Smt. Shampa Ghosh, Hon’ble Member:-
The content of the complaint petition is that the complainants are the Account holder of the OPs, Punjab National Bank (formerly United Bank of India), Baruipur Chowdhury Bazar Branch, Kolkata – 700 144, having its joint saving Bank A/C No.0300010146650. After takeover of UBI by the OP Bank, Punjab National Bank, complainants visited and approached the OP Bank to know about their above mentioned Bank Account after taking over by the PNB, OP informed verbally that the complainants A/C is under “Dormant” condition and unless they submit KYC, account will not be operable, but prior to their visit in this regard no intimation was served over phone or through the letter to the complainants about dormant condition of the afore-mentioned joint account as per regulations of RBI. Complainants applied for the Statement of A/C on 22.04.2021 after submitting the KYC on 07.04.2021 to the OP Bank. After receiving the Statement of A/C., complainants found that the OP Bank deducted an “Inactive Charge” since 01.10.2015 onwards till date of submission of KYC at an interval of every three months without any intimation. The complainant was not informed about the dormant condition earlier. Complainants also stated that OPs Bank deducted money as ‘To _USY’ on 13.07.2021 onwards. Complainant lodged a complainant to the OPs on 15.12.2021. OP Bank did not give any reply. Finally on 18.09.2023 another letter in the form of notice was given to the OP but the OPs did not reply till today. Finding no other alternative the complainant filed the instant complainant case before the Commission on the reliefs sought for in the petition of complaint.
OP 1 & 2 did not come forward to contest the case by filing W/V. As such, by Order No.4 dated 23.02.2024 the instant complaint case was declared to be proceeded ex-parte against the OP Nos. 1 & 2.
Points for consideration :-
- Are the complainants consumers?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get relief as prayed for?
Decisions with reasons :-
All the point are taken up together for comprehensive discussion :-
On perusal of the case record along with the copies of documents, it appears that the complainants have a Joint Saving A/C. in the OPs Bank, Punjab National Bank (formerly United Bank of India) being A/C No:10300010146650.
Hence, the complainants are the consumers as defined U/S 2(7) of the Consumer Protection Act, 2019 and the O.P. No.1 Bank is the service provider.
It is clear from the above averments of the complainants that the complainants have a Joint Saving Bank Accounts in the OPs Bank since 12.06.1996 under UBI. That after takeover of UBI by PNB the complainants visited the OP Bank and the Bank verbally informed that the complainants’ A/C is under dormant condition and unless the complainants submit KYC A/Cs will not be active. After submitting KYC, complainants came to know from the Bank Statement of the OP Bank deducted ‘Inactive Charge’ since dated 01.10.2015 onwards. But intimation was served over phone or through letter to the A/C holders. Furthermore, the OPs Bank deducting money as ‘To_ USY’ from dated 13.07.2021 and onwards that continues till now. In India all banks follows the guidelines framed from time to time by Reserve Bank of India. According to RBI Guideline, if an A/C is deemed inoperative, the Banks are not allowed to impose penalties for failing to maintain the required minimum accounts. No charges will be levied by Bank for non-operation of inoperative Savings Bank Deposit Accounts. The bank accounts in which there are no operations for more than 1 year the Bank must notify the Account holder in writing by letter, e-mails or SMS (if the e-mail and mobile phone are registered with the Bank). The alert messages will become inoperative after a year if no activities are made and in that event, the Accounts user will need to reactive the A/C by submitting new KYC documentations.
So it is clear from the above averments no intimation was served through letter, e-mail or SMS to the complainants about the dormant conditions of the mentioned savings Account. It is clear that the OPs violated the RBI Guidelines and without the consent of the complainants, deducted money ‘To_USY’ is unfair trade practice. The complainants failed to get proper service from the OPs. OPs are guilty of deficiency in service and unfair trade practice, on the other hand, the complainant was harassed by the OPs by various ways. Therefore, the complainants are entitled to get relief as prayed for.
Therefore, all the points are decided in favour of the complainants and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
that the instant complaint case be and the same is hereby allowed ex-parte against the OP No.1 and OP No.2 with cost of Rs.10,000/- (Rupees Ten Thousand).
OPs and jointly and severally liable and are directed to refund entire amount deducted as ‘In-operable Charges’ and refund the deducted money as “To_USY’ (13.07.2021 onwards) along with simple interest @10% per annum in the form of compensation till the date of final realization within 45 days from the date of passing of this order.
OPs and jointly and severally liable and are directed to pay the litigation cost of Rs.10,000/- (Rupees Ten Thousand) only within the 45 days from the date of passing of this order.
The complainant is at liberty to put the order into execution after expiry of 45 days in case the orders are not complied with by the OPs within the 60mdays from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
Member
