• Current Account

I have current account in SBI Bank ( Shimla) . I haven't done any transaction since 2020.I live outside India. Now when I visited branch and asked them to close the account they said that i have to pay Rs 22000/ as penalty for not maintaining minimum balance. I dont understand that when there is no transaction from so many years then why didn't the bank closed the account or made it dormat. Can you please give me legal advise on this matter
Asked 1 year ago in Civil Law

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7 Answers

ask bank to furnish basis on which penalty of Rs 22,000 has been levied 

 

2) ask for detailed break up of penalty amount 

 

3) If you go below the minimum balance in your account, you will be charged a penalty or a fee for non-maintenance of the minimum balance. The charges for non-maintenance of minimum balance vary from bank to bank.

Ajay Sethi
Advocate, Mumbai
97442 Answers
7874 Consultations

It is the banking rules that a penalty amount to be collected from the account holder if minimum balance amount was not maintained.

Account becoming dormant for non operation is different to that of the penalty to be paid for not maintaining minimum balance.

However the amount seems to be bit exorbitant, hence you can demand the accounts break up giving details of the penalty they have charged from the beginning till this date.

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

- According to the Reserve Bank of India , if you do not make transactions such as withdrawing cash at an ATM/branch, transferring funds, paying via cheques, etc., your savings/current account will become dormant.

- Further, the bank can also charge certain amount for not operating the account, and further for doing any transaction related to that account , the account holder has to pay the charges claimed by the bank.

- If you having no fund in the account , then no need to active that account for closing purposes . Better send an application to the said branch to close the account . 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

Give them written application to close the account or notice through advocate. Don`t pay anything, no repercussion.

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

If you have not maintained minimum balance than you have to penalty, but after two years of not using for any transaction status will change in dormant.

 

As per RBI notification 2009. See below rule.

 

"(iv) A savings as well as current account should be treated as inoperative / dormant if there are no transactions in the account for over a period of two years. The accounts which have not been operated upon over a period of two years should be segregated and maintained in separate ledgers."

 

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

Banks typically have policies in place regarding minimum balance requirements and penalties for not maintaining them. It's important to note that these policies can vary between banks.

 

Here are some steps you can consider:

 

Review Bank Policies: Look into the terms and conditions of your SBI account to understand their minimum balance requirements and penalty charges. These should be outlined in your account agreement.

 

Contact Bank Officially: Request a detailed explanation from the bank in writing for the charges and why they were not closed or made dormant. Make sure to keep records of all correspondence.

 

Negotiate: Try negotiating with the bank to waive or reduce the penalty, especially if you are closing the account. Sometimes, banks may be willing to work with customers in such cases.

 

Consult Legal Advice: If the bank doesn't provide a satisfactory resolution, you may want to consult with a lawyer who specializes in banking or consumer law to explore your legal options.

 

Complain to Regulatory Authorities: In India, you can also consider filing a complaint with the Banking Ombudsman, who handles customer complaints against banks. The Banking Ombudsman is appointed by the Reserve Bank of India (RBI).

 

It's essential to keep all documentation related to your account and any interactions with the bank. Bank policies and regulations can change, so consulting with a legal expert who can provide advice specific to your situation is advisable.

 

 

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

Once it becomes dormant the bank can’t impose any charges on the said account 

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

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