Chandigarh

DF-I

CC/226/2015

Deepak Garg - Complainant(s)

Versus

Branch Manager, HDFC Bank - Opp.Party(s)

Gaurav Saini

07 Oct 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                                     

 

Consumer Complaint No.	:	CC/226/2015
Date of Institution	:	10/04/2015
Date of Decision	:	07/10/2015

 

 

Deepak Garg s/o Sh. Jaswant Rai Garg resident of D-58, Panchsheel Enclave, Bishanpura, Zirakpur.

…..Complainant

V E R S U S

1.      Branch Manager, HDFC Bank, Branch-NAC Manimajra.

2.      Branch Manager, HDFC Bank, Branch – Gujranwala, Ring Road, New Delhi.

……Opposite Parties

 

 

QUORUM:	P.L.AHUJA	PRESIDENT
	MRS.SURJEET KAUR	MEMBER

                               

                                               

                       

ARGUED BY	:	Sh. Gaurav Saini, Counsel for complainant
		Sh. Sunil Narang, Counsel for OPs

                       

                 

PER P.L.AHUJA, PRESIDENT

1.         Sh. Deepak Garg, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against the Branch Manager, HDFC Bank and another, Opposite Parties (hereinafter called the OPs), alleging that he had opened a savings bank account No.04351000051541 with the HDFC Bank, Branch NAC Manimajra about 6 years back. 

                According to the complainant, he ran into a matrimonial dispute with his wife and the relationship between them was severed and both of them were living separately since November 2013. The complainant has averred that in February 2015, he came to know that the OPs had illegally issued the statements of his account to his wife against the norms of fiduciary relationship shared between him and OPs. The OPs gave the account statements for the extensive periods of 1.6.2015 to 7.1.2015 to a third party without any authorisation or request made by him and the same were illegally used by the said third party in a court at Hansi in a private dispute thus causing irreparable loss to him. The complainant approached several concerned authorities, but, no satisfactory explanation was given. After long follow-up, Mr. Ajay Vishnoi, Branch Manager (of the OPs) informed that the account statements were got punched from Gujranwala Branch, New Delhi of OP-2, but, neither any action was taken against the defaulting officials nor any compensation was offered to the complainant.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint. 

2.         In their joint written reply, OPs have denied that they had illegally issued the statements of account of the complainant to his wife against the norms of fiduciary relationship.  It has been averred that the complainant was availing net banking service of the OP bank and it was he who had taken the print out of his account statement and filed the present false case.  It has been pleaded that it also cannot be ruled out that at one point of time the complainant might have shared his user ID and password with his wife and she might have taken the print of account statement. It has further been pleaded that whenever account statement is issued by any branch, then generation date, branch code and network ID details appear at the bottom of the account statement, but, all these things were missing in the account statement submitted by the complainant. It has been contended that the OP Bank always safeguards and protects all personal information of the clients and keeps them private and confidential.  Pleading that there is no deficiency in service or unfair trade practice on their part, OPs have prayed for dismissal of the complaint. 
3.         The parties led evidence in support of their contentions.
4.         We have scanned the entire evidence, written arguments submitted by both sides and heard the arguments addressed by the learned Counsel for the parties. 
5.         It is the admitted case of the OPs that the complainant is having a saving bank account No.04351000051541 with the HDFC Bank, Branch NAC Manimajra. The complainant had a matrimonial dispute with his wife and his wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Sub Divisional Judicial Magistrate, Hansi (copy of the order is at Annexure C-3).  During the pendency of that petition, Ms. Priya (wife of the complainant) placed on record one statement of account of HDFC Bank of the complainant to show that he is earning from other sources. The copy of that statement of accounts has been produced by the complainant before this Forum as Annexure C-2.  It is made out from the order dated 19.2.2015 (Annexure C-3) of the Sub Divisional Judicial Magistrate, Hansi that she relied upon the statement of accounts of the complainant while passing an order against him.
6.         According to the complainant, OPs or their officials have given a copy of his statement of accounts illegally to his wife and the said act of the OPs has resulted in breach of terms of confidentiality and violation of the norms laid down in the master circular on customer services issued by the Reserve Bank of India in respect of customers’ privacy. In Sh. Amit Mittal Vs. Hemant Kumar & Anr., Complaint Case No.2009/144 decided on 10.9.2012 by the Hon’ble State Commission Delhi, it has been held that the copies of accounts are universally treated as a confidential account and are not supposed to be supplied to anyone without prior approval of the account holder. There are specific guidelines of the Reserve Bank of India in this regard, which fact is not disputed. The availability of the said account to a third party, which subscribed it in the civil court, is, therefore, a flagrant violation of confidential relationship between the bank and customer and is a betrayal of trust which not only calls for an alarm and dismay, but, also for adequate financial compensation. 
7.         The sole point for determination before this Forum is whether any official of the OPs has illegally issued the statement of accounts of the complainant to his wife or not?
8.         It has been urged by the learned counsel for the OPs that the copy of order (Annexure C-3) nowhere shows that the wife of the complainant had produced the statement of accounts of HDFC Bank.  He has further argued that OPs have not illegally issued the statement of accounts of the complainant to his wife because the copy of statement of accounts (Annexure C-2) does not bear the stamp of the bank.  He has further argued that the complainant has been operating the account through net banking service and at one point of time he may have shared his user ID and password with his wife and she may have taken the print of that account statement of the complainant, through net banking. He has also argued that the complainant may himself have taken the copy of statement of accounts through net banking and filed the present false complaint.  He has drawn our attention to the copy of the statement of accounts (Ex.R-1) and argued that a copy issued by the bank shows the generation date and branch code which are absent in the statement of accounts (Annexure C-2), therefore, it was not issued by the OPs. 
9.         We have carefully considered the above arguments of the learned counsel for the OPs, but, we are not impressed with the same. The complainant has made it clear in his written arguments that the copy of statement of accounts as issued by the officials of the OPs and submitted before Sub Divisional Judicial Magistrate, Hansi has been placed on record before this Forum as Annexure C-2. It is not the case of the OPs that the contents of statement of accounts (Annexure C-2) are false and do not pertain to the complainant relating to his account with HDFC Bank. The OPs have also not produced any other copy of statement of accounts obtained from the Court of Sub Divisional Judicial Magistrate, Hansi to prove that the statement of accounts of some other bank was produced by the wife of the complainant before the Sub Divisional Judicial Magistrate, Hansi. So far as the question of non-existence of the stamp of the bank, generation date and branch code on the statement (Annexure C-2) is concerned, had all these particulars and stamp been available on Annexure C-2, the complainant would have no occasion to file this complaint.  The very allegation of the complainant is that the OPs handed over the account statement for the period from 1.6.2014 to 7.1.2015 to a third party without any authorization or request made by him. 
10.         A perusal of the email messages (Annexure C-1) shows that the complainant has been repeatedly knocking the doors of the OPs regarding the breach of privacy terms  by disclosing his bank statement to a third party.  He vide his email dated 7.2.2015 requested the OPs to investigate the matter and to take a strict action against the person who was involved in such an act which could harm bank’s reputation and image.  The OPs on 9.2.2015 acknowledged the email addressed to the Managing Director, Mr. Aditya Puri by the complainant and stated that they shall reply with the status within four working days.  On 14.2.2015, the OPs again stated that the matter was still under review at their end and they would revert to the complainant within a maximum of next five working days.  On 23.2.2015, the complainant was informed by the OPs that they had taken up with the concerned branch for action against the staff and they would revert to him within a maximum of next four working days with details. On 26.2.2015, the OPs again sent an email that the matter was still under investigation and they had asked for strict action against the staff concerned if statement was shared. Then on 3.3.2015, OPs stated that they required some more time to resolve the concern raised by the complainant and they would revert to him within three working days with their final resolution or fresh updates in the matter.  On 5.3.2015, the complainant was informed by the OPs that they acknowledge that the statement of a third party cannot be handed over to anyone including close/blood relatives. However, in this specific case, the bank was not able to establish that the statement had been handed over as they had no records of delivery.  Further, the complainant was requested to contact the Branch Manager Mr. Ajay Vishnoi on 9310668103.  It is significant to note that from 7.2.2015 to 5.3.2015, the complainant was never informed that since the statement of accounts produced before the civil court was not bearing generation date, branch code and stamp of the bank, therefore, it was not issued by any official of the OPs.  The complainant was also not informed that he had himself taken the printout through net banking. The complainant was also not informed that he might have told his user ID and password to his wife and his wife might have taken out a printout herself.  Hence, the defence now pleaded in the written statement is an afterthought.  The complainant was having a matrimonial dispute with his wife and there was no question of telling the password or user ID of his net banking to her.  Otherwise also, it is a matter of common experience that HDFC Bank asks the customers to change the password after short intervals and the customers are allowed to proceed after change of the password. The contention of the OPs that the complainant might have taken the printout himself and filed a false complaint is also devoid of any merit because the complainant had a matrimonial dispute with his wife and not with the OPs and there was no question of implicating the OPs in a false case. 
11.         The matter does not stop here.  Though the OPs told the complainant in emails that the matter was still under investigation, yet, no official investigation report was supplied to him nor any copy has been produced before this Forum. The complainant vide email message dated 5.3.2015 was intimated by the OPs to talk to the Branch Manager Mr. Ajay Vishnoi on 9310668103. According to the email message dated 19.3.2015 (Annexure C-1), the complainant had a word with Mr. Ajay (Vishnoi) and he responded that statements were got punched from his branch. The complainant was clearly informed that the statements had been accessed from HDFC Bank, Gujrawala, Ring Road, New Delhi managed by Mr. Ajay (Vishnoi). The complainant asked the OPs to give the reasons for access of the statements from a non home branch even in other State by HDFC employee without any authorization/request letter. Further in the email dated 15.3.2015, the complainant also asked the OPs to decide the role of Mr. Ajay (Branch Manager) or Gujrawala Branch Delhi in this breach of confidentiality. He also asked the OPs to provide him the details of the employees involved in the same. The OPs have not thrown any light on these issues. OPs could at least file an affidavit of Mr. Ajay Vishnoi, Branch Manager of HDFC, Gujrawala, Ring Road, New Delhi that he had not informed the complainant that his statement of accounts were accessed from his branch and were got punched from his branch.  The non production of any affidavit in this regard from Mr. Ajay Vishnoi, Branch Manager of HDFC, Gujrawala, Ring Road, New Delhi and any investigation report in the matter by the OPs raises an adverse inference against the OPs.  We are of the view that on a scrutiny of the entire evidence, it is clear that the statement of accounts of the complainant was accessed in connivance with some official of the OPs at Gujrawala, Ring Road, New Delhi.  It was not within the framework of the official of the OP Bank to furnish confidential account of the complainant to his wife.  This is an unlawful activity which is not a part of the routine functioning of the bank. Since the person responsible for such a leakage can be none other than the employee of the OPs, therefore the OPs are responsible for this unfair trade practice and deficiency in service on their part. 
12.         For the reasons recorded above, we find merit in the complaint and the same is partly allowed.  The OPs are directed :-

(i)     To make payment of an amount of Rs.1,00,000/- to the complainant as compensation for causing mental agony and harassment to him on account of unfair trade practice and deficiency in service on the part of their official(s).

(ii)    To also make payment of an amount of Rs.10,000/- to the complainant as litigation expenses. 

13.         This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of filing of the present complaint till realization, apart from compliance of direction at Sr.No.(ii) above.
14.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

		Sd/-	Sd/-
07/10/2015		[Surjeet Kaur]	[P. L. Ahuja]
hg		Member	President