Punjab

Nawanshahr

CC/23/2018

Harbans Lal - Complainant(s)

Versus

M/S Indusind Bank Ltd - Opp.Party(s)

In Person

24 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES   REDRESSAL FORUM, SHAHEED BHAGAT SINGH NAGAR

 

Consumer Complaint No.   23 of 28.05.2018

Date of Decision            :  24.04.2019

 

Harbans Lal S/o Darshan Ram aged about 39 years Adhaar No.397400017321 R/o Village Jasso Mazara Tehsil Banga District SBS Nagar.

….. Complainant

Versus

1. M/s Indusind Bank Limited Company, Registered under the Companies Act 1956, Head Office at New No.34, Old No.115, 116, G.N. Road, T.Nagar, Chennai – 600 017 through its Manager.
2. Indusind Bank Ground Floor, Shop No.1&2 Village Chak Mai Dass, Block & Tehsil Banga, District SBS Nagar through its Manager.

…Opposite parties

 

(Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.KANWALJEET SINGH, MEMBER

COUNSEL FOR THE PARTIES:

For complainant            :         In person

For OPs                         :         Sh.Rajinder Singh, Advocate

 

Per KULJIT SINGH, PRESIDENT

 

1. The complainant-Harbans Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the OPs alleging that he opened an account bearing No.100037311316 INR 0786 with OP-2-Bank, having head office at Chennai i.e. OP-1.  At the time of opening of account, he was orally told that there will no charges for using the debit card, by Manager of said bank.  On 19.05.2017 OP-2 deducted an amount of Rs.5750/- for using the debit card. When, it come to his knowledge, he made request No.051537348 dated 22.05.2017 to OP-2 and on request of complainant OP-2 credited an amount of Rs.4,000/- on 01.05.2018 after a lapse of one year without paying any interest on said amount.  Again, OP-2 advised the complainant to continue using debit card and complainant again used the same on 27.07.2017 and made payment of Rs.500/- to M/s Jaswal Petroleum Phagwara through his debit card.  On 21.05.2018, OP-2 deducted an amount of Rs.1768/- from account of complainant for using debit card.  In this way, OP-2 deducted an amount of Rs.3518/- from his account illegally.  It has been prayed that OP be directed to credit an amount of Rs.3518/- in account of complainant and also credit Rs.2,000/- as damages for harassment.
2. Upon notice OPs have appeared through counsel and filed joint written reply and contested the complaint of the complainant vehemently by raising preliminary objections that complainant was having account with OP-2 and opted for signature credit card and signed the application form for issuance of same.  Debit card application form clearly mentioned the fee of signature debit care as Rs.5,000/- for the first year plus tax and Rs.1499/- as annual fee plus tax and Rs.4,000/- worth welcome vouchers were provided to complainant.  So complainant rightly charged Rs.5,000/- alongwith taxes and the account of complainant was debited Rs.5750/- on 19.05.2017 and rightly charged Rs.1499/- alongwith taxes and account of complainant was debited Rs.1768/- on 21.05.2018.  OP No.2 never credited Rs.4,000/- in the account of complainant but complainant himself deposited Rs.4,000/- in his account in form of cash on 05.01.2018; complaint is a gross misuse of process of law; complaint is false and unsustainable; no cause of action has arisen in favour of complainant; there is no deficiency in service; complainant has not come to this Forum with clean hands and suppressed the material facts; the dispute in the present complaint is of civil nature and requires detailed evidence for proper adjudication by Civil Court. This Forum has no jurisdiction. Complainant has got no locus standi to file this complaint. On merits, the opening of account in question is not in dispute.  He has reproduced the same submission as of preliminary objections and prayed for dismissal of present complaint.    
3. To prove the case, the complainant has tendered in evidence copy of passbook Ex.CW1/A, copy of statement of account Ex.CW1/B (5 pages), copy of adhaar card Ex.CW1/C, copy of request number Ex.CW1/D, self declaration Ex.CW1/E and closed the evidence.  The counsel for OPs has tendered in evidence affidavit of Jagpreet Singh, Branch Manager Ex.OPA alongwith copies of documents i.e. Account opening form Ex.OP-1, Debit card application form Ex.OP-2, copy of voucher Ex.OP-3, statement of account Ex.OP-4, and closed the evidence.  
4. We have heard learned counsel for the parties and have also examined the record of the case very carefully.
5. Evidence of both the parties has been perused by us with the valuable assistance of the parties. The complainant has argued that OPs have illegally charged Rs.3518/- on different dates.  On the other hand OPs have argued that the said amount has been charged for issuance of voucher card of Visa Signature Chip.  But the complainant has submitted that he has not requested to the Ops for issuance of said Signature Visa card/voucher.  During, arguments the Ops have failed to produced the record/detail of said Vouchers issued by Ops and uses of the same.  By not producing the said record, the OPs are deficient in providing services to complainant.  As such, the OPs are liable to refund the amount illegally charged from complainant.
6. In the light of our above discussion, we partly accept the complaint of the complainant on account of deficiency in service and unfair trade practice adopted on the part of OPs. Therefore, the OPs are directed to refund the amount of Rs.3518/- charged from complainant and also directed to pay Rs.2,000/- as compensation. The OPs have no right to keep and misappropriate the public money.  It must go back to the public.  We, therefore, order that the OPs will deposit a sum of Rs.2,000/-, the estimate rough amount, with the legal aid account of this Forum.
7. The compliance of the above said order be made within 30 days from the date of receipt of copy of this order, failing which interest @9% P.A. will be payable till payment.
8. Let copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to record room.

Dated:  24.04.2019

   

Kanwaljeet Singh                            Kuljit Singh

                                      Member                                  President