DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.74/2015
Sh. Paritosh Kapil
R/o 1031, Near Durga Ashram
Chhattarpur, New Delhi ….Complainant
Versus
Oriental Bank of Commerce
Saket Cultural Club
Opp Anupam Cinema, Saket
New Delhi …...Opposite Party
Date of Institution : 16.03.2015
Date of Order : 05.12.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
Complainant’s case, in brief, is that complainant opened, as zero balance account bearing No.12032191021781 on 15.02.2013 with the OP at Prem Nagar, Ambala City Branch and no amount was deposited at the time of opening account due to banking policy, that any person can open an account with zero balance. On 13.03.14 complainant had transferred his bank account from Ambala City to Saket New Delhi and deposited Rs.1500/-. Complainant got the print of the passbook, which shows balance of Rs.1045/- on 15.03.14. On 02.03.15 the complainant again deposited Rs.4,000/- and balance was Rs.4552/-, after so many deductions shows in the passbook, that minimum balance charges were deducted from his account. Complainant personally consulted the Manager of OP who had informed him that it was statutory deductions as the minimum balance was less than Rs.1000/- but on 15.03.14 in his account the balance was available Rs.1045/- despite repeated requests made orally by the complainant, the OP had not given any proper reply. Hence, pleading deficiency in service on the part of the OP the complaint has been filed with the following prayers:
- Direct the OP to pay Rs.50,000/- to the complainant from the date of filing of the complaint.
- Direct the OP to pay Rs. 40,000/- being claimed as compensation for harassment and mental agony.
- Direct the OP to pay Rs.10,000/- as litigation charges to the complainant.
OP has been proceeded exparte vide order dated 02.09.2015.
Complainant has filed his own affidavit and also written arguments.
We have heard the complainant in person and have also gone through the file very carefully.
The complainant filed a cash deposit receipt dated 13.03.14 (Ex. CW-1/A) wherein he has deposited Rs.1500/- with the OP bank. The Ex. CW-1/B shows that on 22.03.14 there was balance of Rs.1075/- in his account and on 02.03.15 the balance was Rs.4552/.
The averments made in the complaint and evidence led by the complainant have remained controverted and unchallenged. Hence, there is no reason to disbelieve version of the complainant. The OP has the knowledge of filing the complaint by the complainant as the notice was duly served upon the OP.
It is clear from the record that the complainant’s account was transferred from Ambala City to Delhi, Saket Branch. From the perusal of Ex. CW1/B it shows that there was balance B/F Rs. Zero and cash deposit was Rs.1500/- on 13.03.14. On 22.03.14 various transactions were shown and the balance was Rs.997/- and again transactions was shown and on 02.03.15 the amount was Rs.552/-. The complainant deposited cash Rs.4000/- on 02.03.15 and balance was Rs.4552/-. It is evident from the passbook that the balance was carry forward from Rs. Zero from Amala to Delhi Branch. It is clear that the OP had opened the account as zero balance and deductions made by the OP on various dates amounts to unfair trade practice on the part of the OP.
Keeping in view the above facts discussed hereinabove, we allow this complaint and direct the OP to pay sum of Rs.5000/- in lumpsum to the complainant including cost of litigation within 30 days of receipt of copy this order, failing which the OP shall become liable to pay interest @ 6% p.a. on the amount of Rs.5000/- from the date of filing of complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 05.12.2018
