Tamil Nadu

North Chennai

CC/52/2018

K.Amutha kumari - Complainant(s)

Versus

The Branch Manager Axis Bank - Opp.Party(s)

S.P.S.Buddan

27 Aug 2022

ORDER

                                                                   Complaint presented on:04.04.2018                                                                 

                                                                     Date of disposal           :27.08.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

 PRESENT: THIRU. G.VINOBHA, M.A., B.L.                            : PRESIDENT

                   TMT. KAVITHA KANNAN,M.E.,                            : MEMBER-1

                                 THIRU V. RAMAMURTHY, B.A.B.L., PGDLA     : MEMBER II

 

C.C. No.52/2018

 

DATED THIS SATURDAY THE 27^THDAY OF AUGUST 2022

 

Ms.K.Amutha Kumari,

•  

No.26/2. K.G.Garden,

IInd street (East),

•  

Chennai-600 081.….Complainant

 

•  

 

The Branch Manager,

Axis Bank,

•  

Chennai-600 021.….Opposite Party

 

Counsel for the complainant                 :M/s.S.P.S.Buddhan

 

Counsel for the opposite party             : M/s.R.Palanikumar Ramesh and 

One another

 

 

 

 

 

 

 

ORDER

THIRU. G.VINOBHA, M.A., B.L.   : PRESIDENT

         

This complaint has been filed by the complainants against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to direct the Opposite party to pay interest at 6% p.a. on the Rs.10,00,000/- from 24.11.2017 till 29.12.2017 and to pay the compensation of Rs.50,000/- towards mental agony caused by the opposite party and cost.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted that she is holding a saving account with the opposite party bank and her account no is 915010007084526 and she has been maintaining sufficient  balance in her account. The complainant approached the opposite party to open a saving account in the name of child Madhi Raksh and handed over the necessary forms in the name of child Madhi Raksh.  The opposite party informed the complainant that an amount of Rs.3000/- had to be deposited in the name of child Madhi Raksh prior to the opening of the account. The opposite party debited the amount of Rs.3000/- to the account to be opened in the name of child Madhi Raksh. The opposite party debited the amount of Rs.3000/- from the complainant’s account on 24.11.2017.  Further stated that a demand draft for Rs.10,00,000/- was handed over to the opposite party bank on 24.11.2017 with request to deposit the said amount immediately on opening of the saving account in the name of child Madhi Raksh.  But the opposite party  failed to open a saving account either on 24.11.2017 or on any subsequent dates.  The complainant enquired with opposite party  regarding failure to open the account either on 24.11.2017.  The opposite party assured the complainant that the account would be opened and demand draft of Rs.10,00,000/- would be credited to account of Master Madhi Raksh.  The opposite party did not open saving account though all formalities have been completed on 24.11.2017.  There is no plausible reasons for not opening the account.  The complainant stated that she had to open an account with IDBI bank washermenpet branch, the complainant received the demand draft from the opposite party that was with him from 24.11.2017.  The complainant caused a legal notice to the opposite party on 17.02.2018 demanding to credit the amount of Rs.3000/- that was debited from her account on 24.11.2017 in order to open a saving account in the name of child Madhi Raksh.  The complainant stated that after receipt of the notice the opposite party had transferred the amount of Rs.3000/- to her savings account. It is admission of deficiency in service committed by the opposite party. Hence the opposite party liable to pay a sum of Rs.10,00,000/-.

2.WRITTEN VERSION OF OPPOSITE PARTY IN BRIEF:

The Opposite party denied all the averments and allegations except those are specifically replied.  The opposite party submitted that the complainant is not maintainable under the Consumer Protection Act, as the complainant is not one coming under the definition of ‘customer’ within the meaning of Act.  No business or customer relationship has been established with the complainant as the account had not been opened by the opposite party even as per the complaint.  In view of this the complaint is liable to be dismissed without adjudication. The opposite party submitted that the complainant approached the opposite party for opening of the account in the name of minor child Madhi Raksh and that she submitted application of the same are admitted by the opposite party.  However the opposite party vehemently denied the averment that the branch manager informed to the complainant that the application is in order. The opposite party submitted that it is a banking company regulated by RBI and follow the procedures before opening of the account by verifying the identity of the customer and KYC. since the bio metric parameters of the complainant were not found matching with the Aadhaar information and therefore the opposite party was not able further process of account opening which was known to the complainant as the same was processed in her presence and as per the RBI regulations the opposite party has to follow the said guidelines before opening account. The opposite party submitted that the opposite party refunded the amount which was collected for opening of the account of the request of the complainant.  The non opening of the account is only due to the reasons beyond the control of the opposite party and the regulatory guidelines as stated supra and there is no deficiency of service from the opposite party as alleged in the complaint.

3. POINTS FOR CONSIDERATION:

1. Whether there is any deficiency in service on the part of opposite party as alleged in the complaint?

2. Whether the complainant is entitled for the reliefs prayed in the complaint.     If, so to what extent?

The complainant have filed proof affidavit as their evidence and documents Ex.A1 to Ex.A5are marked on their side.The opposite party has filed proof affidavit and Ex.B1 is marked on his side.

4.POINT NO :1

                         The fact that the complainant here in was having a saving account with the opposite party bank in account-915010007084526 is not disputed by the opposite party.  As per the complaint he approached the opposite party to open a savings bank account in the name of child Madhi Raksh and she filled up the necessary forms which was scrutinized and found to be correct by the branch manager and instructed by the opposite party a sum of Rs.3000/- was debited from her account on 24.11.2017 for paying deposited for opening a new account in the name of Master Madhi Raksh and the complainant has also paid a demand draft for Rs.10,00,000/- on the same date and handed over the same to the opposite part to deposited a new account to be opened in the name of madhi rakhs, but  however the opposite party failed to open a new account on 24.11.2017 and on subsequent dates and also not returned the demand draft and hence after several request and efforts since the new account was not opened by the opposite party the complainant was forced to open a new account with IDBI bank washermenpet branch during last week of Dec-2017 and received the demand draft from the opposite party in the 2^nd week of Dec-2017 and deposited the IDBI bank and further contended that Rs.3000/- was credited to her account after legal notice issued by her and thereby the deficiency in service committed by the opposite part is proved and further contended that the opposite part is liable to pay 6% interest on Rs.10,00,000/- 24.11.2017 to 29.12.2017 and also claimed compensation for mental agony.

                  5. The opposite party contended that there is no customer relationship since account has not been opened by the opposite party and further stated that on 24.11.2017 new account could not be opened since the bio metric parameters of the complainant were not found matching with the Aadhaar information and therefore the opposite party was not able further process of account opening which was known to the complainant as the same was processed in her presence and as per the RBI regulations the opposite party has to follow the said guidelines before opening account and hence contended there was no deficiency in service on the part of the opposite party.

                  6. The opposite party has filed Ex.B1 which is guidelines for mandatory capture of Aadhaar and PAN details for savings account on the otherhand it is found from Ex.A1 that the complainant herein was having savings  account with the opposite party from the year 2015 and it is found from Ex.A1 that on 24.11.2017 a sum of Rs.3000/- was debited from her account for opening a new account in the name of madhi raksh in the very same account statement it is found that the said Rs.3000/- was credited to her account by the opposite party only  on 03.03.2018 after a delay of about four months that too after issue of legal notice by the complainant which is marked as Ex.A3. There is no reason stated by the opposite party for not immediately returning the above said amount to the complainant when the new account was not opened as requested by complainant, hence the delay in paying the above said amount to the complainant who is already a customer amounted to deficiency in service on the part of the opposite party.

                    7. It is found from Ex.A2 that on 17.11.2017 a demand draft was taken Rs.10 lakhs in the name of Madhi Raksh for being deposited in the new account to be opened in the said name.  The said draft was handed over by the complainant on 24.11.2017 to the opposite party which is not disputed by the opposite party in the written version it is found from Ex.A5 that a new account was opened on 12.01.2018 with IDBI bank washermenpet in the name Master Madhi Raksh where in the complainant name is shown as ‘CUST J1’ which will go to show that the complainant herein stood as a  guardian joint account holder for the said account opened in IDBI bank and it is further found that on 09.01.2018 that based on deposit of demand draft for Rs.10 lakhs the same was credited in the new account opened. According to the complainant she was deprived of the interest on Rs.10 lakhs since the demand draft handed over to the opposite party was returned to her only in the 2^nd week of Dec 2017 and therefore claimed interest at 6% p.a.for Rs.10 lakhs from the opposite party,  in the written version in para.5 the opposite party stated that the complainant has accepted the DD from the opposite party without any objection but, has not stated conveniently when the DD was returned to her.  The handing over of the DD to the opposite party on 24.11.2017 is not denied by the opposite party.  The fact remains that on several subsequent dates of demand the new account was not opened and the DD was also not returned to the complainant immediately thereafter which again amounted to deficiency in service on the part of the opposite party. Hence the complaint is entitled for interest alone at 6% p.a. for Rs.10 lakhs from 24.11.2017 to 29.12.2017.   Point No.1 is answered accordingly.

8. Point No.2

          Based on findings given to point. No.1. since, the complainant was put to hardship and mental agony due to the delay in crediting Rs.3000/- to the complainant account and also as she was put to loss of interest for the DD amount from 24.11.2017 to 29.12.2017 the complainant is entitled for compensation for mental agony of R.25,000/-, the opposite party is also liable to pay interest alone at 6% p.a. on Rs.10,00,000/- from 24.11.2017 to 29.12.2017 along with Rs.5000/- towards the cost of complaint.

          In the result, the complaint is partly allowed.  The opposite party is directed to pay  interest (alone) at 6% p.a.  on Rs.10 lakhs from 24.11.2017 till 29.12.2017 and also pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) towards compensation for mental agony and Rs.5,000/- for litigation expenses.  The above said amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.

          Dictated  by the President to the Steno Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 27^thday of August 2022.

 

MEMBER   I                   MEMBER II                      PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	24.11.2017	Credit to complainant A/c.
Ex.A2	17.11.2017	Demand Draft ICICI BANK.
Ex.A3	12.02.2018	Legal Notice.
Ex.A4	22.02.2018	Acknowledgement card.
Ex.A5	29.12.2017	Ac. open other bank IDBI.

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE OPPOSITE PARTY:

Ex.B1

Details of guidelines.

 

 

MEMBER – I                      MEMBER II                                         PRESIDENT