Order No. 13 dt. 06/11/2019
The case of the complainant in brief is that the complainant runs a business of ornaments and jewelries under the name and style of ‘M/s Anant Jewels’. The complainant opened a current account with o.p. bank at Burrabazar Branch. When the complainant obtained the statement of account during the period between 1.1.18 and 29.9.18, he found that within 8 months the amount of Rs.3995.28 was debited as cash deposit charge and further Rs.719.15 was debited as GST charge. Again on 28.8.18 o.p. bank debited an amount of Rs.10,379/- as cash deposit charge and Rs.1868.27 as GST charge. The complainant further mentioned in the petition of complaint that on 20.9.18 o.p. bank debited an amount of Rs.38,460/- as cash deposit charge and Rs.6922/- as GST charge. After coming to know of the said illegal deduction from the account of the complainant by o.p. bank, the complainant contacted the Branch Manager and he was assured that the amount was deducted due to mistake and the said amount would be reverted to his account. After receiving the complaint from the complainant on 12.9.18, o.p. bank reverted the amount of Rs.3999.28 on 21.8.18. Seeing such illegal acts on the part of o.p. bank the complainant sent a lawyer’s notice and a reply was given by the bank stating that they shall update with relevant details by 11.10.18. In spite of the said assurance no step was taken by the bank. The complainant has further stated that in spite of having the amount in the said account of the complainant, o.p. bank again on 15.11.18 deducted an amount of Rs.4657.77 as cash deposit charge and Rs.838.40 as GST charge. The complainant has categorically stated that the complainant issued a cheque to his lawyer amounting to Rs.15,500/-, but the said amount was not credited in the account of the lawyer, since the cheque was dishonoured due to insufficient fund. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to revert the amount of Rs.63,844/- as well as compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant opened the account in the name of ‘M/s Anant Jewels’ with o.p. bank on 31.1.18 under the name / category of Edge Business basis application and request from the complainant and on the terms and conditions contained in the account opening documents (including the schedule of charges) which were duly accepted and agreed to by the complainant. As per YES Bank’s schedule of charges for Edge Business Accounts as applicable the, an average quarterly balance of INR 25,000/- was to be maintained in the account. Further, the free limit for cash deposit was higher of the three (subject to maximum of INR 25 lacs) – (i) minimum INR 5 lacs; or (ii) 8 times of current months Average Monthly Balance (AMB); or (iii) 8 times of previous months AMB whichever is higher. The account holder had duly acknowledged and accepted these charges. The customer had breached the requirement of availing the free limits for cash deposit and hence cash deposit charges were levied from the said account as per agreed and accepted schedule of charges. Thus there is no unusual or unlawful deduction of fund by o.ps. Subsequently the said account had been upgraded on the basis of request from the complainant on 4.9.18 to prime business account. As per YES bank’s schedule of charges for Prime Business Accounts’, an average quarterly balance of INR 1 lac is required to be maintained. Further, the free limit for cash deposit was on the higher of the three (subject to maximum of INR 100 lacs) – (i) minimum INR 10 lacs; or (ii) 10 times of current months Average Monthly Balance (AMB); or (iii) 10 times of previous months AMB whichever is higher. Even after the account was upgraded on the basis of request of the complainant, the complainant failed to meet the requisite limits and hence cash deposit charges were levied from the said account as per agreed and accepted schedule of charges. Thus all the deductions were as per the agreed terms and there was no wrongful deduction and the question of unusual or unlawful deduction of fund by o.ps. On the basis of the said fact o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant maintained the account with o.ps.?
- Whether the deductions made by o.p. bank was per the terms and conditions of the said account?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant runs a business of ornaments and jewelries under the name and style of ‘M/s Anant Jewels’. The complainant opened a current account with o.p. bank at Burrabazar Branch. When the complainant obtained the statement of account during the period between 1.1.18 and 29.9.18, he found that within 8 months the amount of Rs.3995.28 was debited as cash deposit charge and further Rs.719.15 was debited as GST charge. Again on 28.8.18 o.p. bank debited an amount of Rs.10,379/- as cash deposit charge and Rs.1868.27 as GST charge. The complainant further mentioned in the petition of complaint that on 20.9.18 o.p. bank debited an amount of Rs.38,460/- as cash deposit charge and Rs.6922/- as GST charge. After coming to know of the said illegal deduction from the account of the complainant by o.p. bank, the complainant contacted the Branch Manager and he was assured that the amount was deducted due to mistake and the said amount would be reverted to his account. After receiving the complaint from the complainant on 12.9.18, o.p. bank reverted the amount of Rs.3999.28 on 21.8.18. Seeing such illegal acts on the part of o.p. bank the complainant sent a lawyer’s notice and a reply was given by the bank stating that they shall update with relevant details by 11.10.18. In spite of the said assurance no step was taken by the bank. The complainant has further stated that in spite of having the amount in the said account of the complainant, o.p. bank again on 15.11.18 deducted an amount of Rs.4657.77 as cash deposit charge and Rs.838.40 as GST charge. The complainant has categorically stated that the complainant issued a cheque to his lawyer amounting to Rs.15,500/-, but the said amount was not credited in the account of the lawyer, since the cheque was dishonoured due to insufficient fund. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to revert the amount of Rs.63,844/- as well as compensation and litigation cost.
Ld. lawyer for the o.ps. argued that the complainant opened the account in the name of ‘M/s Anant Jewels’ with o.p. bank on 31.1.18 under the name / category of Edge Business basis application and request from the complainant and on the terms and conditions contained in the account opening documents (including the schedule of charges) which were duly accepted and agreed to by the complainant. As per YES Bank’s schedule of charges for Edge Business Accounts as applicable the, an average quarterly balance of INR 25,000/- was to be maintained in the account. Further, the free limit for cash deposit was higher of the three (subject to maximum of INR 25 lacs) – (i) minimum INR 5 lacs; or (ii) 8 times of current months Average Monthly Balance (AMB); or (iii) 8 times of previous months AMB whichever is higher. The account holder had duly acknowledged and accepted these charges. The customer had breached the requirement of availing the free limits for cash deposit and hence cash deposit charges were levied from the said account as per agreed and accepted schedule of charges. Thus there is no unusual or unlawful deduction of fund by o.ps. Subsequently the said account had been upgraded on the basis of request from the complainant on 4.9.18 to prime business account. As per YES bank’s schedule of charges for Prime Business Accounts’, an average quarterly balance of INR 1 lac is required to be maintained. Further, the free limit for cash deposit was on the higher of the three (subject to maximum of INR 100 lacs) – (i) minimum INR 10 lacs; or (ii) 10 times of current months Average Monthly Balance (AMB); or (iii) 10 times of previous months AMB whichever is higher. Even after the account was upgraded basis request of the complainant, the complainant failed to meet the requisite limits and hence cash deposit charges were levied from the said account as per agreed and accepted schedule of charges. Thus all the deductions were as per the agreed terms and there was no wrongful deduction and the question of unusual or unlawful deduction of fund by o.ps. On the basis of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that he complainant opened an account in the name and style of ‘M/s Anant Jewels’ with o.p. bank. It has been alleged by the complainant that after obtaining the statement of account he noticed that during the period from 1.1.18 to 29.9.18 an amount of Rs.3995.28 was debited from his account towards cash deposit charge and further an amount of Rs.719.15 was debited as GST charge against the said cash deposit charge. Again the amount was debited from the account of the complainant from time to time which has been category stated by the complainant in the complaint petition. It has been alleged by o.p. bank that that the cash deposit charges were levied in the said account under the categorically of Edge business basis application and as per the terms and conditions contained in the account opening documents (including the schedule of charges) which were duly accepted and agreed to by the complainant. In support of the said contention o.ps. filed annex-A whereby it has been categorically stated that what would be the charges levied by o.p. bank in case of violation of the terms and conditions as mentioned in the application form at the time of opening of the account and it was in the knowledge of the complainant that in case of violation of the terms and conditions of the opening of the account o.p. bank will be at liberty to realize the charges from the account holder.
It appears from the statement of account submitted by the complainant that the complainant though maintained the Edge business account an average quarterly balance of INR 25,000/- was to be maintained in the account. Further the free limit for cash deposit was higher of the three (subject to maximum of INR 25 lacs) – (i) minimum INR 5 lacs; or (ii) 8 times of current months Average Monthly Balance (AMB); or (iii) 8 times of previous months AMB whichever is higher. It appears from the materials on record that the complainant failed to maintain the required amount in his account, therefore those charges were deducted from the account of the complainant.
It is an admitted fact that the complainant on his request the account was upgraded to prime business account whereby it was in full knowledge of the complainant that an average quarterly balance of INR I lac was required to be maintained and further conditions were also in the knowledge of the complainant. Even after the account was upgraded on the basis of the request of the complainant, he failed to meet the requisite limits. Hence the cash deposit charges were levied. It is also found from the materials on record that o.p. bank waived the charges once and the amount was reverted to the account of the complainant and the said reversion was made on the request of the complainant with the undertaking that he would maintain the balance as per the requirement of the bank, but the complainant failed to honour the undertaking given by him to the complainant. As a result of which o.p. bank had no other alternative, but to levied the charges from the account of the complainant. So far as the cheque issued by the complainant to the lawyer is concerned the said cheque was not honoured because of insufficient fund, since the account was hold marked against the cash deposit charges amounting to INR 42,966.47 for the month of Sept. 2018. The complainant had issued the cheque in spite of knowing fully well that the cheque would not be honoured since the request of the complainant by o.p. bank was rejected for reversal of such charges to o.ps. Having regard to the facts and circumstances of the case we hold that o.p. bank deducted the amount from the account of the complainant as per the terms and conditions in respect of the account maintained by the complainant to o.p. bank and thereby, we hold that there is no deficiency in service or unfair trade practice on the part of o.ps. and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.328/2018 is dismissed on contest without cost against the o.ps.
