DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Amit Mendiratta (NRI) s/o Sh. Prem Mendiratta, resident of 4219, Browns Boro Glen Road, Louisville, Kentucky, USA, through his duly constituted/ appointed Attorney Sh. Ram Avtar Sakuja s/o Sh. Ram Lal Sakuja, R/o # 3393, Sector 35-D, Chandigarh.

                                                                   ---Complainant

Vs

[1]      M/s HDFC Bank Limited, NRI Services, SCO No. 61-62-63, Sector 9, Chandigarh, through its Branch Manager.

[2]      M/s HDFC Bank Limited, Plot No. 28, Industrial Area, Phase-I, Chandigarh, through its Zonal Manager.

[3]      M/s HDFC Bank Limited, Senapatti Bapat Marg, Lower Parel (West), Mumbai, Maharashtra – 400013, through its Managing Director.

---- Opposite Parties

BEFORE:          SH.LAKSHMAN SHARMA                PRESIDENT

MRS.MADHU MUTNEJA              MEMBER

                    SH.JASWINDER SINGH SIDHU                    MEMBER

Argued By:       Sh. Arun Dogra, Advocate for the Complainant.

Sh. C.S. Pasricha, Advocate for the Opposite Parties.

PER MADHU MUTNEJA, MEMBER

1.                 The instant complaint relates to a bank fraud committed by the Branch Manager of the Opposite Parties against which the Complainant has already been compensated.

                    Briefly stated, the Complainant was an NRI account holder of the Opposite Parties. He also had fixed deposits worth over Rs.1.02 Crores in the Bank. As per the Complainant, the Bank Manager fraudulently withdrew Rs.50.00 lacs from the fixed deposits of the Complainant. The case of fraud was discovered on 16 April, 2010, when the Complainant was in India, but was scheduled to return to USA. As per the Complainant even though the amount was credited back to his account, there was delay and denial by the Opposite Parties, besides harassment caused to him, due to which the Complainant has claimed reliefs for travelling expenses, Interest loss and salary loss. The total claimed amount is Rs.4.79 lacs. In addition, the Complainant has also demanded Rs.15.00 lacs as punitive damages due to harassment. The Complainant has attached all correspondence exchanged between him and the Opposite Parties with regard to the fraud committed by the Bank Manager. 

2.                 After admission of the complaint, notices were sent to the Opposite Parties.

3.                 Opposite Parties in reply have stated that the Complainant had friendly and personal relationship with Sh. Rajinder Bhateja, who was one of the officers of the Bank, who has since been removed on the ground of fraud. This employee withdrew a sum of Rs.50.00 lacs from the accounts of the Complainant by fraudulent means. The bank made efforts and detected the fraud, recovered the entire money and refund the amount to the Complainant, within a period of 3 weeks from the date of complaint/ detection of fraud. The interest due on the said amount was also credited in the account of the Complainant.    

                    On merits, while reiterating the contention given above, Opposite Parties have also denied the alleged delay in crediting the money to the account of the Complainant or any financial damage caused to him They have also stated that there was no need for re-booking of tickets or loss of salary due to leave extension. Stating that the claim against the Bank is totally baseless, Opposite Parties have prayed for dismissal of the Complaint. The Opposite Parties have attached the F.I.R. lodged in the case, copy of which is at Annexure R-1.

4.                 In the affidavit of Sh. R.A. Sakuja, who is the GPA of the Complainant, the personal relationship with Sh. Rajinder Bhateja and the Complainant is denied. They have also reiterated the averments in the complaint and the fact that the Complainant has suffered a loss in the interest of the FDR, besides loss of ticket of flight which he could not board on account of the fraud. 

5.                 Parties led evidence in support of their contentions.

6.                 We have heard the learned counsel for the parties and have perused the record.

7.                 It must be pointed out that the claim of the Complainant is with regard to an action of an officer of the OP-Bank acting beyond his duty. The Opposite Parties had already made good the loss suffered by the Complainant.

                    The basic contention of the Complainant is that due to a bank fraud a sum of Rs.50.00 lacs was withdrawn from his fixed deposits which caused him immense damage. As per the contention of the Opposite Parties which has been admitted by the Complainant this amount was returned to the Complainant along with interest. The only difference is that as per the Complainant the initial FDR rate was 7% p.a. but the new FDR rate given to him is 6.5% p.a.  The Opposite Parties in reply to this contention have not said anything, therefore, this averment of the Complainant goes un-rebutted. No other financial loss has been mentioned or proved. Hence, in our opinion, only an interest of half percent for the relevant period of gap before the credit of the amount back to the Fixed Deposit Account of the Complainant needs to be paid by the Opposite Parties to the Complainant.

8.                 The Consumer Forum is a Forum where damages for the actual injury/ loss suffered by a person are computed and given. No consequential damages beyond the actual loss caused can be given.  The travel expenses and salary demanded by the Complainant being consequential losses are not within the purview of the District Forum and hence cannot be ordered to be paid.

9.                We accordingly allow this complaint in favour of the Complainant and direct the Opposite Parties to refund half percent interest on Rs.50.00 lacs for the period of gap which is approximately 3 weeks. Hence, the interest at the rate of half percent  for the exact number of days be calculated and credited to the account of the Complainant within 30 days of receipt of this order. No costs.

10.               Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

12^th April,  2012.                                                

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(MADHU MUTNEJA)

MEMBER

Sd/-

 (JASWINDER SINGH SIDHU)