In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 16 / 2012 .
1) Biman Dutta,
I-96, Rameshwarpur Road,
Kolkata-24, P.S. Garden Reach. ---------- Complainant
---Versus---
1) Archita Biswas,
HDFC Bank Ltd.
CCO Place – Tower Place -DFC BA3A Actor Area,
2A, 3rd floor, Block No.2/F/2, Kolkata-700166.
2) Ravi Show, HDFC Bank Officer,
HDFC Bank, Ground Floor,
New Alipore, Kolkata-53, P.S. New Alipore. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 10 Dated 12/10/2012.
The petition of complaint has been filed by the complainant Biman Dutta against the o.ps. Archita Biswas, and another. The case of the complainant in short is that complainant is an account holder of HDFC Bank, his account no. is 0040105011589, even he is a ‘00’ balance account holder of HDFC Bank. Complainant is worker of Kail Ltd. when he opened is salary account then his company’s name was Kitchen Appliance India Ltd. he opened his HDFC Bank account beginning of the 2005 and also bank issued a silver credit card. Complainant operated the said account with good manner. On perusal of norms and manner of the said credit facility o.p. bank of the application n of complainant extend the credit card on Rs.48,000/- C.C. no.4346781002163350.
On the perusal of norms and manner of the said credit facility o.p. bank on the application of complainant granted a Jambo cash loan Rs.1,20,000/- C.C. no.4346770000263478. Complainant paid total amount to Rs.61,460/-. On and from 2009 complainant became financially weak due to h is financial stringency the credit card could not be fully operated and taking such advantage bank hold the said account. The said credit card paid total amount of Rs.31,735/-.
Mr. Ravi Show, HDFC Bank Officer convened a meting and tried to settle the matter, a settlement was held and there was a settlement. It was settled that the complainant has to pay Rs.25,000/- in place of Rs.48,000/-. Accordingly, another bank representative by 10 installments received from complainant a sum of Rs.25,000/-, but have not granted any receipt. Complainant paid the amount on good faith.
Thereafter, till now o.p. bank raising its bill on various motive way and without furnishing account in settlement. And complainant demanded the statement on o.p. but o.p. did not hear the request of complainant.
Complainant on different date met with bank officer, but no result come fourth. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Both o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case on the plea that the instant case has been filed without any valid reason and/or basis and there is no deficiency of service on the part of o.ps. as has been alleged by complainant and complainant has got no cause of action against the o.ps. and complainant is not at all entitled to relief sought for by them. Ld. lawyer of o.ps. in the course of argument submitted that the instant case has got no merit and is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. On careful scrutiny of the record and having due regards to the findings made above we find that o.ps. have not come forward to rebut the evidence and averment of the complainant by producing any valid and cogent documentary and/or oral evidence nullifying the claim of the complainant and we are of the views having due regards to the entire materials on record that o.ps. had sufficient deficiencies on their part being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to settle the dispute within 45 days from the date of communication of this order, failing which complainant shall have the liberty to put the award into execution for its compliance. O.ps. is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
