Chandigarh

DF-II

CC/662/2015

WG. CDR. A.S. Dhillion - Complainant(s)

Versus

Kotak Mahindra Bank - Opp.Party(s)

In Person

28 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	662/2015
Date of Institution	:	19.11.2015
Date of Decision	:	28/01/2016

 

                                                

                                                         

 

Wg. Cdr. A.S. Dhillon son of Sh.Shangara Singh r/o H.No.1533, Sector 34-D, Chandigarh

                                      ...  Complainant.

 

Versus

Kotak Mahindra Bank, SCO No.830, NAC Manimajra, UT, Chandigarh.

 

…. Opposite Party.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:

                   Complainant in person.

                   OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that he opened a saving bank a/c No.642010048298 with the OP-Bank and deposited a sum of Rs.5 lacs in the account on 05.02.2014 and the said amount was converted into the FDR on 17.02.2014. Thereafter, he deposited another amount of Rs.1000/- on 19.03.2014 and as on 22.03.2014, he was having balance of Rs.1658.59.   According to the complainant, the OP deducted the aforesaid amount of Rs.1658.59 from his account for not maintaining the minimum amount in the account. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.           Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 29.12.2015.
3.           We have heard the complainant in person and have gone through the documents on record.
4.           At the time of arguments, the complainant has submitted that he opened the aforesaid savings account with the OP-Bank with zero balance and at the time of opening the account, he was told that there was no limit for maintaining the minimum balance in the account. However, the OP have illegally and arbitrarily deducted a sum of Rs.1658.59 for not maintaining the minimum balance in the account.  
5.           Annexure A is the copy of the bank statement from which it is evident that the complainant opened the account with zero balance with the OP-Bank. A close scrutiny of the said bank statement (Annexure A) further reveals that the OP-Bank had deducted a sum of Rs.677.67 and Rs.6.83 Paise, totaling Rs.684.50 Paise on 01.01.2015 and 02.04.2015 on account of not maintaining the quarterly average balance (QAB) instead of Rs.1658.89, as alleged in the complaint.  The deduction of Rs.685/- on account of quarterly average balance is illegal and arbitrary as the complainant had opened the said savings account with zero balance.  Non-refund the said amount by the OP despite repeated requests of the complainant made vide letters dated 27.04.2018 and 22.09.2015 itself amounts to deficiency in service on its part.
6.           In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed with a direction to the OP to refund a sum of Rs.685/- to the complainant alongwith composite compensation of Rs.2500/- towards mental agony and physical harassment and litigation costs.  This order be complied with by the OP, within 45 days from the date of receipt of its certified copy, failing which the awarded amounts shall carry interest @9% per annum from the date of this order till its actual payment.
7.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

28/01/2016

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

Sd/-

(PRITI MALHOTRA)

MEMBER