DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 65 of  2023

 

 

 

Rahul Roy,

S/O- Late- Animesh Roy,

B-1, Samkunj Apartment, Christianpara,

Kestopur, Kolkata -700102,

West Bengal.

 

 

Local Address:-

C/O Sri Sovan Mahajan, Advocate,

Tripura Bar Association, Room No.16,

District & Session Judge Court Complex,

Agartala, West Tripura – 799001. .........Complainant.

 

 

-VERSUS-

 

 

1. The UCO Bank, Guwahati High Court Branch,

Represented by its Branch Manager, UCO Bank,

Guwahati High Court Branch,

High Court of Tripura Complex,

Capital Complex, Agartala,

Pin- 799010.

 

 

2. The Branch Manager, UCO Bank,

Guwahati High Court Branch,

High Court of Tripura Complex,

Capital Complex, Agartala,

Pin- 799010. ............Opposite Parties.

 

 

 

   ________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR(SMT) BINDU PAUL

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

C O U N S E L

 

 

For  the  O.Ps : Sri Pulak Saha,

 

 

F I N A L    O R D E R

1. This case is filed by Sri Rahul Roy here-in-after called 'the complainant' against by the Branch Manager UCO Bank, Guwahati High Court Branch alleging deficiency in service on the part of the O.P. 

1. The complainant Sri Rahul Roy has his Salary Account with the UCO Bank, Guwahati High Court Branch, Agartala having his Rupay Debit Card Platinum Insta with a facility of daily cash withdrawal for Rs.50,000/- through ATM and as per the information available in the official website of the Bank Annual Maintenance charges for his Debit card is “FREE”.

1.1 The complainant during the period of using of this debit card through ATM found additional charges deducted for using the ATM card as follows:-

Sl. No. Date Amount withdrawn Additional charges

1          07/06/22 Rs.10,000/- Rs.12.98/-

2 07/06/22 Rs.10,000/- Rs.12.98/-

3 07/06/22 Rs.10,000/- Rs.12.98/-

4          07/06/22 Rs.10,000/- Rs.12.98/-

5 07/06/22 Rs.9,000/- Rs.12.98/-

6 12/06/22 Rs.4,000/- Rs.12.98/-

7 15/06/22 Rs.3,000/- Rs.12.98/-

 

1.2 In the month of June, 2022 a sum of Rs.90.86/- in total was deducted for using such debit card through ATM. On 02.11.2021 an amount of Rs.177/- was charged by the O.P. Bank as Annual Maintenance charge of ATM card from October, 2021 to September, 2022. As such, the total sum of Rs.267.86/- was illegally deducted for which the complainant lodged  complaint with the O.P. vide Email dated 25.09.2022 and reminder Email dated 04.11.2022 but to no good. Thereafter the complainant lodged complaint with RBI on 14.11.2022 through online. After that vide letter dated 19.11.2022 the Senior Manager informed the complainant that as per circular dated 29.07.2021 up to  ten(10) transaction will be free. After that each transaction is chargeable @ Rs.12.98/- including GST. Hence, the O.P. Bank charged such amount from the complainant. Although such circular dated 29.07.2021 was never communicated to the complainant. Therefore, question of acceptance of such offer of the bank does not appear at all. 

1.3 Vide letter dated 19.11.2022 the Senior Manager of the O.P. informed the complainant that the deducted amount of Rs.177/- had been refunded as per guideline of the O.P. but no interest was paid on this amount by the O.P. 

1.4 It came to the notice of the complainant on 14.11.2022 that a further sum of Rs.177/- was deducted from October, 2022 to September, 2023 for the AMC of the ATM card of the complainant which is also not founded on legal reasons. Further the ATM card of the complainant got defunct due to technical reasons not known to the complainant which was communicated to the O.P. vide email dated 01.02.2023 which was informed to the O.P. at Ambassa Branch. But instead of addressing such grievance the O.P. re-issued a new ATM card by deducting a sum of Rs.206.50/- on 18.02.2023 which is a personalized debit card without seeking any option from the complainant. A Legal Notice was sent to the O.P. on 31.03.2023 for addressing the grievance of the complainant which was replied by the O.P. by sending a counter reply notice dated 04.05.2023 and refunded Rs.206.50/- on 10.04.2023 in 2 installments but without any interest. Hence, this case seeking compensation for deficiency in service for payment of admissible interest on the refunded sum, compensation litigation cost etc. 

2. The O.P. submitted written objection denying and disputing the claim of the complainant and pleading that the bonafide mistake committed by the bank were rectified as and when it was brought to the notice of the bank which apparently speaks that the bank had no malafide intention and has all respect for the consumers. 

The complainant submitted evidence on affidavit with documents i.e., the statement of account of the complainant, ATM card information available on official website of the O.P., copy of emails etc.

3. Both the parties submitted evidence on affidavit.

4. Hearing argument the following points are taken up for discussion and decision:-

 

 

Decision and reasons:-

5. All the points are taken up together for discussion and decision.

5.1 The complainant has submitted a statement of account showing deduction of different amount as pleaded in the petition. The complainant has also submitted circular of the Bank showing that the ATM Service to be given to the complainant is free and no annual charge will be made as annual maintenance charge for maintaining the ATM card.  The complainant has also submitted emails communicated to the bank.

 

5.2 It is proved that on 02.11.2021, Rs.77/- was deducted for annual maintenance of the ATM card for October, 2021 to September, 2022 which the Bank firstly denies but at the same breath stated that if such amount was deducted it was as per banking norms. Those statements of the bank is evasive.

 

 

6. During the course of argument Learned Counsel of the O.P. submits papers showing service charges to be deducted. This service charges of the bank was made up to date in the year 2020-2021 showing that for savings account up to 10 ATM  transactions will be free. Learned counsel submits another circular of the Bank that in any Suvidha Salary Account, if salary is not credited for consecutively 3 months, such account to be converted to normal savings account. 

 

6.1 Learned counsel of the complainant submits that the account of the complainant was opened in the year, 2014 and such circular of the year, 2021 were never communicated to the complainant in person. However, Learned counsel of the O.P. Bank submits that all these circulars are communicated to the consumers by sending SMS and no hard copy is communicated to the customers in person and which is not practicable also. 

6.2 We appreciate the argument of the Learned counsel of the O.P. Bank and taking into consideration the circulars, we find that the complainant since stopped crediting his salary into the account of the O.P. Bank he is not entitled to the benefits of Suvidha Salary Account. As such for  providing service the bank shall take necessary charges. We also fail to appreciate the argument of the Learned Counsel that such papers were not communicated to the complainant in person because, it is the practice of the bank or any other such institutions to send SMS which is very much reasonable and practicable as well. The further argument that regarding this papers there is no pleading in the written objection also does not appeal to us for the fact that the strict rule of pleading in accordance with Civil Procedure Code is not applicable in a Forum like Consumer Commission. Therefore, we find no deficiency in service as alleged by the complainant.   

 

7. All the points are decided accordingly against the complainant.

 

 

 

8. In the result, the case disposed off, however, without cost.

 

9. Supply copy of this final order free of cost to the parties.  

 

Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

DR(SMT) BINDU PAUL

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.