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Ramesh Chand Vs. H.D.F.C. Bank - Court Judgment

SooperKanoon Citation
CourtDelhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided On
Case NumberFirst Appeal No. 2010 of 183
Judge
AppellantRamesh Chand
RespondentH.D.F.C. Bank

Excerpt

consumer protection act, 1986 - section 15 - comparative citation: 2010 (3) cpj 165.....from record that complainant has received a letter dated 27.4.2009 from op which inter alia mentioned that ‘during the said review, it was observed that transaction volumes in your account with respect to cash withdrawals/deposit and for cheque deposited/issued are very high and not commensurate with the business conducted with the bank. with a view to understand the need for such high volume, you are requested to visit the branch with details of the nature of transactions, source of funds, pan card and other banking relationship you may have. please contact your branch manager with details of the same within 15 days of the date of this letter.” it seems complainant did not take any action to the queries raised by op. 4. that is what brings the appellant complainant in appeal here. 5. we have heard the complainant in person at the preliminary stage of admission. 6. we are wholly in agreement with the conclusion arrived at by the district forum. the only thing we would like to add in furtherance of the finding of the district forum is that the bank had offered the service of direct banking channel to the complainant and he could have utilized the same. the op.....

Judgment

Barkat Ali Zaidi, President (Oral):

1. The complainant had a saving bank account in Krishna Nagar Branch of OP HDFC Bank. The manager of the OP Bank on 19.4.2009 telephoned the complainant to close his account. The complainant had issued some cheques and on 27.4.2009 when he went to Yamuna Vihar Branch for depositing some cash they declined to deposit it saying that he should approach Krishna Nagar Branch where the complainant has his account but that branch too refused to deposit the amount informing him that his account was closed. He thereafter approached the Bank Manager who issued him a notice on 27.4.2009 asking him to provide the bank certain details and thereafter on 19.5.2009 wrote to the complainant to utilize direct banking channels for utility payments, cash deposits/withdrawals and fund transfers, but declined to re-activate the account. The complainant therefore filed a complaint before District Forum against the OP Bank.

2. The OP Bank opposed the claim and filed written statement pleading that as provided under the RBI Anti Money Laundering Guidelines, the Bank had conducted a review of all the accounts and observed that the volume of transactions in the account of the complainant with respect to cash withdrawals, deposits and cheque deposits, issued is very high and does not commensurate with the business conducted with the Bank.

3. The District Forum dismissed the complaint of the appellant by passing the following order:

“We heard the arguments of both the parties and also gone through the records carefully. It is noted from record that complainant has received a letter dated 27.4.2009 from OP which inter alia mentioned that ‘during the said review, it was observed that transaction volumes in your account with respect to cash withdrawals/deposit and for cheque deposited/issued are very high and not commensurate with the business conducted with the Bank. With a view to understand the need for such high volume, you are requested to visit the branch with details of the nature of transactions, source of funds, PAN card and other banking relationship you may have. Please contact your Branch Manager with details of the same within 15 days of the date of this letter.”

It seems complainant did not take any action to the queries raised by OP.

4. That is what brings the appellant complainant in appeal here.

5. We have heard the complainant in person at the preliminary stage of admission.

6. We are wholly in agreement with the conclusion arrived at by the District Forum. The only thing we would like to add in furtherance of the finding of the District Forum is that the bank had offered the service of direct banking channel to the complainant and he could have utilized the same. The OP therefore cannot be faulted for its attitude in closing the account in the circumstances.

7. In the result, the appeal is dismissed in limine.

8. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.

Appeal dismissed.


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