PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                 CONSUMER COMPLAINT NO. 129/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Lokanath Mohanty, Aged about 42 years

S/o-Sarat Chandra Mohanty,

R/o-Dhanupali, Po/PS-Dhanupali,

Tahl/Dist-Sambalpur.                                            …………….......Complainant.

Vrs.

1. Branch Manager, HDFC Bank Hirakud Branch,

Po/Ps-Hirakud, Dist-Sambalpur-768016.

2. Branch Manager, Head Quarter HDFC Bank Golebazar Branch,

Ps-Town, PO.Dist-Sambalpur-768001.

3. Regional Manager, HDFC Bank, Bank House,

Infocity Bhubaneswar-751021.

4. Head of Central Team HDFC Bank Ltd.

HDFC Bank House Bapat Marg, Lower Parrel,

Mumbai West-400013...…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. N.Suna & Associates
2. For the O.P.No.1                :- Sri. A.K.Sahoo, Adv. & Associates
3. For the O.P.No.2 to 4         :-Ex-parte

Date of Filing:09.04.2024,  Date of Hearing :15.07.2024,  Date of Judgement :02.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is having an account in O.P.No.2 Branch Bank. On 26.07.2023 P.S. Case No. 148 dated 26.07.2023 u/s 294/386/506 IPC was initiated by Hirakud P.S. and the Complainant was forwarded  to court. The Complainant could not operate the account till return 27.03.2024. The Complainant returned from Jail custody when on 27.03.2024 the went to O.P.No.2 Bank and found that the account has been freezed and on enquiry ascertained that Hirakud police mailed the Bank to freeze the account. It was difficult for the Complainant to maintain his family due to such act of the Bank. The Complainant has taken loan from neighbours amounting to Rs. 3.00 lakhs.
2. The O.P.No.1 in reply submitted that the Complaint is not maintainable. The Complainant suppressed material facts. The Complainant is having an account with O.P. Bank. On 25.10.2023 at 12.43P.M. the bank received one notice u/s 92 and 102 cr. P.C. from Inspector-in-charge Hirakud police station in P.S. Case No. 148 dated 25.07.2023 u/s 341/294/386/506 IPC. The Bank provided account statement as per direction in A.C No. 50100164898900 from 01.01.2023 to up-date and KYC details. The Bank was requested to freeze the account until further instruction and submit certificate under section 2A of Banker’s Book of Evidence Act. Bank freezed the account. There is no deficiency on the part of O.P. Bank.
3. The Complainant filed account statement in A/C No. 50100164898900 Branch Sambalpur, messages of the Bank and extract of order in CMA 30/2024 out of Hirakud P.S. Case No. 148 dated 25.07.2023 corresponding to G.R.Case No. 475/2023 passed by J.M.F.C-I, Sambalpur on 27.05.2024 and treatment details of the Complainant.

The O.P. Bank filed notice u/s 92 and 102 Cr. P.C. issues by Inspector Srikant Sahu dated 25.10.2023.

4. Perused the documents filed by the parties. The Complaint brought this case alleging deficiency in service of the Bank by freezing his account without any fault of the Complainant. Hirakud P.S. case No. 148 dated 25.07.2023 has been initiated u/s 341/294/286/506 IPC. The case is a cognizable case. The Complainant has not filed the copy of F.I.R. and statement of the witness collected by Police u/s 154 Cr. P.C.

The case initiated by Hirakud Police is a case of extortion and as per section 102Cr. P.C the police officer has power to seize certain property. As per direction of the Hirakud Police the account number 50100164898900 has been freezed and certificate was submitted by the O.P. as per law. As a Banker the O.P. Bank has performed its duty.

From the Notice it reveals that the Complainant is involved in several cases in Sambalpur as well as other district and collecting money by impersonation. From order dated 27.05.2024 of the J.M.F.C.-I Sambalpur in G.R. Case No. 475/2023 it reveals that two mobiles OPPO-F-19-PRO bearing IMEI No. 863782052851853 and 863482052851846 with installed Sim Card No. 8895110001 and another second hand mobile APPLE-1 phone 6S with sim card No. 8895110001, HDFC Bank debit Card No. 5419190413701161 along with cash amounting to Rs. 6300/- was seized by police. The learned JMFC-1, Sambalpur rejected the petition of Complainant u/s 457 Cr. P.C to release the cash, where as the seized two mobiles were released in interim Zima of the Complainant with certain condition executing the indemnity bond.

There is no any order issued by the JMFC-I, Sambalpur regarding operation of the A.C No. 50100164898900. As the trial is in progress and the police has taken steps for freezing the account, as per direction of the police the Bank has taken appropriate step by freezing the account the Bank is not deficient in service. Accordingly, following order is passed.

ORDER

The Complaint is dismissed on contest against the O.Ps. The Complainant is at liberty to take appropriate steps under law for release of the account seized by the police. No cost and compensation.

Order pronounced in the open court on 2^nd day of Sept. 2024.

Supply free copies to the parties.