Hi, First of all, request you to please read the whole detail. I request you to share what prospects do I have in this case.
This pertains to one of the private banks like ICICI or say HDFC. I had a bank account with this bank for 4 years now. I opened that account as Salary bank account and initially salary used credit in this account. However, after two years my job got changed and hence salary stopped getting credited and the status of account got changed to normal where I was supposed to maintain Minimum quarterly balance. For two years I maintained the balance. I also had one personal loan account with this bank. During this course, I got that linked with bank account for easy ECS. I repaid all instalments in time for that loan and that that loan got over in August 2012.
Now, since I didn't had any purpose to keep the account, I submitted a account closure application with bank branch in the format they asked me to furnish on, date 2nd November 2013. They issued me a acknowledgement as well duly stamped. The same clearly stated the timeline to close the account is 7 working days. It is worth mention that I submitted the application while standing in the queue. I was that 5th person in queue and when my turn came, few bank agents same directly to receptionist/may I help you counter and submitted their papers and the lady on the counter accepted them before my application (I call it deficiency in service - and I can prove this using the banks CCTV only). Further, in line with my application, on 4th Dec 2013, I visited the branch to enquire about the status of my application. I was told by the same receptionist that account is not closed. Reason she gave that my loan account is linked to the account and hence I need to place to delink the loan account and then account can be closed. I cam back from bank without doing anything further.
My point is that, I didn't receive any written communication in reply of my application. How would I know what needs to be done and what not? Again, its clear deficiency in service that bank never responded back to my application even till date. Second, loan and bank account are two different products, how can they not honour the request which is made specifically to one product.
Now, in the month of April, I wrote an email to Nodal officer of this bank together with Board of director asking about the status of my application. I never wrote any email to any junior officer or bank or branch. In consequence of my email to nodal officer and BOD, bank branch receptionist called me to resolve the matter. She offered me to write a fresh application and promised to close the account same day but I refused. Few hours later, branch manager called me and apologized for all what happened and he also requested me to resubmit the application and assured the account will be closed same day. I accepted the proposal saying send someone from BOD to my house in BMW. He will apologize in writing and he may request fresh application, which I will sign. I also made the reason very clear to them why I need BOD to come over – pick up boy is any way not bank employee and what branch manager did with the original application is evident from the facts of the case, so someone who can take charge of application should come.
However, the fact is that I never asked any junior official to call me or settle the matter. I wrote to Nodal officer and BOD, they kept replying we will get back to in 3 working days and so on for days and then finally on 2nd May, 14, I received a email stating the account is closed. On same day, I received a cheque for Rs. 66.19 as full and final payment.
Points worth noticing here are, bank closed the account on 1 may 2014, when they don’t have the original application with them as they were continuously asked me to resubmit. They misplaced original application.
Now, all above was deficiency in service at every step.
Coming to criminal side of it.
I received a cheque for Rs66.19 as full and final on 2nd may for account closed on 1st May, 14. My statement for the month of March showed balance on 30th mar , 14 as Rs. 8. Interest received till march Rs 58.19 and hence balance is Rs 66.19 which is paid as full and final on may 1, which is account closure date. My question is, isn’t bank showing criminal intent to not to pay one month interest from 1 April 14 to 1 may 14? How can they settle a account without assessing the interest factor – no matter how small or big it is?
One other instance was a year back with NEFT. I had Rs 20000 in the account and I had to transfer 1000 to other account. Bank should have levied NEFT charges Rs5 on same day or max next day but this bank didn’t. My bank account showed a clear balance of Rs 19000 for one month. I issued a cheque for Rs 19000. Now bank played their trick. They debited Rs5 from account immediately before presenting the cheque and then presented the cheque which was dishonored for insufficient funds and then both banks levied Rs 300 on my account.
All respected lawyers on this community, I solicit your views and my chances of getting a HEFTY compensation from consumer court or should I take this matter to civil or criminal court to teach this bank a lesson. Not because this has happened with me but it is happening with all. Bank has failed to establish a robust internal control as required by RBI. Bank also failed to use KYC information to inform customer about the status of application. And lastly also failed to calculate the interest correctly which is basic service. I was under pressure for all these months as they could have levied minimum balance charges and on my failure to pay those, they would have sent my details in CIBIL where I don’t have any say.
I believe, RBI with all banks decides what should be the charges for customers. Now when we see clear failure of RBI and bank, courts together with customers should define hefty charges for both RBI and bank.
