Delhi

North East

CC/314/2017

Jaswinder Singh - Complainant(s)

Versus

State Bank Of India - Opp.Party(s)

24 Jul 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 314/17

 

In the matter of:

 

	Jasvinder Singh S/o Atma Singh R/o D-26/1, New Govind Pura, Gali No.8 Delhi-110051.	Complainant
	Versus
	State Bank of India Swasthya Vihar, New Rajdhani Enclave Delhi- 110092.	Opposite Party

 

DATE OF INSTITUTION:     JUDGMENT RESERVED ON:               DATE OF DECISION :

03.11.2017 24.07.2019 24.07.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Shorn of unnecessary details, grievance of the complainant as made out in the present complaint are that the complainant, being a savings account holder of OP bank vide account no. 10137401651 had visited the concerned Swasthya Vihar, Delhi branch of OP on 15.12.2016 to withdraw 19,000/- vide a self cheque no. 364047 but the said cheque was not cleared by the OP officials on the pretext that the cheque book was old and invalid and the complainant was advised to apply for a new cheque book for which no charge would be levied though contrary information was provided to the complainant on 16.12.2016 from OP helpline regarding validity of the cheque book in question. Nonetheless, the complainant visited the OP bank on 17.12.2016 but the OP refused to accept the said cheque book without payment of Rs. 265/-. The complainant registered a written complaint to the OP vide letter dated 17.12.2016 and 27.12.2016 to the Chief Manager of OP at its Head Office. The OP vide reply dated 09.01.2017 to the complainant informed the complainant that no cheque book fees shall be deducted from his account and advised him to visit the concerned branch to collect his cheque book since his earlier cheque book was not CTC-2010 standard compliant. Previously before this complaint, the complainant had filed an earlier complaint against OP vide complaint no. 50/2017 before this Forum which was compromised before the mediation cell as per statement recorded by complainant dated 15.04.2017 on the letter head of OP wherein the complainant had withdrawn the said complaint on 08.07.2017 in lieu of OP giving a new cheque book without any fees/charge and a cheque no. 293547 dated 25.04.2017 drawn on SBI for a sum of Rs. 8,000/- as compensation which was cleared and both the parties had settled the case before this Forum in National Lok Adalat held on 08.07.2017. However, subsequently when the complainant again applied for a new cheque book on 10.07.2017 in OP office, the OP deducted Rs. 265/- from the complainant’s account. The complainant objected to the same vide written complaint to OP dated 06.08.2017 and 23.08.2017 to its Branch Office and Head Office seeking refund of Rs. 265/- in reply to which, OP vide response dated 30.08.2017 apprised the complainant that the said sum of 265/- was levied as per Circular and Rule laid out therein which he was already apprised of when he had visited the OP branch and the same is therefore non refundable. Therefore, the complainant was constrained to file the present complaint before this Forum for issuance of directions against OP to refund Rs. 265/- which was wrongfully deducted from his savings account in addition to payment of compensation of  Rs. 50,000/- for mental harassment and Rs. 10,000/- towards litigation expenses.

Complainant has attached copy of self cheque no. 364047 dated 15.12.2016 of Rs. 19,000/- declined clearance by OP, copy of passbook entry of saving account highlighting cash withdrawal by voucher for the said amount, copy of complaints dated 17.12.2016 and 27.12.2016 to OP, copy of response dated 09.01.2017 with proof of dispatch by OP, copy of settlement letter dated 15.04.2017 signed by complainant on OP letter head, copy of chequeno. 293547 dated 25.04.2017 given by OP to the complainant as settlement cheque for sum of Rs. 8,000/-, copy of settlement order dated 08.07.2017 before National Lok Adalat in case no. 50/2017, copy of passbook entry dated 10.07.2017 of debit of Rs. 265/- for MCC issue (cheque book), copy of complaint dated 06.08.2017 and 23.08.2017 by complainant to OP against debit of Rs. 265/- asking for reversal of the same in his account, copy of response by OP dated 30.08.2017 to complainant with proof of dispatch express its inability to refund in light of E-Circular.

2. Notice was issued to the OP on 08.11.2017. OP entered appearance and filed written statement. The OP took the preliminary objection that the complainant’s previous cheque book containing cheque no. 364047 was a non CTS-2010 standard compliant cheque book and therefore as per RBI instructions, new CTS-2010 cheque book was issued to him in January 2017 for which no charges were taken by OP bank and denied having deducted Rs. 265/- on 17.12.2016 from complainant’s account for the same. OP submitted that prior to new E- Circular dated 01.04.2017, the complainant was issued first cheque book vide letter dated 09.01.2017 free of cost as per bank schedule. However, on 01.04.2017, E-circular made revision in service charges w.e.f. 01.04.2017 and as per circular, first 25 cheque leaves are free in a financial year and thereafter 10 leaf cheque book at Rs. 30 + GST (01.07.2017 onwards), 25 leaf cheque book at Rs. 75 + GST, 50 leaf cheque book at Rs. 150/- + GST are levied and therefore Rs. 265/- was charged from the complainant for the new cheque book as per circular and OP objected to complainant taking undue advantage of earlier settlement between them before introduction of new guidelines regarding new cheque book charges. OP lastly took the defence that it is maintaining its banking norms and rules and levy charges as per circulars and directives of RBI and therefore its letter dated 09.01.2017 (relied upon by complainant) became redundant after the new circular came into force on 01.04.2017 and therefore prayed for dismissal of complaint. The OP filed copy of e-circular no. NBG/BOD-GB/1/2017-18 issued on Saturday, April 01, 2017 to all branches / offices alongwith annexure A revision in service charges with respect to multicity cheque books for savings bank account and charges levied thereon.
3. Rejoinder and affidavit of evidence was filed by the complainant in reiteration against the grievance of OP.
4. Evidence by way of affidavit was filed by OP exhibiting letter dated 09.01.2017 and e-circular dated 01.04.2017.
5. Written arguments were filed by both the parties re-emphasizing their respective rival contention.
6. On directions passed by this Forum for OP to file the calculation sheet to justify the basis for deduction of Rs. 265/- for requisition the 100 leaflet cheque book to the complainant since the written statement was silent on the charges for the same, OP vide affidavit sworn by its Assistant Manager placed on record the calculation of charges levied for the cheque book in question @ of first 25 cheque leaves free of cost and for the rest 75 cheque leaves priced at Rs. 3 each, amount of Rs. 225/- + Rs. 40 (GST) amounting to Rs. 265/-.
7. We have heard the arguments advanced by both the parties and have carefully perused the documentary evidence placed on record.

To the specific query put by this Forum to the OP regarding settlement in previous complaint case 50 /2017 with complainant and non levy of fees for issuance of cheque book in January – April 2017 when the said circular was already in operation, the counsel for OP submitted that the said circular was to take effect prospectively and therefore for the previous cheque book applied for by the complainant in January 2017, no charges were levied as per letter dated 09.01.2017 and for the subsequent cheque book applied for by the complainant on 10.07.2017, in view of the new e-circular in force and the service charges applicable, Rs. 265/- were deducted from his account justifiably and as per law.

After appreciating the documentary evidence and rival contentions, we are of the considered opinion that in view of clear E-circular guidelines coming in to effect from 01.04.2017 revisiting/revising service charges approved by the Competent Authority with respect to issuance of multicity cheque book and charges levied thereon brought about/ explain clearly by OP by way of affidavit, the present complaint is devoid of merits and substance and we therefore dismiss the same with no order as to costs.

 

8.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
9.   File be consigned to record room.
10.   Announced on  24.07.2019

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member