Chandigarh

DF-I

CC/587/2021

Mrs. Pinki Chauhan - Complainant(s)

Versus

Kotak Mahindra Bank - Opp.Party(s)

Mayank Sharma

12 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/587/2021
Date of Institution	:	31/08/2021
Date of Decision	:	12/01/2024

 

Mrs.Pinki Chauhan W/o Vinay Kumar Chauhan, age about 29 years, R/o 75, Block-L, Labour Colony No.4, Industrial Area, Phase-I, Union Territory Chandigarh-160002.

… Complainant

V E R S U S

1. Kotak Mahindra Bank, through Managing Director, Registered office 27 BKC, C-27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai-400051.
2. Ms.Dimpi Jhurani, Branch Manager, Kotak Mahindra Bank, Khasra No.678, Chandigarh-Landran Road, Sohana-140308.
3. Amandeep Kaur, Branch Operation Manager, Kotak Mahindra Bank, Khasra No.678, Chandigarh-Landran Road, Sohana-140308.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Shivam Bansal, Advocate proxy for Sh.Simranjit Singh Sidhu, Advocate for Complainant.
	:	Sh.Vivek Gupta, Advocate proxy for Sh.Kanwar Chaudhary, Advocate for OPs.

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had opened a bank account with OP No.1 & 2 in February, 2019 by availing the facility of online opening of account provided by the OPs. The complainant required a bank account for registration under the PMMVY which is a maternity benefit scheme of Government of India for women. After some days, the associate of OP No.1 & 2 contacted the complainant telephonically stating that the complainant’s KYC has been done and the account is now operational. A sum of Rs.1000/- & Rs.2000/- was transferred in the said account of the complainant by Government of India on 6.7.2019 & 26.08.2019, respectively under the above-mention scheme (Annexure C-1). Thereafter, on 5.4.2020 some online transaction for some household needs was declined with the reason of the account being non-functional. As lockdown was imposed at that time by the Govt. of India, due to Covid-19, the complainant was unable to approach the OP’s physically with regard to her grievance. It is also stated that the account was closed by the OP bank without any intimation to the complainant about the same. Thereafter, the complainant made several representations from 1.7.2020 to till date to the OP’s for activating the said account as a sum of Rs.3000/- was yet to be received from the Government of India under the above stated scheme. The complainant received a phone call from the OPs, on 11.08.2020 thereby, admitting the fault on their part and further to refund a sum of Rs.1320/- only. Thereafter, the complainant approached the OPs telephonically, as well as in person by approaching OP No.2, but till date not even a single penny has been refunded to the complainant and the same is being delayed on one pretext or the other (Annexure C-2). Hence, is the present consumer complaint.
2.     OPs contested the consumer complaint, filed their written reply and stated that the account was closed due to the non-compliance of KYC verification by the complainant, even after repeated reminders. It is also stated that after account closure, the OP reached out to the customer so that balance of Rs.1320/- in the account is transferred to the customer. However, even after sending required documents for processing account closure balance in favour of the customer, the customer till date has not submitted the required documents. The complainant, despite being aware of the mandatory requirement of completion of KYC process and repeated correspondence from the OP, did not ensure compliance of the same. Therefore, as per process, the OP closed complainant’s bank account. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsels for the parties and gone through the record of the case.
6.     On perusal of complaint, it is gathered that the main grievance of the complainant is that the saving bank account opened by her in February 2019, was closed in February 2020, without any notice, due to which, an amount of Rs.3000/- could not be credited under PMMVY, a maternity benefit scheme of GOI and moreover, there was a closing balance of Rs.1320/- and the same was also not paid.
7.     On perusal of Annexure C-1 & other documents, it is observed that the complainant had an account No.1113665377, with the OP’s bank, which was opened on 26.02.2019. It is also observed that the said account was closed by OPs due to non-completion of KYC, as per Govt. guidelines and at that time, it had a closing balance of Rs.1326/-.
8.     We are of the view that the account in question could not have been closed, without paying the balance amount of Rs.1326/- to the complainant. By not paying the balance closing balance of Rs.1326/- to the complainant, the OPs are deficient in providing service to the complainant and have indulged in unfair trade practice.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of ₹1326/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint onwards.
2. to pay an amount of ₹5000/- to the complainant as compensation for causing mental agony and harassment to her.
3. to pay ₹5000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Pending miscellaneous application, if any, also stands disposed of.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
12/01/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member