J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant’s case in brief is that he has a savings bank account with the OP, but in January, 2011 the OP began to debit some amounts from the said account of the complainant in an inexplicable manner.  When the complainant had opened the account, the OP did not inform him about such debit, and although the complainant enquired about the matter, the OP never bothered to entertain him.  Even legal notice to the OP was of no avail.  Accordingly, the complainant filed this case praying that the OP be directed to re-credit the said debited amounts to his account, and the complainant prays for some other reliefs as well. 

The OP has contested the case denying inter-alia all the material allegations as raised by the complainant.  The OP’s statement is that the complainant did not maintain average quarterly balance for which as per agreement the said sum has been deducted.  The agreement has been shown at page 12 and OP No.1 has also given a chart in written version.  Accordingly, the OP prays that the case should be dismissed.  

Contd......P/2

-:2:-

Complainant has filed the following documents:-

1.       Statements of accounts for January and April, 2011 with respect to account no.01511330002528 with the OP. 

2.       Statements of accounts for January, February and August 2012 with respect to account no. 01511330002528 with the OP.

3.       Statements of accounts for January, February, March, April and May, 2013 with respect to account no. 01511330002528 with the OP.

4.       Legal notice dated 02.07.2013 along with postal receipt no.WE8787246131N dated 02.07.2013 and A/D Card received by the OP on 04.07.2013.

OP has filed the following documents :-

1.       Account Opening Form (Annexure-A).

2.       Xerox copy of Pan Card of the complainant (Annexure –B).

3.       Letter to the Manager, HDFC Bank Ltd. dated 21.01.09.

4.       Xerox copy of Account Payee cheque dated 20.01.09.

5.       Xerox copy of Pass book of the complainant.

6.       Xerox copy of statement of account of the complainant (one page).

          Complainant has filed affidavit of examination-in-chief and written notes of argument.

Points for decision

1.       Whether there is deficiency in service on the part of the OP ?

2.       Whether the complainant is entitled to get any relief as prayed for ? 

Decision with reason

Complainant has filed in para 2 the amount deducted by the OP as excess amount from 11.01.11 to 09.05.13 as appended in para 2 of chief of PW No.1. 

In para 11 of written version narrated that why the alleged money has been deducted from 11.01.11 to 09.05.13 and the reason is that for non-maintenance of average monthly balance from October, 2010 to April, 2013. 

So, considering the materials of record, it appears that complainant has hopelessly failed to establish his allegation of deficiency in service on the part of the OP. 

Contd......P/3

-:3:-

The complainant has wrongly instructed to file this case against the OP without going through the agreement with the bank.  Accordingly, the complainant is not entitled to get any relief as prayed. 

Therefore, the materials on records, we are of opinion that the case of the complainant fails.      

Hence, it is

                   O R D E R E D

that the Consumer Case No.161/S/2013 is dismissed on contest against the OP but without cost.   

                                   -Member-                           -President-