BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 408 of 2022.
Date of Institution : 15.06.2022.
Date of Decision : 08.05.2024.
Santokh Singh S/o Sh. Jagh Singh Age 70 years r/o Dhani Santokh Singh, Sultanpuria Road Ward No. 9 Rania, Tehl. Rania, Distt. Sirsa.
……Complainant.
Versus.
- Manager, Axis Bank Branch Main Road Rania, Tehl. Rania, Distt. Sirsa.
- Sandeep Kumar, Bank employee Axis Bank Branch Main Road, Rania, Tehl. Rania, Distt. Sirsa.
- Aakash Gandhi Bank Employee Axis Bank Branch Main Road, Rania, Tehl. Rania, Distt. Sirsa.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
SH. OM PARKASH TUTEJA…………………..MEMBER
Present: Sh. A.S. Wadhwa, Advocate for complainant.
Sh. M.S. Sethi, Advocate for opposite party No. 1.
OPs No. 2 & 3 already ex-parte.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to OP).
2. In brief, the case of complainant is that on 17.01.2020 on the asking of OP No. 2, the complainant got opened the bank account with OP No. 1 bearing No. 919010093374761 and on the same day he deposited Rs. 2 lac through cheque. On 14.05.2020 the complainant got withdrawn Rs. 52177/- and the balance in the account was Rs. 6808.20/-. Thereafter on 20.09.2020 the bank deducted Rs. 500/- as the consolidated charges and Rs. 90/- for GST. Complainant visited the branch and inquired about this from the manager and he stated that he has to retain Rs. 15000/- balance in his account. The complainant told him that their bank employee i.e. OP No. 2 Sandeep Kumar told him that he has to retain amount of Rs. 5000/- in his account and the account was also opened on his advice. He further averred that after completing the formalities his account was closed and Rs. 5775.50/- was returned to the complainant and pass book and cheque book got deposited. On 18.10.2020 the complainant again received message of deduction of Rs. 500/- alongwith GST of Rs. 90/- as consolidated charges from his account and he again went to the bank and bank asked him to request for the closer of account but did not close his account on 17.05.2022. They have demanded Rs. 360 fetch debit card. On 30.05.2022 he has sent mail to nodal officer on email ID i.e. nodal.officer@axis bank for closing of his account but the account has not been closed till date. Hence, this complaint.
3. On notice, initially OPs appeared. OP No. 1 filed written statement taking certain preliminary objections that the complaint is without any basis and complaint is without any cause of action and complainant filed his complaint by concealing the facts and that complaint is not maintainable. On merits it is submitted that the complainant has opened the account under the SBPRAM Scheme, in which the minimum amount to the extent of Rs. 15000/- is to be retained in the account. It is wrong that complainant got closed his account and as minimum balance was of Rs. 5000/- therefore charges were deducted and prayed for dismissal of complaint.
4. When on 01.02.2023 the case was fixed for filing written statement on behalf of OPs No. 2 & 3, none appeared on their behalf and as such the OPs No. 2 & 3 were proceeded against ex-parte.
5. The complainant in evidence has tendered his affidavit Ex. CW1/A and statement of bank account Ex.C1 in which the account was opened in SBA, Statement of account Ex.C2, Statement of account Ex. C3 in which Rs. 500/- with Rs. 90/- GST has been deducted by bank
6. On the other hand, op No. 1 has tendered affidavit of Sh. Rinku Taneja, Branch Manager, Sirsa in which he has reiterated that the account was opened in SBPRM Scheme and placed on record the customer application form Ex. R-2, Bank of Scheme Ex. R-3, account tariff structure Ex. R-4 and request product change form Ex. R-5, undertaking of complainant Ex. R-6 and Statement of account Ex. R-7 to Ex. R-9
7. We have heard learned counsel for the parties and have gone through the case file.
8. From the perusal of Ex. C-2 statement of account it is evident that the account was opened in SBPRM Scheme and as per the bank broacher Ex. R-3 the minimum amount in the metro/urban Rs. 25000, Semi urban Rs. 15000/- and Rural Rs. 15000/- is to be retained in the account. In view of the scheme when the balance in the account was Rs. 5000/- charges of Rs. 500/- and GST Rs. 90/- has been rightly deducted by the OPs from the account of complainant. However, as complainant also asked the OPs to close his account but OPs failed to act upon the request of complainant and as such there is deficiency in service for non-closing the account of complainant in the SBPRM scheme, as he has filed application to change his account and OPs themselves have placed on record his application Ex. R-5. Thereafter as Rs. 500/- and Rs. 90/- were again deduced from his previous account so there is deficiency in service on the part of OPs and the complainant is entitled for refund of Rs. 590/- alongwith compensation and harassment charges and litigation expenses.
9. In view of our above discussion, we allow the present complaint and direct the opposite party No. 1 to pay Rs.5,000/- as compensation for unnecessary harassment to the complainant and Rs. 5000/- as litigation expenses and also to refund the amount of Rs. 590 /- wrongly charged by bank from the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the above said amounts alongwith interest @6% per annum from the date of this order till actual realization. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President
Dt. 08.05.2024. District Consumer Disputes
Redressal Commission, Sirsa.
