D.O.F:16/12/2019
D.O.O:30/11/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.254/2019
Dated this, the 30th day of November 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Thawakkal Travel Service,
R.S. Road, Kottachery, P.O Kanhangad,
Kasaragod District Rep: by its Proprietor : Complainant
M.K. Abdilkhader Haji, S/o M.K Moideenkunhi Haji (Late)
Muniyamcode House, Chithari North, P.O Chithari – 671316
Kasaragod Dist
(Adv: K. Janardhanan)
And
The Manager,
HDFC Bank Limited , Golden Arcade,
Near Akash Auditorium, : Opposite Party
North Kottachery, Kanhangad
P.O. Kanhangad, Kasaragod District - 671315
(Adv:A. Radhakrishnan)
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The instant complaint is filed under section 12 of the Consumer Protection Act, 1986 ( as amended ).
The facts of the case in brief is that the complainant is a current account holder of the Opposite Party with A/C No .50200024600872 and the complainant is usually deposit and withdraw amount as and when required. The Opposite Party is deducting amount from the account in the name of various charges namely, Debit Card charge and Cash Deposit charge. The Opposite Party deducted a total of Rs.30,694.65 from complainant's account. There is no provision to deduct amount without the knowledge of the account holder. The complainant approached the Opposite Party on several occasions for clarification in this matter. But the Opposite Party failed to give reasonable explanation. The complainant send a Regd. Lawyer's notice dt.25. 09. 2019 calling up on the Opposite Party to repay Rs.30,694.65 but did not comply with it nor sent a reply. There after the complainant took statement for the period from 13 - 11- 2018 to 25-11-2019 from the Opposite Party and learned that some amount had been credited to the account . Now an amount of Rs.22,168.50 is to be credited or returned in that account . Due to the attitude of the Opposite Party, the complainant suffered mental agony and damages. Hence this complaint is filed for a direction to the Opposite Party to pay Rs.22,168.50 with interest along with Rs 10,000/- compensation and costs.
The Opposite Parties entered appearance and filed written statement. As per the version of Opposite Party, the complaint is false, frivolus, vexatious, and not
maintainable on law or facts. The Opposite Party admitted that complainant is its Current Account holder with A/C No. 50200024600872 which is a product with AMB (Average Monthly Balance) of 75,000/-. It is denied that the Opposite Party is deducting any amount illegally from the account without the authorization or information of the complainant. Rs.33,037/- was debited from the account towards Cash Deposit charges and Rs.1,770/- was debited towards Debit Card charges. All the charges are as per the product chosen by the complainant and he had agreed for the same by signing the account opening form. It is denied that the Opposite Party failed to give correct information to the complainant when he approached. It is true that the Opposite Party credited Rs.12, 935.19/- to the account in January, May, September 2019 as a good will gesture towards the complainant. The Opposite Party has no legal obligation to return Rs 22,168.50. There no mental agony to the complainant. The complainant not entitled to get any relief as prayed for and the complaint is liable to be dismissed.
The complainant filed proof affidavit in lieu of chief examination and marked documents Ext A1 and A 2. The Document Ext. A 1 is the Statement of Account for the period 13-11-2018 to 25-11-2019 ', Ext. A 2 is the office copy of Regd. Lawyer's Notice. dt.25.09.2019.
The complainant is cross - examined as PW 1.The Opposite Party didn't adduce any oral evidence nor marked any document .They produced a copy of Master Circular DBOD No. Leg BC. 21/09.07.006 / 2014-15 dated July 01, 2014. for ready reference.
Based on the pleadings and evidence adduced by the rival partice in this case the following issues are raised for consideration in this case.
1. Whether the Opposite Party deducted any amount from the complainant's account illegally.
2. Whether there is any service deficiency on the part of the Opposite Party?
3. If so, what is the relief and costs?
For convenience, all the issues are considered together. Here the complainant allege that Opposite Party deducted a total of Rs.30,694.65 from his account . The Opposite Party admitted that Rs.33,037/- was debited from the account towards Cash Deposit charges and Rs.1,770/- was debited towards Debit Card charges. But the Opposite Party argues that the deductions are not illegal. All the charges are as per the product chosen by the complainant and he had agreed for the same by signing the account opening form.
It is also submitted by the complainant that, out of the amount deducted, some amount had been credited by the Opposite Party as seen in the Ext A 1, the statement for the period 13-11-2018 to 25-11-2019. The Opposite Party admit that an amount of Rs.12,935.19 has been credited to the account in January, May, September 2019 . But it is as a good will gesture towards the complainant and not as repayment. All the charges are as per the product chosen by the complainant and he had agreed for the same by signing the account opening form.
The Opposite Party didn't produce the details of the product chosen by the complaint. The account opening form which was signed by the complainant is also not produced Therefore this commission is not in a position to verify as to the terms and conditions. The Opposite Party argue that Rs.33,037/- was debited towards Cash Deposit charges and Rs.1,770/- was debited towards Debit card charges. We have perused the copy of Master circular DBOD No. Leg BC. 21/09.07.006 / 2014-15 dated July 01, 2014 furnished by the Opposite Party, very curiously to know the direction of the RBl in this regard. But interestingly there is nothing in that circular empowering the Opposite Party to deduct any amount towards Cash Deposit charge or Debit Card charge.
The circular would show that the Bank is directed to formulate a transparent and comprehensive policy setting out the rights of the depositors. In page 31 of the circular it is clearly stated that " while fixing service charges for various types of services like charges for cheque collection etc. banks should ensure that the charges are reasonable are not out of the line with the average cost of providing these services. ""Banks should make arrangements for working out charges with prior approval of their Board of Directors as recommended above." Here the Opposite Party has not produced any document to show that the collection of any amount towards Cash Deposit charge or Debit Card charge are approved by the Board of Directors. In the absence of any rebuttal evidence, it cannot be held that these are all legal.
The Opposite Party state that the they credited Rs.12,935.19 to the account in January, May, September 2019 as a good will gesture towards the complainant. It is also stated that the Opposite Party has no legal obligation to return Rs 22,168.50. There is no document produced by the Opposite Party to show that there is provision, to credit any amount to an account holder towards good will gesture. So there is reason to believe that the amount credited is towards the repayment of unauthorized deductions.
In this circumstance it can be held that the Opposite Party has a legal obligation to return the balance amount of Rs 22,168.50/- also.
So based on the above discussion, this commission is of the view that there is service deficiency on the part of the Opposite Party.
Due to the illegal deductions of amounts from the account the complainant suffered mental agony as well as monetary loss for which the Opposite Party is liable to compensate.
In the result the complaint is allowed and the Opposite party is directed to repay an amount of Rs.22,168.50/- with interest at the rate of 10% per annum from16/12/2019, the date of the complaint to the date of payment, along with Rs.10,000 /- towards compensation and Rs 5000/- (Rupees Five thousand only) towards costs.
Time for compliance is 30 days from receipt of the copy of this Judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Statement of account
A2-Lawyer notice
Witness Examined
Pw1- M.K Abdul Khader Haji
Dw1-Bijesh.K
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
