State Consumer Disputes Redressal Commission
H D F C Bank Ltd vs Smt. Shashi Prabha Gupta on 31 October, 2022
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2769/2018 ( Date of Filing : 12 Dec 2018 ) (Arisen out of Order Dated 06/11/2018 in Case No. C/87/2017 of District Jyotiba Phule Nagar) 1. H D F C Bank Ltd Through the Branch Manager Branch Office at Joya Amroha ...........Appellant(s) Versus 1. Smt. Shashi Prabha Gupta W/O Sri Vijay Prakash Gupta R/O Village and Post Saidnagli Distt. Amroha ...........Respondent(s) BEFORE: HON'BLE MR. SUSHIL KUMAR PRESIDING MEMBER HON'BLE MR. Vikas Saxena JUDICIAL MEMBER PRESENT: Dated : 31 Oct 2022 Final Order / Judgement ORAL State Consumer Disputes Redressal Commission U.P. Lucknow. Appeal No. 2769 of 2018 HDFC Bank Ltd. through the Branch Manager, Branch Office at Joya, Amroha. ...Appellant. Versus Smt. Shashi Prabha Gupta w/o Sri Vijay Prakash Gupta, R/o Village & Post, Saidnagli, District. Amroha. ....Respondent. Present:- 1- Hon'ble Sri Sushil Kumar, Presiding Member. 2- Hon'ble Sri Vikas Saxena, Member. Sri Brijendra Chaudhary, Advocate for appellant. None for the respondent. Date 31.10.2022 JUDGMENT
Per Sri Sushil Kumar, Member- This appeal has been filed against the judgment and order dated 6.11.2018 passed by the District Consumer Forum, Amroha in complaint case no.87 of 2017, Smt. Shashi Prabha Gupta vs. HDFC Bank Ltd., whereby the ld. District Forum allowed the complaint and directed the opposite party to pay Rs.6373.00 to the complainant within 30 days. The ld. District Forum further directed to pay Rs.3000.00 as cost of litigation and Rs.2000.00 as compensation for mental torture and agony.
This judgment is challenged on the ground that as per the condition of the account opening form, it is clear that account holder have to maintain average quarterly balance which is Rs.25,000.00 and if the account holder fails to maintain the quarterly balance of Rs.25,000.00 then Rs.1,000.00 per quarter are chargeable. The complainant/ account holder failed to maintain the account as per prescribed condition, therefore, the bank is entitled to charge due to failure to maintain average quarterly balance.
We have heard the counsel for the appellant only. None present for the respondent and have gone through the judgment and the evidence available on record.
(2)As per the case of the complainant, she is account holder of the opposite party bank. The complainant is a senior citizen and at the time of opening account as per the condition minimum balance which was to be maintained Rs.5,000.00 not Rs.25,000.00 and the bank had not given the advantage of senior citizen. Considering this fact, the ld. District Consumer Forum allowed the complaint and directed the appellant HDFC Bank Ltd. to pay Rs.6373.00 as mentioned above.
Ld. Counsel appearing for the appellant drew out attention on the document no.28, according to which minimum amount must be maintained Rs.25,000.00 in the savings bank account and in not maintaining the average quarterly balance, Rs.1,000.00 per quarter are chargeable but as per the finding of the ld. District Forum appellant bank never allowed the benefits of the senior citizen to the respondent/complainant. Senior citizens are entitled to get the benefits and are required to maintained their account upto Rs.5,000.00 regularly, not Rs.25,000.00 as stated by the appellant bank. Therefore, we do not find any reason to interfere in the findings of the ld. District Consumer forum. The appeal deserves to be dismissed.
ORDER Appeal is dismissed.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Vikas Saxena) (Sushil Kumar) Member Presiding Member Judgment dated/typed signed by us and pronounced in the open court. Consign to record. (Vikas Saxena) (Sushil Kumar) Member Presiding Member Jafr, PA II Court 2 [HON'BLE MR. SUSHIL KUMAR] PRESIDING MEMBER [HON'BLE MR. Vikas Saxena] JUDICIAL MEMBER