Order dictated by:
Sh.S.S.Panesar,President.
- Sh. Sandeep Singh Bhullar complainant has filed the present complaint under section 11 & 12 of the Consumer Protection Act on the allegations that complainant is having saving account bearing no. 0119J74019001 with the opposite party bank. The complainant is an Advocate by profession and is practicing as an Advocate in District Courts Amritsar. In the year 2007, opposite party introduced the scheme especially for Advocates whereby the opposite party started/opened the saving bank Account of Advocates in its bank on Zero Balance. The customer was not required to maintain his account by depositing any minimum balance in his account, meaning thereby that no charges whatsoever will be levied/imposed by the bank to the customer for operating his account on Zero balance. At the time of opening of the said account, opposite party issued only a cheque book to the complainant and no pass book was issued. In the year 2012-13 Aadhar card details of the complainant were linked in the abvoesaid saving bank account to get the LPG subsidy transferred directly to that bank account. In the month of March 2015 complainant was surprised to know that the opposite party has been deducting the said subsidy amount and other amount from the account of the complainant without giving any information to the complainant. Thereafter the complainant visited the bank and contact the concerned manager and enquired about the illegal deduction. The concerned manager assured that the said deducted amount will be credited again in his account very soon, but to no avail. The complainant visited the opposite party so many times and requested them to do the needful, but to no avail. In the month of June 2015 the complainant alongwith Lakhwinder Singh Jhand,Advocate visited the bank premises and requested the manager to close his said ban account and to refund the amount illegally deducted from the account. Thereafter complainant alongwith Sh. Deepinder Singh,Advocate visited the bank premises but the opposite party has been delaying the matter on one pretext or the other. Ultimately a legal notice dated 12.8.2015 was served upon the complainant to refund back the money illegally deducted from the account of the complainant, but to no avail. The complainant has sought for the following reliefs vide instant complaint:-
- Opposite arty be directed to close the saving account of the complainant and to refund the amount illegally deducted from the account of the complainant ;
- Compensation to the tune of Rs. 70000/- may also be awarded alongwith litigation expenses to the complainant.
Hence, this complaint.
2. On notice, opposite party appeared and contested the complaint by filing written version taking certain preliminary objections therein that the present complaint is not maintainable in the present Forum as there is no deficiency of service on the part of the opposite party ; that all the allegations made in the complaint are misleading and concocted one. It is pertinent to mention over here that at the time of opening the account, it was a ‘0’ balance account. Lateron , it was converted into Rs. 10000/- minimum balance account according to which the account holder is required to maintain minimum average balance of Rs.10000/- in the saving bank account. However, as per rules, the complainant was not maintaining minimum balance and as such he became liable to pay he charges of non-maintenance of account which were accordingly levied. However, on the request of the complainant, all the charges were reversed by the opposite party as a goodwill gesture and the said charges amounting to Rs. 3,555.17 paise have been reversed on 7.9.2015 i.e. much before the date of the present complaint, as such the complaint is liable to be dismissed on this score alone ; that opposite party is not liable to pay any damages to the complainant i.e. Rs. 70000/- as compensation cannot be awarded without any deficiency in service . Since the opposite party has already reversed the charges about which the complainant is fully aware, as such the present complaint has become infructuous and opposite party is not liable to pay any damages ; that the replying opposite party has not committed any deficiency in service qua the complainant ; that present complaint is filed on mere conjectures and surmises, therefore, the same is liable to be dismissed u/s 26 of the Consumer Protection Act. On merits, facts narrated in the complaint have been specifically denied and a prayer for dismissal of complaint was made.
3. In his bid to prove the case Sh.Neeraj Brahmi,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, additional affidavit of the complainant Ex.C-2, affidavit of Sh.Lakhwinder Singh, Ex.C-3 alongwith documents Ex.C-4 to Ex. C-8 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh.S.K.Vyas,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Rajiv Kumar Sharma ,D.M.Ex.OP1, copy of statement of account Ex.OP2 and closed the evidence on behalf of opposite party.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file as well as written synopsis of arguments submitted on behalf of both the parties.
6. On the basis of the evidence on record, ld.counsel for the opposite party has vehemently contended that no doubt that complainant opened a Zero balance account with the opposite party at the initial stage. However, the said account was later on converted into Rs. 10000/- minimum balance account according to which the account holder was required to maintain a minimum average balance of Rs. 10000/- in the saving bank account. However, as per rules, the complainant failed to maintain minimum balance and as such he became liable to pay charges of non maintenance of account which were accordingly levied and an amount of Rs.3,555.17 paise was deducted from the account of the complainant. But lateron, on the request of the complainant all the charges were reversed by the opposite party as a goodwill gesture and the said charges amounting to Rs. 3555.17 paise were reversed on 7.9.2015, copy of statement of account Ex.C-2 (Ex.OP2) bears witness to the said fact. It appears that the present complaint has been filed by the complainant in a hasty manner without going through the records. However,the entry of Rs. 3555.17 paise has been reversed much prior to the filing of the present complaint. The complainant is not entitled to any compensation much less Rs. 70000/- claimed by the complainant vide instant complaint as the opposite party has not committed any deficiency in service. Instant complaint is nothing but an abuse of the process of the court and therefore, the complaint may be dismissed with cost u/s 26 of the Consumer Protection Act.
7. But, however, from the appreciation of the facts and circumstances of the case, it becomes evident that the complainant did open a Zero balance saving bank account with the opposite party. The stand of the opposite party that the account was subsequently converted into Rs. 10000/- minimum balance account, is not fortified from any documentary evidence on behalf of the opposite party. So much the opposite party did not file any counter affidavit to rebut the affidavit Ex.C-1 filed by the complainant in support of his case. As opposite party literally did not adduce any evidence in support of their stand taken in the written version except for adducing copy of statement of account Ex.OP2 which is just replica of Ex.C-2 produced by the complainant. In view of the law laid down in Ponnusamy (Dr.) & Anr-Appellants Vs. Ramakrishnan- Respondent 2006(4) CPJ 213 (NC) the case of the complainant stands proved in the absence of any counter affidavit.
8. The opposite party has tried to mislead the Forum by contending that the opposite party has already reversed the entry on 7.9.2015 & the balance to the tune of Rs. 3555.17 paise stood restored in the account of the complainant. But however, perusal of copy of statement of account Ex.C-2 (OP2) would reveal that the said amount was again deducted on the next date i.e. 8.9.2015 itself . This demolishes the entire defense of the opposite party and in a way proved the case of the complainant without a shadow of doubt.
9. Even ,request of the complainant for closing down the account, has also been not accepted by the opposite party without any rhyme or reason. All this shows that the opposite party is deficient in service and the complainant is entitled to the relief of closing down the account as well as the complainant is also entitled to refund of the amount lying deposited in the account of the complainant as well as the wrongfully deducted amount of Rs. 3555.17 paise and the complainant is also entitled to Rs. 5000/- as compensation besides Rs. 2000/- as litigation expenses. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order; failing which, awarded amount shall carry interest @ 9% p.a. from the date of filing of the complaint until full and final recovery. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
