Chandigarh

DF-I

CC/103/2018

Sunil Kumar - Complainant(s)

Versus

Indusind Bank - Opp.Party(s)

Manoj Kuma Rohilla Adv. & Harnek Singh Sandhu Adv.

15 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/103/2018
Date of Institution	:	21/02/2018
Date of Decision	:	15/10/2018

 

Sunil Kumar S/o Sh. Krishan Lal, H.No.5, Old Mata Gujri Enclave, Mundi Kharar, Tehsil Kharar, District SAS Nagar, Mohali, Punjab.

…..Complainant

V E R S U S

IndusInd Bank, SCO 224-225, (Basement), Sector 40-D, Chandigarh – 160040, through its General Manager/Auth. Signatory.

… Opposite Party

 

CORAM        :	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh.Manoj Kumar Rohilla, Counsel for Complainant.
	:	Sh.Arun Dogra, Counsel for Opposite Party.

Per Suresh Kumar Sardana, Member

1.         The facts of the Consumer Complaint, in brief, are that the Complainant opened a saving account No.100039112320 with the Opposite Party and on the recommendations of the Executive of Opposite Party also took a Health Insurance Policy bearing No.10087119. It has been alleged that despite personal visits and sending reminders, the Opposite Party did not issue him Passbook, Cheque book and Debit card. However, the Opposite Party deducted an amount of Rs.1140/- for Platinum plus Card from his account on 21.10.2015 without issuing the said card and further deducted annual charges of Rs.526.70/- and Rs.392.15 on 25.10.2016 and 29.10.2016 respectively. Not only this, the Opposite Party on 29.10.2016 deducted Rs.5357/- for a new Signature Card which was not even issued and requested for by the Complainant. On being approached, though the Opposite Party had refunded the aforesaid wrongly charged amounts, but did not refund the amount of Rs.5357.85/- and rather started illegally deducting various charges in respect of the said Signature Card. In this backdrop, the Complainant approached the Opposite Party to stop the illegal deductions and to refund the charges wrongly deducted from his account, but all in vain. With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party filed its written version, inter alia, admitting the basic facts of the case. It has been pleaded that as a matter of practice the officials of the Opposite Party call its customers asking that whether they have received the Cheque Book, Passbook and Debit Card and accordingly similar call was made to the Complainant and the Complainant told the representative of the Opposite Party that he has received Cheque Book, Passbook and Debit Card. It has been asserted that the Complainant himself made a request for debit card during his visit to the Branch which was entertained by the officials of the Opposite Party and a sum of Rs.1140/- were deducted. However later on the Complainant informed the Opposite Party that he has not received the said card, accordingly in the spirit of consumerism the charges so levied were reversed by the answering Opposite Party. It has been urged that as the Complainant did not receive the Platinum Card, as such he requested the officials of the Opposite Party to issue him Signature Card and the same was accordingly issued and sent to him not only once but twice, as such the question of reversal of Signature Card charges does not arise at all.  Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         Controverting the allegations contained in the reply and reiterating the pleadings in the Complaint, the Complainant filed the rejoinder.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Parties.
7.         The main allegation of the Complainant is that Opposite Party has issued him a Debit Card, Platinum Card and a Signature Card without his specific request and has also made necessary deductions from his savings account towards the issue of these cards. The Complainant has contended that he never used the aforesaid cards.
8.         Per contra, the Opposite Party contended that the aforesaid cards were issued on the request of the Complainant himself. However, the Opposite Party has miserably failed to produce on record any such documentary evidence/signed request/form where the said request was made by the Complainant himself. The Opposite Party has also failed to place on record any document to show that the Complainant has ever used the said cards.   
9.         Hence, the act of the Opposite Parties for deliberately issuing of multiple cards without the specific request of the Complainant and levying of unnecessary charges towards the issue of the same, certainly and definitely amounts to deficiency in service and its indulgence into unfair trade practice, which certainly has caused unprecedented physical and mental harassment to the Complainant and forced him to indulge in the present unnecessary litigation.  
10.         In view of the above, the complaint deserves to be allowed. Accordingly the complaint is partly allowed against Opposite Party and it is directed as under:-

 

1. To pay Rs.10,000/-, as compensation for mental agony and physical harassment caused to the complainant and also for deficiency in providing service and adopting unfair trade practice.

 

2. To pay cost of litigation, to the tune of Rs.7,000/- to the complainant.

 

11.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, Opposite Party shall be liable for an interest @12% per annum on the amounts mentioned in sub-paras [i] & [ii] above from the date of institution of this complaint, till these are paid.  

 

12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-	Sd/-
15/10/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”