DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 326/2022

Date of Institution: 06.07.2022

Judgment Reserved on: 24.02.2023

Judgment Passed on: 15.03.2023

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

Order By: Sh. Ravi Kumar (Member)

JUDGMENT

1. The complainant has filed complaint against the OP alleging deficiency of service on account of deducting annual charge on the debit card issued by Vijaya Bank (Now merged with Bank of Baroda) bearing No.6078960340122060 when the card was non-functional. 
2. The Complainant in her complaint has contended that she is Saving Bank Account Holder No.76770100003264 of the OP - Bank of Baroda, Indraprastha Extension, Delhi.  This Account Number was assigned to her in lieu of her earlier SB Account Number 603401011001597 with Vijaya Bank.  Presently Vijaya Bank is merged with Bank of Baroda.  She was issued with Debit Card bearing No.6078960340122060 by Vijaya Bank which had stopped working and she had reported the matter to the concerned branch of Vijaya Bank and she was informed that due to undergoing changes in the Bank control/ establishment management, the new Bank i.e. Bank of Baroda will be re-issuing the Debit Card to her in due course.  However, the Bank continued to deduct charges from her account without issuing working Debit Card.
3. She made complaint and surrendered the non-working Debit Card and requested to refund the amount charged in respect of non-functional Debit Card.  However, the Bank neither refunded the amount nor issued any functional Debit Card and she has been charged Rs.531/- (for 3 years @ Rs.177/-) which amounts to arbitrariness and negligent working causing monetary loss and is Unfair Trade Practice committed by the OP. 

She has made the following prayer:- 

• Action may be taken against Bank/OP for indulging in Unfair Trade Practice and deficiency in service under the provision of CP Act 2019.
• That the directions be issued to the OP Bank to refund the amount charged illegally of Rs.531/- for non-functional card and to issue a working Debit Card as per the request made time and again.
• To pay compensation of Rs.200000/- for mental torture and willful physical harassment and financial loss of hard earned money deposited and kept by the Bank under the contractual provisions applicable to the Bank deposit as Bank is not trustee of her money. 
• To pay legal expenses of Rs.50000/- for forced litigation. 

4. Notice was issued to the OP and despite of service on 02.08.2022 it did not appear and was proceeded Ex-parte on 11.10.2022. 
5. Complainant had filed evidence and has enclosed following documents as exhibits:

• Letter dated 13.07.2021 address to OP as Annexure 1.
• Details of Account No. 76770100003264 having migrated to OP Bank on 12.09.2020 as Annexure-2.
• Copy of Passbook of the Account No. 76770100003264 showing debit of Rs.177/- on 22.05.2021 on account of Debit Card Fee as Annexure-3.

6. This Commission has heard arguments of the Complainant and perused the record.  No arguments were put forth by the OP, it being ex-parte.
7. The case of the Complainant is that she was having Account No. 603401011001597 with Vijaya Bank originally.  Upon merger of Vijaya Bank with OP Bank this Account was re-assigned as Account No. 76770100003264 by OP Bank.  She was earlier issued Debit Card No. 6078960340122060 by Vijaya Bank which became non-functional and she made written complaint (Annexure-1) to the OP and surrendered the Card also on 14.07.2021 and she claimed reimbursement of the amount deducted on account of Debit Card charges which has not been reimbursed to her. 
8. On perusal of the statement of the Account (Annexure-3), it is observed that the Complainant’s Account No. 76770100003264 was debited on 22.05.2021 on account of Debit Card Fee of Rs.177/- from May 2021 to April 2022 and she surrendered the Debit Card to the OP Bank on 14.07.2021 (Annexure-1).  Hence, her Account was debited on account of Debit Card Fee much prior to her surrendering the Debit Card. 
9. Her grievance is that her Debit Card issued by Vijaya Bank became non-functional however the OP Bank kept on debiting Rs.177/- per year for 3 years amounting to Rs.531/-.  However, this contention of the OP is not supported by any documentary evidence except the debit of Rs.177/- on 22.05.2021 on account of Debit Card charge and that too prior to her surrendering the Debit Card on 14.07.2021.  The Complainant has not made complaint in writing to the OP prior to the above dates nor she has stated the date when her Debit Card became inactive or from which date it was not functional. The issue is as to whether the Debit Card of the complainant was not functional for three years & still charges was being deducted from her account. From the document filed it is no where being reflected in the pleadings since when the said Debit Card was not functional. There is not a single date mentioned when complainant went for availing the service of the Debit Card and such service was declined.
10. Thus from the above, it can be observed that there was debit of Rs.177/- in the account of the complainant on 22.05.2021 and on that date there is no complaint in writing on record by the Complainant about her Debit Card becoming inactive and from which date. 
11. Debiting of charges relating to any Debit Card issued by a Bank is normal procedure for which consent of the account holder is also taken and if he/she has any issue then action should be initiated immediately so that the Debit Card is made inactive and is surrendered.  However in this present case the facts narrated by the complainant are not specific and she is only contending refund of Rs.531/- debited on account of Debit Card charges in her account without giving any documentary proof. The onus to prove that her Debit Card was not allowed to be used on a particular day, lies on her which she has failed to establish.  As far as debit of Rs.177/- on 22.05.2021, the same was prior to her surrending the Debit Card and she has also not submitted any documentary evidence as to whether she was entitled to pro-rata refund of the said amount upon her surrending this Debit Card on 14.07.2021.  However it is also a fact that the complainant requested the OP to issue a working Debit Card on 14/07/2021 which she is entitled to as she is maintaining account with the OP Bank.
12. Hence, this Commission holds that in the absence of documentary evidence the Complainant has not been able to establish deficiency in service on the part of OP as regards deduction of Rs. 531/- in her account as Debit Card Fee. However complainant is entitled for issuance of new Debit Card in her account no. 76770100003264 which OP shall issue within the 30 days from the date of this order as per procedure, if not issued so far on completion of requisite formalities. With these directions the complaint is disposed off. No order as to cost of compensation.    

Copy of the order be supplied/sent to both the parties free of cost as per rules.

File be consigned to Record Room.

Announced on 15.03.2023.