Punjab

Faridkot

CC/15/44

Maya Devi - Complainant(s)

Versus

Manager HDFC Bank Ltd - Opp.Party(s)

jaswant Singh

02 Jul 2015

ORDER

      DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  FARIDKOT

 

Complaint No. :         44

Date of Institution :  17.03.2015

Date of Decision :    2.07.2015

 

 

Maya Devi wife of Sh Pritpal Singh r/o Village Kikkar Khera, Tehsil Abohar, Distt Fazilka, Now r/o Harindra Nagar, Opp. Deputy Commissioner residence, Faridkot.

                                                                                                                        .....Complainant

                   Versus

 

Manager, HDFC Bank Ltd. Circular Road, Faridkot  Near Bus Stand, Faridkot.

                                      ....Opposite Party(OP)

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum : Sh Ajit Aggarwal, President.

                Smt Parampal Kaur, Member.

                Sh P Singla, Member.

 

 

Present: Sh Jaswant Singh, Ld Counsel for complainant,

              Sh D S Sidhu, Ld Counsel for OP.

 

ORDER

(Ajit Aggarwal, President)

 

 

                                                      Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against HDFC Bank/ OP seeking directions to OP to refund Rs 5,118.38 with interest and for further directing OP to pay Rs 80,000/- as compensation on account of mental tension, harassment and inconvenience and Rs 12,000/- as cost of litigation.

 2                                                   Briefly stated, the case of the complainant is that complainant is having  account bearing no. 14141000067618 with OP and cheque book and pass book from OP Bank are issued to her. It is submitted that on 9.02.2015, balance of Rs 25,000/- was available in the account of complainant and on 18.02.2015, complainant issued a cheque no. 168445 to Mr Nirmal Singh Sadhanwalia, which was dishonoured by OP on 26.05.2015 for insufficient funds, though requisite fund was available in the credit of complainant. On enquiry, complainant found that OP Bank illegally deducted Rs 5,112.38 from the account of complainant without her consent and due to this act of OP, cheque of complainant was dishonoured and complainant had to face legal proceedings u/s 138 of Negotiable Instrument Act. Ld counsel for complainant contended that OP had no right to deduct such high level charges from the account of complainant without her consent and moreover, at the time of opening of account, OP did not disclose regarding such charges. All this amounts to deficiency in service and trade mal practice on the part of OP; and this act and conduct of OP has caused much harassment and mental tension to complainant for which she has prayed for compensation to the tune of Rs 80,000/- and Rs 12,000/-as litigation expenses. Hence, the present complaint.

3                                                The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 18.03.2015, complaint was admitted and notice was ordered to be issued to the opposite party.

  4                                              On receipt of the notice, the opposite party filed written statement taking preliminary objections that complainant has not come to the Forum with clean hands and has concealed material facts from the Forum. It is asserted that no cause of action arises against OP and complainant has no locus standi to file the present complaint.  Counsel for OP asserted that as per terms and conditions for opening account with OP, minimum balance amount should not be less than Rs 5000/- in the customer’s account, but as per account statement of complainant, complainant did not comply with the said conditions and due to this reason sum of Rs 5,112.38 was deducted from the account of complainant.  Op received notice dt 5.03.2015 from complainant and as per her request, charges deducted were credited in her account on 13.03.2015 and as per telephonic message on 11.03.2015, she assured OP that she would maintain her account in future and entry was reversed. On 13.03.2015, OP also informed complainant through registered post at her address at village Kikkar Khera, Tehsil Abohar, which was received back and same was sent again on 21.03.2015 through registered post at her address at Harindera Nagar, Faridkot. OP informed complainant well in time before filing of the complaint and complainant has filed this complaint only to extract money from OP and to harass the OP. However, on merits, OP has denied all the allegations levelled by complainant being incorrect and wrong and reiterated that there is no deficiency in service on the part of answering opposite party. All other allegations and allegation with regard to relief sought too were refuted with a prayer that complaint may be dismissed with costs against the answering opposite party.

   5                                              Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them.  The complainant tendered in evidence her affidavit Ex.C-1 and documents Ex C-2 to C-7 and then, closed the evidence.

6                                                  In order to rebut the evidence of the complainant, Counsel for OP tendered in evidence affidavit of Sh Shailesh Verma, Manager, HDFC Bank, Faridkot as Ex. OP-1 and documents Ex OP-2 and  Ex OP-7 and then, closed the evidence.

7                                                            We have heard learned counsel for parties and have very carefully perused the affidavits & documents placed on the file by complainant as well as opposite party.

8                                                    Ld Counsel for complainant argued that complainant is the consumer of OP. She has a Bank account with OP Bank at their Branch Office, Faridkot and cheque book and pass book have also been issued to complainant by the Bank. On 9.02.2012, there was a balance of Rs 25,000/- in the account of complainant. Complainant issued a cheque to Sh Nirmal Singh Sadhanwalia on 18.02.2015 and the same was dishonoured by the OP on 26.02.2015 due to insufficient funds in the account of complainant. Complainant made enquiry and found that amount of Rs 5112.38 was deducted from her account without her consent by the OP illegally. Due to this illegal act of the OP Bank, her cheque was dishonoured and complainant had to face proceedings under Section 138 of Negotiable Instrument Act. This amount was deducted by the Bank on 10.02.2015 and 11.02.2015 and no information regarding this was given to complainant. Complainant produced copy of account statement Ex C-2 and memo of OP dt 26.02.2015 vide which they dishonoured the cheque of complainant as Ex C-3. Copy of notice under Section 138 dt 3.03.2015 issued by Nirmal Singh Sadhanwalia to the complainant as Ex C-5. Counsel for complainant argued that all this act of OP Bank is a clear cut deficiency in service on the part of OP and OP is at fault and has done unfair trade practice by illegally deducting the amount from the account of the complainant, for which OP Bank has no right to deduct. Complainant issued legal notice but OP did not give any reply of that notice. Due to this illegal act of deduction of amount from the account of complainant by the OP, complainant has to suffer unnecessary harassment and loss of reputation and it indulged the complainant in proceedings under Section 138 of Negotiable Instrument Act and therefore, complainant has prayed for accepting the complaint and has also prayed for compensation as mentioned in the complaint. In support of her case, complainant has produced case law in case titled as Canara Bank Vs S Vasudharini 2014 (II) Consumer Protection Judgment 649 (NC) wherein our Hon’ble National Commission held that Consumer Protection Act, 1986 – Sections 2 (1) (g), 21 (b) – Banking and Financial Institutions Services –Fraudulent transaction – Bank unilaterally debited amount without any written communication – Deficiency in service

 9                                                                 To controvert the arguments of complainant, counsel for OP argued that complainant has not come to the Forum with clean hands and no cause of action arises against OP to file the present complaint. As per terms and conditions of the Bank, a customer has to maintain a minimum balance of Rs 5,000/-in the account. The complainant failed to maintain the minimum balance in her account as per terms and conditions of Bank. As such amount of Rs 5,112.38 was deducted from her account and OP has every right to deduct this amount from the account of the complainant and they had not done any illegal act. OP received notice dt 5.03.2015 from the complainant and on request of complainant OP credited this amount in the account of complainant on 13.03.2015 and complainant was duly informed regarding it vide letter dt 13.03.2015 on the address of complainant at village Kikkar Khera, but this letter was not received by the complainant and same was received back by OP and on 21.03.2015 OP again sent the said letter to her on her address at Faridkot. The OP credited the said amount in the account of complainant even prior to the filing of present complaint by her and this complaint is filed with malafide intention to extract money from the OP and prayed for dismissal of complaint with costs.

10                                                       We  have  heard  the  arguments  on  behalf  of  both   the  parties  and  have  also  carefully  perused  the  pleadings  and  evidence  adduced         by  both  the  parties.  The  statement  of  account  produced  by  ld  Counsel  for  complainant  Ex C-2 shows that the amount of Rs 5,112.38  paise was deducted on 10.02.2015 and 11.02.2015 from the account of complainant without her consent and without any prior intimation to her. We are of the considered opinion that this act of OP Bank is illegal as OP had no right to deduct this amount from the account of complainant without her consent or intimation and this act of OP amounts to deficiency in service and unfair trade practice. Hence, in these circumstances, present complaint is hereby allowed. The amount of Rs 5,112.38 which was deducted by the OP Bank from the account of complainant, has already been refunded by OP Bank to the account of complainant on 13.03.2015. However, OP Bank is liable for deficiency in service and trade mal practice. As such, complainant is entitled for compensation for harassment and mental agony suffered by her. Therefore, OP Bank is ordered to pay Rs 5000/- to complainant on account of compensation for harassment and mental agony and Rs 2000/-for litigation expenses. OP Bank is directed to comply with the order within one month from the date of receipt of the copy of the order, failing which, complainant is entitled to proceed against OP Bank under Section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in open Forum:

Dated: 2.07.2015

 

Member              Member              President

(Parampal Kaur)     (P Singla)     (Ajit Aggarwal)