Order No. -25                                                                                                       Dt.-26/08/2015

      Shri Asoke Kumar Das,President

      Complainant’s case in short is that he is a businessman by profession. He opened an account bearing no.602011008109 with the O.P. bank. Is September 2010 he noticed that the O.P.bank has arbitrarily debited Rs.31814=93 from his said account in between 16/07/2010 to 12/10/2010 on different reasons and on different heads without giving him any information. He raised protest. At this the manager reversed Rs.14552/- on 12/10/2010 with assurance to reverse back the balance soon. On 21/10/2010 complainant gave letter to O.P. With request to credit the balance of Rs.17,500/- or to close his account but to no effect. On 28/10/2010 he gave a letter to O.P. on protest and surrendered his unused cheque leaves and the platinum card to O.P. Bank with request to close his said account. In that letter O.P. made an endorsement to the effect that the said bank account cannot be closed for non-payment of Rs.551/- as account closing charge . He made no transaction with his said account of the O.P. Bank after 28/10/2010. Further case of the complainant is that he came to learn from one of his customer that he had deposited Rs.11,608/- and Rs.25,772/- in his said account due to error/ mistake on 11/06/2012 through Neft. On the same date the complainant obtained statement of his said account from O.P. Bank and came to learn that (Rs.6,616/-, Rs.6,618/-, Rs.6,618, Rs.6,618 and Rs.4,291 in total) Rs.36,380/- was debited from his said account in a single date in the head of recovery charges for maintenance of QAB and made this account’s balance zero illegally. On 10/06/2013 the O.P. Bank issued a letter to the complainant informing that he has not operated his said bank account since 25/10/2010 and he should maintain the prescribed quarterly average balance failing which he will have to pay penalty charges and asked him to maintain the requisite fund within 30 days failing which his said account will be closed. The complainant asserts that the said letter was issued by O.P.; bank to cover up its misdeeds and Unfair Trade Practice.  Hence this case.

The O.P. I.e. Branch Manager, ING VYSYA BANK has contested the case by filing a Written Version denying and disputing the claims and contention of the complainant.

The specific stand of the O.P. is that as per request of the complainant for registration with ING VYSYA BANK for door step banking service the bank had accepted that proposal of the complainant on terms and condition. And after observing all formalities the bank has opened current account in the name of the complainant on 30/12/2009 under ‘PLATINA’ scheme for 10years as per terms and conditions and in that account minimum quarterly average balance amount Rs.5,00,000/- has to be maintained. But the complainant didn’t comply the terms and conditions from 25/10/2010 and that when Rs.11,608/- and Rs.25,772/- was deposited by the customer of the complainant, the bank has debited the said amount due to shortage of quarterly average balance on a single date since the account was functioning according to computer system. On 10/06/2013 an opportunity was given to the complainant to operate his account but there was no response from the  side of the complainant. So there was no deficiency in service on the part of the O.P. Bank and the case is liable to be dismissed with cost.

POINTS  FOR  CONSIDERATION

1) Is the case maintainable both law & fact?

2) Is the complainant a consumer as per provision of the C.P.Act 1986?

3) Is the O.P. Bank guilty for deficiency in service as alleged?

4) Is the complainant entitled to the reliefs as prayed for?  

DECISION  WITH  REASONS

All points are taken up together for consideration and decision.

Seen and perused the petition of compliant, the Written Version(Both are supported by affidavits) the written arguments and documents filed by the parties.

We have heard arguments of the Ld. Lawyers of both parties at a length in full.

       After due consideration of all these we find that the case was filed on 20/02/2014 i.e. well within the period of limitation of 2 years from date (11/06/2012) on which cause of action has been arisen.We further find that the O.P. is carrying on its banking business within the territorial jurisdiction of this Forum and it appears from cause title of the prtition of complaint thatand the claim of the complainant is well within the pecuniery jurisdistion of this Forum. Therefore we have no hesitation to hold that this case is well maintainable.

        Admittedly the complainant was/is the customer of O.P. bank and his account number was/is 602011008109 and the present dispute is concerning to the bank account of the complianant. Therefore we have no hesitation to hold that the complainant is a consumer of O.P. bank.

        Admittedly O.P. bank debited a sum of Rs.31814.93/- from the said account of the complainant between 16/07/2010 to 12/10/2010 keeping him in dark and when the complainant raised protest against such debit form his account, the O.P. reversed back Rs.14552/- on 12/10/2010 giving him assurance to reverse back the balance amount soon. But the O.P. had not reversed back the balance amount.

        Admittedly the complainant surrendered his unused cheque leaves and the platinum card to O.P.bank on 28/10/2010 on protest of aforesaid acts of the bank and requested the bank by letter to close his said account but the bank had not closed the said account of the complainant for not depositing of Rs. 551/- by the complainant as charge for closing of account. Admittedly the complainant made no transaction with his said account since the date of surrender of his unused cheque leaves and the platinum card to O.P. bank i.e. since 28/10/2010. In such situation question of maintaining quarterly average balance to avail the facilities by the customer, here the complainant after 20/10/2010 till june 2012, as claimed by the O.P.Bank doesn’t and cannot arise at all. The O.P. bank should close the account of the complainant immediately after receiving letter dt.28/10/2010 from the complainant and after his surrender of unused cheque leaves and the platinum card and to realise the account closing charge as stipulated, after satisfying the customer/complainant about the norms and the result of not depositing of account closing charge and that the O.P. bank could easily close the account of the complainant even without his deposit of said account closing charge as it appears from paragraph four of the copy of O.Ps. letter dt. 10/06/2013 wherein it is written that, “Please note that if the account is not funded within a period of 30days from te date of issue of this letter, your account will be closed.” Despite that the O.P. bank has debited entire amount of Rs.36380/-  in one date which was deposited by one of the customer of the complainant due to mistake on 11/06/2012, in the head of “due quarterly average balance” most illegally. So the plea taken by O.P. bank for debiting Rs.31814.93 in between 16/07/2010 to 12/10/2010 and Rs.36,380/- on or after 11/06/2012 from the said account of thencomplainant keeping the complainant in dark, is not at all acceptable and as such the said acts of O.P. bank were not legal and those acts certainly comes within the purview of deficiency in service.

           In this view of the matter we find and hold that the O.P. bank is guilty for deficiency in service as alleged by the complainant and accordingly the complainant is entitled to the reliefs specified below.

    All points are disposed of accordingly.

    In the result the case succeeds.

     Hence, it is

O R D E R E D

that the case/ application is allowed on contest with cost of Rs.2,000/-. The complainant do get an award of Rs.36,380/- + Rs.17,263/- (Rs.31,816 – Rs.14,552) = Rs.53,643/- in total against O.P. bank towards refund of money illegally debited by O.P./Bank from the said account of the complainant.

The complainant do get further award of Rs.5,000/- respectively against O.P. Bank in the head of deficiency in service by O.P. Bank and in the head of mental pain, agony and harassment suffered by the complainant for deficiency in service by O.P. Bank.

O.P. Bank is hereby directed to pay to the complainant aforesaid awarded amount and costs  amounting to Rs.60,643/- in total within 30days from this date failing which it will carry interest @ 8½ % per annum and the complainant shall be at liberty to realise the same by putting this order into execution in accordance with law.

         Let a plain copy of this order be supplied to the parties free of cost forthwith as per provision of Consumer Protection Act,1986.