IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 03.03.2014 Date of Hearing: 20.01.2025 Date of Decision: 07.03.2025 FIRST APPEAL NO.- 142/2014 IN THE MATTER OF BRANCH MANAGER, M/S. HDFC BANK LTD., 536, MAHALAXMI BUILDING, CHANDNI CHOWK, DELHI – 110006.

(Through: Ms. Maanya Saxena, Advocate)

...Appellant VERSUS M/S. UPKAR SALES PVT. LTD., (THROUGH ITS DIRECTOR), 1074, NAYA KATRA, CHANDNI CHOWK, DELHI – 110006.

(Through: Mr. Sunil K. Jain & Ms. Reeta Chaudhary, Advocates)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MR. J.P. AGRAWAL, MEMBER (GENERAL)

Present: Ms. Maanya Saxena, counsel for the Appellant.

Email: advmaanyasaxena@gmail.com None for the respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“This complaint has been filed with the allegation that the complainant is having a Current Account bearing No. 02172320017893 with the respondent since 27/12/11. The complainant has various other accounts, current and savings, with the respondent. The respondent issued a letter dated 27/12/11 which has been filed on record as Annexure A-1. The account mentioned above was operated upto June 2013. The respondent without any legal justification started levying high cash deposit charges amounting to total of Rs. 2,36,471/- on the account of the complainant purportedly on the basis of the cash deposits made by the complainant in the current account. A complaint was made to Mr. Rahul Bajaj, the Relationship Manager of the Respondent. It was assured that no bank charges would be levied on the cash deposit in the current account of the complainant. The complainant was never informed about any terms enabling such imposition of cash deposit charges. The respondent has deducted Rs. 44,717.49/- as cash deposit charges for the month of February, 2013 on 17/05/13. On 29/05/13 & 26/06/13 they further deducted Rs. 96,359.39/- and Rs. 95,393.54/- as cash deposit charges for the month of April'13 & May 13 respectively. The account statement has been filed as Annexure A-2. Again Mr. Rahul Bajaj was contacted and again it was assured by him that these amount will be reversed. Mr. Rahul Bajaj has since been transferred from respondent bank the complainant was forced to stop operating the said account due to the irrational conduct of the respondent. Representation was made to the Branch Manager of the respondent for redressal of the grievance of the complainant for reversal of the cash deposit charges illegally imposed but this has not been done so far. It is under these circumstances, the complainant has prayed for the reversal of Rs. 2,36,471/- which has been deducted by the respondent as cash deposit charges alongwith interest @ 18% , compensation of Rs. 5,00,000/- and Rs.1,00,000/- towards legal expenses.

Respondent bank filed brief on 27/09/13 and copy of the complaint was provided to file the written statement on 28/09/13 but no written statement was filed despite the fact that Mr. Umesh Kumar, Adv. of the Respondent was present in the court. They have not also filed any evidence.”

2. The District Commission after taking into consideration the material available on record passed the order dated 16.12.2013, whereby it held as under:

“Heard the Ld. Cl. for the complainant and Sh. Umesh Kumar, Adv. was present for the Respondent and perused the record.

It is contended at the very outset by the Ld. Cl. for the complainant that in the email of the respondent which has been filed on record as Exhibit C-7, the Customer Service Manager of the Respondent Bank has noted that Cash Deposit Charges have been levied in your account in accordance with the terms and conditions of the account. No such document has been filed which empowers the Respondent Bank to allow the levy of Cash Deposit Charges. Exhibit C-1 is the letter of the Respondent Bank which is dated 27/12/11 acknowledging the opening of the account and