The Complainant has filed this case under Section 35(1)(a) (i) read with Section 35(1) (a) (ii)  of the Consumer Protection Act 2019 and praying for following Order/ Relief :-

1. Direction against the O.P. to unfreeze NRO Account being in No. 089901075027 and allow the Complainant full access to his funds.
2. Direction against the O.P. to remit compensation of Rs. 1, 00,000/- (Rupees One Lakh) Only to the Complainant for unfair trade practices by withholding information and causing unnecessary hardship to the Complainant. 
3. Direction against the O.P. to pay compensation of
   Rs. 1, 00,000/- (Rupees One Lakh) Only for deficiency in services for failing to provide adequate customer service.
4. Direction against the O.P. to pay compensation of Rs. 1,00,000/- (Rupees One Lakh) Only to the complainant for causing mental distress and harassment due to the unjustified account freeze.
5. Direction against the O.P. to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the Complainant toward cost of legal proceedings.
6. Interest on awarded amount @ 12 % per month of the awarded amount from the date of filing, till realization.
7. Any other relief or reliefs.

 BRIEF FACTS OF THE COMPLAINT

1. That the Complainant is a Citizen of India having his permanent residence at the address as mentioned in the Cause Title of the instant Complaint.
2. Complainant is a Consumer within the meaning of the Consumer Protection Act 2019.
3. The O.P. is a Bank within the meaning of Sub section 19 of Section 2 of the Act and they are the product service provider within the meaning of Sub section 38 of Section 2 of the Act.
4. That the Complainant is a Non-Resident Ordinary (NRO) Account holder with the O. P. Bank, maintaining Account Being NO. 089901075027.
5. That the Complainant was unable to access his money in the account and on enquiry from the O.P. the Complainant was informed that his account had been frozen due to a complaint received from a Police Officer in Pondicherry regarding suspicious transactions.

6. That the Complainant is unaware of any suspicious or fraudulent activity in his account and has never been involved in such activities and he requested the O.P. to provide details of the transactions and the originating complaint.
7. That the O.P. refused to share the Complaint details or specific information about the flagged transactions, citing confidentiality and ongoing investigations and they only provided vague information like an “Acknowledgement No.” and a mobile number which on verified appeared dubious.
8. That lack of transparency and refused to provide information caused the Complainant immense anxiety and distress and is unable to access his fund, impacting his daily life and business operations.
9. That the Complainant repeatedly urged the O.P. to unfreeze the account and provide a clear understanding of the situation and he even offered to assist with the investigation if needed.
10. Despite repeated request the O.P. has shown no urgency or willingness to address the Complainant’s concerns and the said inaction and lack of communication constitute unfair trade practices and deficiency in service.
11. That due to unjustifiable freezing of his account the Complainant has suffered financial hardship, mental distress, loss of reputation.
12. That when the O.P. did not respond the Complainant sent Legal Notice to the O.P. on 22.11.2023 which was delivered on 23.11.2023 to the OP but of no result and the O.P. neither sent any reply nor unfreeze the account of the Complainant.
13. That the cause of action for filing of this Complaint arose on 23.11.2023 and the same is still continuing.

In support of the Complaint the Complainant has filed the following documents:-

1. Original Power of Attorney.
2. Copy of Notice dated 22.11.2023 along with Postal Receipt.
3. Copy of Track Report dated. 23.11.2023.
4. Copy of Aadhar Card of Complainant.
5. Copy of Power of Attorney.
6. Copy of work permit & copy of passport of Complainant.
7. Copy of Air Tickets of Complainant Dated 09.12.2023 & 10.12.2023.

Notice was issued from this Commission for servicing the same upon the O.P. But despite receiving notice the O.P. did not turned up before this Commission to contest this Case. Accordingly the case is taken up for ex-parte hearing.

Now let us see how far the Complainant has been able to prove the case against the O.P. or not?

Perused the complaint,and documents filed by the complainant. On perusal of the said complaint as well as documents, the following points are taken up together for discussion.

Points for consideration :-

1. Whether the Complainant is a Consumer?
2. Whether the case is maintainable under the Consumer Protection Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Whether the Complainant is entitled to get the relief as prayed for?                                  

 Decision with reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

Complainant was given liberty to file its evidence.  To prove the case the complainant has filed Evidence in the form of an Affidavit. In the Written Evidence the Complainant has specifically corroborated the statements so made in the Written Complaint. It is stated in the Written Evidence that the Complainant was an Account Holder  of the OP Bank having his Bank Account No. 089901075027, he further stated that the Complainant came to know that his Bank Account was Freeze by the OP Bank and that’s why he faced much problem and he was not been able to made any transaction in respect of the said Bank Account. He further stated in the Written Evidence that the Complainant informed the matter to the O.P. Bank and also sent a Legal Notice and  requested the Bank for unfreeze the Bank Account which was previously freezed by the Bank. But the O.P. Bank neither respond nor unfreeze the Bank Account of the Complainant. It is further stated by the Complainant in his Evidence that he has sufficient  cause of action for filing of this case and for which he filed this case against the O.P. & praying for necessary order to unfreeze the Bank Account.

Ld. Advocate of the Complainant files Brief Notes of Argument in support of his case and he argued the Complainant has been able to prove the case against the O.P. not only by adducing evidence but also by producing several documents/ Ld. Advocate of the Complainant has further argued that in the Brief Notes of Argument they have specifically stated how the O.P. Bank harassed the Complainant by freezing the Bank Account. It is also argument of the Complainant that there was clear deficiency in service on the part of the O.P. Bank as well as restricted trade practice towards the Complainant .

Having heard, the Ld. Advocate of the Complainant and on perusal of the entire record including the complaint, documents filed by the Complainant, Written Evidence, Brief Notes of Argument it reveals that in the Written Complaint the Complainant Paragraph No. 06 it has been alleged that when the Complainant was unable to withdraw his money from his bank account on inquiry from the O.P. Bank he was informed that this account had been frozen due to complaint raised from a police  of Pondichery regarding the suspicious transactions. But the Complainant did not explain before this Commission as to what intimation was given to him by the OP Bank , either oral or written . The Complainant also did not file the copy of intimation which was given by the O.P. Bank who allegedly disclosed that the Bank Account was frozen due to Complaint received from the Police of Pondichery . For non filing of the intimation given by the O.P. Bank is nothing but we presumed that the Complainant is not coming in clean hands.

Moreover, from the four corner of the record it reflects that the Complainant did not file the Pass Book in respect of which the Complainant alleged that the account had been frozen .

From the record it further reveals that the Complainant has filed several documents but the Complainant neither file Original Bank Pass Book nor file previous Bank Account Statement in respect of the said Bank Account of the Complainant.

Considering  the non explanation regarding the intimation given by the O.P. Bank from the Police of Pondichery regarding suspicious transaction and considering the non filling of Original Bank Pass Book as well as previous Bank Account Statement in respect of the said Bank Account of the Complainant we are of the view that the Complainant has not been able to prove the case against the OP .

Hence it is therefore,

O R D E R E D

That the instant Consumer Case being in No. 91/2023 is hereby dismissed on ex-parte.

Let a copy of this Order / Judgment be given to the Complainant free of cost.