month Feb. 2016. The complainant noticed that in the month of Feb. 2017 the bank deducted Rs.600/- from his account and in the month of March deducted Rs.1500/- from his account. After coming to know of the said deduction the complainant went to Park Street Branch and wanted to know as to why the amount of Rs.600/- and Rs.1500/- were deducted on 13.2.17 and 20.2.17 respectively. The complainant claimed the refund of the said amount, but no step was taken for which the complainant filed this case praying for direction upon the o.ps. for refund of the said amount as well as compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant when sought for the statement of account it was provided to him and the complainant was fully aware of the information regarding the statement of account. It was further stated that the said account was opened as salary account of a reputed corporate on 11.3.16. However, subsequently the salary was not credited to the said account and hence the account naturally got converted to normal account. The amount mentioned by the complainant that Rs.600/- was debited from his account in Feb. 2016 and actually as per the SOA Rs.527.60 had been debited from his account on two grounds, Rs.402.50 towards ECS return charges on 8.2.17 and Rs.125.01 towards ATM usage charges. In March 2017 Rs.602.99 had been debited from his account, Rs.575/- had been debited towards ECS return charges and Rs.27.99 towards ATM usage charges. The statement of account provided to the complainant categorically stated such charges were deducted as per process laid down by Indusind Bank Ltd. The said deduction cannot be said to be deducted illegally or in arbitrary manner. The complainant while informed of the said fact, the o.ps. fully cooperated with the complainant and it was informed that if salary is not credited for three consecutive months the account is converted to normal trading account i.e. Indus Classic and the same was converted. However, for charging ECS return charges the SOC for comfort account have been followed. The amount of Rs.1130.61 has been deducted in total in between Feb. and March and the account got zeroised on 6.1.17. The said deduction had been made as per RBI guideline. On the basis of the said fact o.ps. stated that there was no deficiency in service or unfair trade practice on their part and as such, o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant had the account with o.ps.?
- Whether o.ps. deducted the amount illegally?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant has a savings account being 1000043415756 with o.p. no.2. The complainant is maintaining the said account since the month Feb. 2016. The complainant noticed that in the month of Feb. 2017 the bank deducted Rs.600/- from his account and in the month March deducted Rs.1500/- from his account. After coming to know of the said deduction the complainant went to Park Street Branch and wanted to know as to why the amount of Rs.600/- and Rs.1500/- were deducted on 13.2.17 and 20.2.17 respectively. The complainant claimed the refund of the said amount, but no step was taken for which the complainant filed this case praying for direction upon the o.ps. for refund of the said amount as well as compensation and litigation cost.
Ld. lawyer for the o.ps. argued that the complainant when sought for the statement of account it was provided to him and the complainant was fully aware of the information regarding the statement of account. It was further stated that the said account was opened as salary account of a reputed corporate on 11.3.16. However, subsequently the salary was not credited to the said account and hence the account naturally got converted to normal account. The amount mentioned by the complainant that Rs.600/- was debited from his account in Feb. 2016 and actually as per the SOA Rs.527.60 had been debited from his account on two grounds, Rs.402.50 towards ECS return charges on 8.2.17 and Rs.125.01 towards ATM usage charges. In March 2017 Rs.602.99 had been debited from his account, Rs.575/- had been debited towards ECS return charges and Rs.27.99 towards ATM usage charges. The statement of account provided to the complainant categorically stated such charges were deducted as per process laid down by Indusind Bank Ltd. The said deduction cannot be said to be deducted illegally or in arbitrary manner. The complainant while informed of the said fact to the o.ps., the o.ps. fully cooperated with the complainant and it was informed that if salary is not credited for three consecutive months the account is converted to normal trading account i.e. Indus Classic and the same was converted. However, for charging ECS return charges the SOC for comfort account have been followed. The amount of Rs.1130.61 has been deducted in total in between Feb. and March and the account got zeroised on 6.1.17. The said deduction had been made as per RBI guideline. On the basis of the said fact o.ps. stated that there was no deficiency in service or unfair trade practice on their part and as such, o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant maintained the account with o.ps. The complainant has stated that during the period of Feb and March 2017 the amount was deducted from his account illegally for which the complainant filed this case. The complainant has clarified that during the subsistence of the said account o.ps. illegally deducted some amount from his account. The complainant has also stated that he was not provided with the statement of account and after obtaining the statement of account it appears that the amount was deducted illegally by o.ps. The o.ps. in their w/v as well as evidence categorically stated that as per the statement of account Rs.527.60 had been debited from his account on two grounds viz. Rs.402.50 towards ECS return charges on 8.2.17 and Rs.125.01 towards ATM usage charges in March 2017. Again the amount was deducted Rs.575/- towards ECS return charges and Rs.27.99 towards ATM usage charges. The complainant was provided with the statement of account whereby it was categorically stated on what ground the amount was deducted. The o.ps. also in their w/v categorically stated that in April 2016 had communicated to the complainant at his address that if salary is not credited for three consecutive months the account is converted to normal trading account i.e. Indus Classic and accordingly the account was converted. However, for charging ECS return charges the SOC for comfort accounts have been followed. On perusal of the materials on record we do not find any illegality for which the complainant will be entitled to get any relief as sought for. It appears on materials on record that the complainant was informed on what ground the amount was deducted and he was duly informed. Thereby, we hold that there was no deficiency in service or unfair trade practice on the part of o.ps. and as such, the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.119/2018 is dismissed on contest without cost against the o.ps.
