DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.565/2008

Prasant Kumar Behera, aged about 35 years,

S/o Muralidhar Behera, At – L-192,

Baramunda Housing Board colony, Baramunda,

Bhubaneswar, Dist - Khurda

                                                                             ….     Complainant

                        -Vrs.-

1. HDFC Bank Ltd.,  Retail Asset Division,

Junction of Janapath and Gandhi Marg,

Unit – 3, Kharvela Nagar, Bhubaneswar,

Through its Collection Manager.

2. HDFC Bank Ltd., Retail Asset Collection,
4.  
5.  

Andheri (E), Mumbai – 400072

                                                                             ….     Opp. Parties

For the complainant      :         K.C.Prusty (Adv.)

For the O.Ps                            :         Sri D.P.Tripathy & Associates (Adv.)

DATE OF FILING         :         01/12/2008

DATE OF ORDER        :         11/07/2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he had incurred a personal loan of Rs.13,500/- from the OP.1. He had to repay the loan in 24 installments. As is contended by the complainant, the OP.1 withdrew Rs.24,330.58 from his Saving Bank account on 13/10/2008 without any reason and intimation to the complainant. As it is an arbitrary action on the part of the OP.1, he may be directed to credit the said amount to the S.B. Account of the complainant. Hence this case.

3.       On the other hand, the  OP.1  filed written version contending therein that it had withdrawn the said amount of Rs.24,330.58 from the S.B. Account of the complainant in exercise  of  its right of general lien as the bankers do have in every case.  As the complainant did not repay the installments of the loan amount in time, in order to liquidate the loan amount, the OPs had exercised the right of general lien and withdrawn Rs.24,330.58  from the S.B. Account of the complainant. The complainant has no cause of action and as such, the complaint  is liable to be dismissed with cost.

4        Perused the materials on record.  As per the terms of the agreement, in case of default on the part of the complainant  in repaying the debt, the OP.1  (Bank) has the right of lien on the Saving Bank Account of the complainant. The OP.1   has exercised its right of lien  in accordance with the terms & conditions of the agreement. As such, the complaint bears no merit. Hence it is ordered.

ORDER

The complaint is  hereby  dismissed on contest  against the OPs    without  cost.

The order is pronounced on this day the 11^th July,  2022  under the seal & signature of the President and Members  of the Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                             I agree

(S.Tripathy)                                                                            (B.R.Swain)

Member (W)                                                                              Member

Transcribed by Smt. M.Kanungo, Sr.Steno