BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.161 of 2016 Date of Institution : 01.7.2016
Date of Decision : 03.1.2017.
Surender Singh S/o Sh. Gurmail Singh, r/o #486, Parmarth Colony, Gali No.2, Begu Road, Sirsa-125055.
……Complainant.
Versus.
- Chief Executive Officer C/o Oriental Bank of Commerce Shah Satnam Ji Nagar, Sirsa- 125055
- Branch Manager, Oriental Bank of Commerce Shah Satnam Ji Nagar, Sirsa- 125055.
.…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SH.RANBIR SINGH PANGHAL ……….. ……MEMBER.
Present: Complainant in person.
Sh.R.K.Chaudhary, Advocate for opposite party No.2.
Opposite party no.1 given up.
ORDER
Case of complainant, in brief is that he is having saving account No. 0989219105818 in the branch of opposite party no.2 which was opened on 24.9.2013. Due to some reasons, he was unable to do transactions in the bank and he could not maintain the account and op bank started taking advantage of this fact and as a result of which when he visited the bank for getting closed the account, the bank shown an amount of Rs.934.18/- in minus without any detail. The opposite parties have acted against the guidelines of Reserve Bank of India by levying penal charges for non maintenance of minimum balance and have also not informed him about less balance through SMS/Email or letter. The Branch Manager also showed his ignorance about any notice in this regard and stated him to deposit Rs.934.18/- for closing the bank account and ops have caused deficiency in service towards him. Hence, this complaint.
2. On notice, opposite party no.2 replied that the complainant has concealed the true facts from this Forum. In fact, he has opened a Bank account under Unnat Deposit Scheme (SB-219) on 24.9.2013 in which he deposited a sum of Rs.1000/- on 25.9.2013. He withdrew a sum of Rs.500/- on 31.10.2013 and deposited a sum of Rs.1,000/- on 31.10.2013. On 6.11.2013, he withdrew a sum of Rs.500/-, on 8.11.2013 he withdrew a sum of Rs.200/-, on 11.11.2013 he withdrew a sum of Rs.500/- and on 19.11.2013 he again withdrew a sum of Rs.300/-, as such balance in the account became nil. On 4.1.2014, a sum of Rs.6/- was credited in his account as interest up to 31.12.2013 on the amounts remained credited in his account. As per the saving bank deposit schemes, the account SB Unnati (SBI-219) was a scheme for the general public and as per rules, the account holder was to maintain minimum balance of Rs.500/- in the account and in case of default, he was to pay Rs.15/- per month service charges. The computer system had been deducting a sum of Rs.15/- per month from his account due to his default to maintain minimum balance. There is no deficiency of service on the part of op. It is not duty of the Bank to inform the account holder regarding the balance in his account.
3. Opposite party no.1 was given up by the complainant.
4. The complainant has tendered his affidavit Ex.C1, letter of Reserve Bank of India dated 20.11.2014 Ex.C2, copy of pass book Ex.C3. On the other hand, op no.2 has tendered affidavit of Sh. R.K. Jallandhra, Chief Manager Ex.R1, schedule of service charges Ex.R2 and Ex.R2/A, deposit schemes Ex.R3, Ex.R3/A and statement of account Ex.R4.
5. At the time of arguments, learned counsel for op no.2 placed on file general rules of the Bank.
6. We have heard complainant and learned counsel for op no.2 and have gone through the case file carefully.
7. As per condition No.Vii of General Rules of the Bank, the customers are required to maintain requisite minimum balance in the account failing which charges as applicable are levied. Brochure on “Minimum information of Tariff Schedule and Services Rendered Free of Charge” can be obtained from the branch. The balance in the account of the complainant due to various withdrawal by the complainant as is evident from copy of pass book Ex.C3/ statement of account Ex.R4 became Zero on 19.11.2013. As per Schedule of Service Charges (General) Ex.R2/A, the minimum balance in the Savings Bank Account- Other (SB Unnati) in Rural/ Semi U/Urban branches should be Rs.500/- otherwise the account holder is to pay Rs.15/- per month. On 7.9.2015, the op-Bank has shown the amount of Rs.9.34.18/- in minus which is as per rules of the Bank and as per system for non maintenance of requisite minimum balance. It is also commonly known that an account holder has to maintain requisite minimum balance.
8. Keeping in view the facts and circumstances of the present case, we see no substance in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated: 03.01.2017. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
