DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 906/2017
D.No.________________________ Date: ________________
IN THE MATTER OF:
VIBHAS KUMAR JHA,
S/o SH. RAM BALAK JHA,
R/o H. No. 272, NAHARPUR,
SECTOR-7, ROHINI, DELHI-110085.… COMPLAINANT
Versus
1. KOTAK MAHINDRA BANK,
THROUGH ITS BRANCH MANAGER,
BRANCH OFFICE AT: BLOCK No.H-3,
PLOT No.22, SEC.-18, ROHINI,
DELHI-110085.
2. KOTAK MAHINDRA BANK,
THROUGH ITS MANAGING DIRECTOR,
REGD. OFFICE AT: 27 BKC, C-27,
G-BLOCK, BANDRA KURLA COMPLEX,
BANDRA (E), MUMBAI-400051. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.11.2017
Date of decision:04.11.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging
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that on 02.06.2017, the complainant received an e-mail from OP for opening the online Bank Account with the help of Aadhar card without visiting the bank and the complainant opened the online bank account through hisAadhar card no. 246703966290 vide customer relation no. 217681177 & account no. 1712535439 and the e-mail ID and mobile number of the complainant has been verified on 03.06.2017 and after some days due to multiple wrong password entered the net banking password was locked on 05.06.2017. On 06.06.2017, the complainant made request for new net banking password which was not generated through online net banking, however, despite several requests and calling the bank customer care no. 18602662666 never picked the phone till date and the complainant has received physically net banking password at his residential address only and net banking password receipt through procure courier vide dispatch no. 3037769807 and bank letter dated 07.08.2017. On 27.06.2017, the amount of Rs.105/- credited in the account of the complainant as subsidy from Hindustan Petroleum Ltd. and the amount has been credited in the account no. 1712535439 of the complainant without the permission from the complainant. On 03.07.2017, the complainant received a call from the bank for completion of KYC formalities which was scheduled on 04.07.2017 and the executives of the bank came on 04.07.2017 at the premises of the complainant and physically verified the identity proof, PAN card, signature and
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address proof of the complainant and the executive of the bank namely Sh. Deepak handed over the receipt for same to the complainant. On 05.07.2017, the complainant sent online request for issuance of cheque book of 50 leaves which was received by the complainant on 08.07.2017 at his premises. On 14.07.2017, the complainant has received e-statement at his e-mail and after some days the complainant suddenly found that his account has been frozen/locked due to address and identity verification and the complainant tried a number of times for calling the toll free no. 18602602666 but it was never connected to customer care executive then the complainant lodged the complaint on the website of the bank. On 26.07.2017, service request no. 043-493 dated 06.07.2017 has been registered and replied on 27.07.2017 mentioning that “your account has been total debit freeze due to address issue and requested to visit any nearest branch for activation of your account” which was replied back on 27.07.2017 itself but no response has been given by executive of the bank till date even the complainant has also sent e-mail dated 27.07.2017 which was registered as service request no. SR#17419446628 which has been rejected without mentioning any reasons vide e-mail dated 27.07.2017 itself. On 29.07.2017, when the complainant again received a message from the bank that the LPG subsidy amount has not been credited in account of the complainant then on 01.08.2017, the complainant visited as per the
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e-mail dated 27.07.2017 of the bank to nearest branch at F-19/12, Sector-8, Rohini, Delhi which is hardly 500 meters from the residence of the complainant, the complainant met the manager who assigned the work to Ms. Reetu (i.e. bank’s executive) to look the problem of the complainant and she checked the account of the complainant and said to the complainant “you have to visit Sec-18 branch which is your home branch, we cannot defreeze your account as we don’t have permission to do so” then the complainant showed her e-mail dated 27.07.2017 sent by the bank for visiting any nearest branch to defreeze/unlocked the account but Ms. Reetu was very rude and disgusting female who said to the complainant “we do have permission to access your account, we cannot help you, you have to visit Sec-18 branch for redressal of your grievances” even the complainant asked her to close the account but she refused to do so. The complainant further alleged that he is resident of H. No.272, Naharpur, Sector-7, Rohini, Delhi which is hardly 500 meters distance from the residence of the complainant at Sector-8, Rohini branch but Sector-18, Rohini, Delhi branch but Sector-18 branch is about 5 KMs distance from the residence of the complainant which is not feasible to go to the Sector-18 branch for any grievances redressal and if once the address has been verified by the bank staff then why again and again the bank officials are harassing and mentally torturing the complainant for identity verification and address verification.But
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till date neither any executive was visited nor the problem of the complainant was solved and the complainant further alleged that which shows clear cut deficiency in service on the part of OP.
2. On these allegations the complainant filed the present complaint praying for direction to OP to defreeze/unblock the account no.1712535439 of the complainant and release amount credited in the account as well as compensation of Rs.5,00,000/- for causing mental agony, physical harassment.
3. Notices to OPs were issued through speed post for appearance on 16.03.2018, 04.06.2018 and as per track report OP-1 has been served on 04.06.2018 and as per track report OP-2 has been served on 15.10.2018 but none has appeared on behalf of OPs and as such OP-1 & OP-2 were proceeded ex-parte vide order dated 04.06.2018 & 18.12.2018 respectively.
4. In order to prove his case, the complainant filed his evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of his Aadhar card, copy of voter ID card, copy of bank letter dated 07.08.2017, copy of receipt by the executive dated 04.07.2017, copy of first page and copy of cheque book issued by OP, copy of e-mail communication between the parties, copy of online receipt blocked status of bank account no.17122535439 and copy of legal notice dated 11.08.2017 sent by the complainant through his Counsel to OP by Regd. Post.
5. This forum has considered the case of the complainant in the light
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of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, despite receiving notice from this Forum, OP have not bothered to answer the case of the complainant. It shows that OP has no defence at all in its favour. Moreover, issuance and sending of cheque book by OP through post clearly shows that there was no need for personal verification of residence address of the complainant by the executive of OP. Moreover, on this point also the complainant has not to be blamed. It seems that without any sufficient reasons OP has blocked and frozen the account no.1712535439 of the complainant. Accordingly, OPis held guilty of deficiency in service.
6. We, accordingly, direct OP as under:
i) To defreeze/unblock the account bearing no.1712535439 of the complainant and release amount credited in the said account.
ii) To pay to the complainant an amount of Rs.10,000/- towards compensation for causing mental agony and harassmentwhich includes litigation cost.
7. The above order shall be complied by OP within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment.
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If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 4thday of November, 2019.
BARIQ AHMED USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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