The case of the complainant, in a nutshell, is that the complainant is a businessman deals with food grains under the name & style “Jay Bharat Traders” at Puran Bazar, Alipurduar who maintains his livelihood by the income of the said business with his family members. The complainant maintains one current account bearing no. 729010200001526 with the O.P and he intimated the O.P for closure of his said account on 18/11/2013 which was acknowledged by the O.P Bank. The complainant also deposited unused cheques bearing no. 84512 to 84550 after that no transaction was made by the complainant with that account.
The further case of the complainant that on 10/11/2017 the O.P issued a letter to the complainant on 10/11/2017 stating that the said account of the complainant is inconsistent with the normal activity and informed him that the bank is unable to continue the banking services and it has been decided to suspend all operations of the said account and also decided the close of the said account. The complainant was surprised to receive the letter dated 10/11/2017 from the O.P and more surprise was waiting for him to find from the statement of account of the bank that the O.P has not closed the account of the complainant rather it is revealed from the said statement of account that on 18/08/2016 a sum of Rs. 15,600/- has been credited to the said account from Income Tax Authority towards refund TDS. But on 20/08/2016 the O.P Bank imposed service charge @ 15% upon this said amount of the bank wherein balance is showing ‘NIL’ which shows clear deficiency of service on part of the O.P Bank. The complainant on several occasion went to the O.P and requested the O.P to return the said amount of Rs. 15,600/- but in vain. Thereafter, on 03/08/2018 the complainant was compelled to send a letter to the O.P which has been acknowledged by the O.P on 04/08/2018 but did not pay any heed to it.
Hence, the aforesaid complaint has been filed by the complainant with a prayer to direct the O.P to compensate him for amount of Rs. 15,600/- along with bank interest from 18/08/2016 till date of payment of compensation and also the complainant has prayed for to direct the O.P to pay Rs. 20,000/- for their unfair trade practice and also the O.P be directed to pay Rs. 20,000/- towards his mental pain and agony and also prayed for direction to O.P to pay Rs. 10,000/- towards cost of litigation.
In the instant case the O.P has appeared before this Forum on 27/11/2018 and prayed for time to file written version but ultimately, the O.P did not continue and proceed with the case according to this Forum inspite of several opportunities were given and did not pay cost as awarded by this Forum. Thereafter the case was proceeded ex-parte against him.
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In support of the case the complainant has filed evidence-on-affidavit as well as written argument in this case. Complainant has also filed some original documents with firisty.
We have heard argument from the side of complainant and also perused the material on record very carefully.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(1)(d)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.
The complainant is a businessman and he has one current account bearing no. 729010200001526 with the O.P Bank. The complainant has also deposited unused cheques bearing no. 84512 to 84550. Considering this aspect and other materials on record it is crystally clear that the complainant is a consumer under the O.P. as per provision of Sec. 2(1)(d)(ii) of the Consumer Protection Act, 1986.
The complainant is a resident of Puran Bazar, Ward No. XVI, P.O., P.S. & Dist. Alipurduar and the O.P Bank is also situated at B.F. Road, P.O., P.S. & Dist. Alipurduar within the territorial jurisdiction of this Forum. The claim amount is also less than the pecuniary limit of this Forum. So, we find and hold that this Forum has ample jurisdiction to entertain the instant case.
We have perused the documents as per firisty of the complainant. The documents indicate that A/C No. 729010200001526 of the O.P Bank belongs to the complainant. The O.P Bank received it’s cheques being Sl. Nos. 84512 – 84550 on 18/11/2013. Letter dated 10/11/2017 of the O.P Bank speaks that they intended to suspend that account on the ground stated therein within 15 days from that day though statement of account of the Bank from 01/04/2016 to 31/07/2017 shows that Rs. 15,600/- is lying as credit balance in that account. Therefore, the complainant is entitled to receive that amount of Rs. 15,600/- and the O.P Bank ought to return the same to him. Since the O.P Bank did not return that amount to the complainant despite his claim petition dated 03/08/2018 as such we have no hesitation to hold that there is deficiency in service on part of the O.P Bank.
Positive results of the discussed points lead us to hold that point no. 4 also bears positive result and that should be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed ex-parte with costs against the O.P. The complainant Sri Srikrishna Agarwala do get a decree of amounting to Rs. 15,600/- with 8% interest per annum from 18/08/2016 till liquidation as his legitimate right and he also do get a further decree of Rs. 10,000/- for his mental agony and sufferings + Rs. 4,000/- + Rs. 1,000/- (adjournment costs) = Rs. 5,000/- as litigation costs against the O.P. The O.P Branch Manager,
Axis Bank Ltd., Alipurduar Branch is hereby directed to pay the total decreetal amount of Rs. 15,600/- with 8% interest as stated above + Rs. 15,000/- to the complainant within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.
In case of realization of the decreetal dues through execution the complainant be entitled to 8% interest per annum on the decreetal dues from the date of filing of this case from 18/09/2018 till liquidation of the entire decreetal dues.
