Punjab

Sangrur

CC/461/2018

Jarnail Singh - Complainant(s)

Versus

Oriental Bank of Commerce - Opp.Party(s)

Sh.Sushil Kumar Attri

11 Mar 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

         

                   

                                                                   Complaint no. 461                                                                                       

                                                                   Instituted on:  12.11.2018                                                                                           

                                                                  Decided on:    11.03.2019

 

 

Jarnail Singh son of Shri Ram Singh resident of Parmanand Basti, Sunam, Tehsil Sunam, District Sangrur.

                                                …. Complainant.      

Versus

 

 

Oriental Bank of Commerce Branch Office, Jakhal Road, Sunam, District Sangrur through its Branch Manager.

                                                  ….Opposite party.

 

 

FOR THE COMPLAINANT:       Shri Sushil Kumar Attri, Advocate                          

 

FOR THE OPP. PARTIES   :          Exparte

 

 

 

Quorum

                            

Vinod Kumar Gulati, Presiding Member

Manisha,  Member

 

 

 

ORDER:  

 

 

Vinod Kumar Gulati, Presiding Member

 

1.             Jarnail Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he  had opened a dedicated account with OP  bank bearing account number 52461131001138 on 05.03.2012 with a minimum balance of Rs.3000/- .  From the date of opening of the account till today balance never remained below Rs.3000/- but on 08.05.2017 the OP deducted Rs.80/- as incidental charges  and service charges to the tune of Rs.12/- on 31.03.2017. On 08.05.2017 the OP deducted the amount of Rs.350/-. the OP also deducted  Rs.118/-  on account of proton card. On 14.03.2017 an amount of Rs.3205/-  was balance in the bank account of the complainant but by deducting  the above said amount said account showed Rs.2637Ps as balance amount as on 31.03.2018.  In this way the OP had withdrawn about Rs.3178/-  from 31.03.2017 to 31.03.2018.  On 5.4.2018 Pungrain MIIBAL  deposited Rs.3306/-  in the account of the complainant but the OP gain deducted  an amount of Rs.350/-  and CGST, SGST from the said account. On 26.08.2018 Pungrain again deposited an amount of Rs.13024/-  and OP again deducted  an amount of Rs.350/- . On 13.08.2018  the OP also deducted  an amount of Rs.32/-  as  CGST, SGST. In this way, OP had deducted about Rs.7000/- from the account of the complainant. The above said withdrawal of amount is without any substance without any foundation and without any lawful justification. The said account is only used for depot holder and not generated any income. The complainant gained Rs.16330/- only in two years which amount to Rs.8000/- per year and about Rs.650/- per month. In this way the income of the complainant is much below Rs.20,000/- per year. Therefore the account of the complainant is not liable to any CGST, SGST or service Tax. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

 

i)      OPs be directed to deposit the above said amount which is legally withdrawn by the bank alongwith interest @18% per annum from the date of deduction till realization,

 

ii)     OPs be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment and  Rs.11000/- as litigation expenses.

2.             Notice was sent to the OP but none has appeared for the OP despite service. As such OP was proceeded exparte.

 

3.             The complainant has tendered documents Ex.C-1 to Ex.C-6 and closed evidence.

 

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that  the case of the complainant is that he  had opened a dedicated account with OP  bank bearing account number 52461131001138 on 05.03.2012 with a minimum balance of Rs.3000/- . It has been averred by the complainant that from the date of opening of the account till today balance never remained below Rs.3000/- but on 08.05.2017 the OP deducted Rs.80/- as incidental charges  and service charges to the tune of Rs.12/- on 31.03.2017. On 08.05.2017 the OP deducted the amount of Rs.350/-. the OP also deducted  Rs.118/-  on account of proton card. On 14.03.2017 an amount of Rs.3205/-  was balance in the bank account of the complainant but by deducting  the above said amount said account showed Rs.2637Ps as balance amount as on 31.03.2018.  In this way the OP had withdrawn about Rs.3178/- from 31.03.2017 to 31.03.2018.  On 5.4.2018 Pungrain MIIBAL  deposited Rs.3306/-  in the account of the complainant but the OP again deducted  an amount of Rs.350/-  and CGST, SGST from the said account. On 26.08.2018 Pungrain again deposited an amount of Rs.13024/-  and OP again deducted  an amount of Rs.350/- . On 13.08.2018  the OP also deducted  an amount of Rs.32/-  as  CGST, SGST. In this way, OP had deducted about Rs.7000/- from the account of the complainant. The above said withdrawal of amount is without any substance without any foundation and without any lawful justification. It has been further stated by the complainant that the said account is only used for depot holder and not generated any income. Further, the complainant has stated that the complainant gained Rs.16330/- only in two years which amount to Rs.8000/- per year and about Rs.650/- per month. In this way the income of the complainant is much below Rs.20,000/- per year. Therefore, the account of the complainant is not liable to any CGST, SGST or service Tax. In support of his case the complainant has produced on record copy of bank pass book Ex.C-2 showing the entries of alleged illegal deductions by the OP. Surprisingly, the OP has not come forward to contest the case of the complainant rather they chosen to remain ex-parte. As such the evidence produced by the complainant has gone unrebutted on record.

 

5.             For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.7000/- which was illegally deducted by the OP from time to time alongwith interest @9% per annum from the date of filing of the complaint till realization. We further order the OPs to pay to the complainant an amount of Rs.5000/- on account mental pain, agony and harassment and Rs.5000/- as litigation expenses.       

6.             This order of ours shall be complied with within 45 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                March 11, 2019

 

 

 

                          (Manisha)      (Vinod Kumar Gulati)                                                                                                                                                                                                                           Member                                          Presiding Member