Haryana

Karnal

CC/200/2022

Dipin - Complainant(s)

Versus

The Branch Manager, IDFC Bank - Opp.Party(s)

Akshat Sharma

16 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 200 of 2022

                                                        Date of instt. 05.04.2022

                                                        Date of Decision: 16.02.2024

 

Dipin son of Shri Mann Singh, resident of H.No.383, Kalandri Gate, Karnal, Haryana.

                                               …….Complainant.

                                              Versus

 

The Branch Manager, IDFC Bank, SCO 237-P, GF, Urban Estate, Karnal.

 

                                                                      …..Opposite party.

 

Complaint Under Section 35 of Consumer Protection Act, as amended up-to-date.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr. Suman Singh…….….Member

 

 Argued by: Shri Akshat Sharma, counsel for complainant.

Opposite party proceeded against exparte VOD 21.06.2022

 

                    (Jaswant Singh President)

ORDER:  

 

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant has been maintaining a saving account in the bank of OP having an amount of Rs.1,40,631/- approx (as on date). Few days ago, when the complainant was trying to seek some transaction via his saving bank account. He became astonished to know that his account has been frozen by OP without any prior intimation to him and when complainant asked about the reason, the OP did not pay any heed towards the request of complainant. Due to said unsatisfactory unanswered act and conduct, the complainant has been suffering financial losses as well as harassment. From the above facts and circumstances, it is clearly established that OP has committed deficiency in services and unfair trade practice. Hence, the present complaint.

2.             Despite service of notice none has appeared on behalf of OP and it opted to be proceeded against exparte, vide order dated 21.06.2022 of the Commission.

3.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of passbook Ex.C1, copy of account statement Ex.C2, legal notice Ex.C3, postal receipt Ex.C4, refusal of legal notice Ex.C5, registered AD Ex.C6 and copy of aadhar card Ex.C7 and closed the evidence on 07.11.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that the account of the complainant has been freezed by the OP without any reason and rhyme and without intimation to the complainant. Due to the said act of the OP, the complainant has suffered financial loss and has caused harassment to the complainant and lastly prayed for allowing the complaint.

6.             The complainant has alleged that he is maintaining a saving account with the OP bank and is having an amount of Rs.1,40,631/- approximately. The factum of having a saving account of the complainant in the OP bank is proved from the passbook Ex.C1. It is also evident from the statement of account Ex.C2 that an amount of Rs.1,40,631/- was lying in the account of complainant on 28.02.2022. The complainant has also alleged that his account has been freezed by the OP without any reason and rhyme and without intimation to the complainant due to the said act, he has suffered huge financial loss and also suffered mental harassment.  To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.

7.             It is pertinent to mention here that complainant has sent a legal notice Ex.C3 to the OP through his counsel but the OP has refused to accept the said legal notice. This fact has been proved from the refusal Ex.C5.

8.             After filing the present complaint by the complainant, this Commission has sent notice of the complaint to the OP and said notice has been duly received by Mr.Govind, the Manager of the OP bank, who has duly stamped the summon and also mentioned his mobile number on the back of the said notice but despite that none has appeared on behalf of OP and chose to proceeded against ex-parte.

9.             The Manager of the OP has neither bother of the legal notice nor of summons issued by this Commission. The Manager is a responsible person and this act cannot be expected from such responsible person being Head of the Branch of bank. Hence the act of the OP amounts to deficiency in service and unfair trade practice.

10.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to unfreeze the saving account No.10077413517 of the complainant. We further direct the OP to pay Rs.25,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.11,000/- for the litigation expense. However, the OP bank is at liberty to recover the abovesaid awarded amount from the salary of the erring officer of the OP bank. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced

Dated: 16.02.2024                                                                   

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)             (Dr. Suman Singh)

                     Member                         Member