Sri Kamal De, President

The case of the complainant in short is that the OP is the Branch Manager of HDFC Bank, Egra Branch, Dist.- Purba Medinipur. The complainant and his wife, Smt. Minu Maity opened a joint SB A/c at OP Branch with ‘either or survivor’ facility bearing A/c no. 22781000002698. After opening the SB A/c, the complainant operated the Bank A/c from time to time. On 02.03.2015 the complainant went to the OP Bank for withdrawal of Rs.61000/- by Cheque bearing no. 029107 dtd. 02.03.2015, but OP Bank refused such withdrawal of money and returned the Cheque after cancellation. On interrogation, OP Bank informed the complainant that the entire deposited amount of the complainant is withdrawn by credit card and supplied statement of A/c summary to the complainant.

It is the case of the complainant that complainant or his wife never opened any credit card or used any credit card. The complainant, thereafter, lodged a complaint with the OP in the prescribed form and the OP received the complaint on 02.03.2015, but OP did not take any step for refund of the deposited money in the Bank A/c and the complainant as such, is guilty of deficiency in service. The complainant has prayed for return of deposited money of Rs.80375.89/- with interest to the A/c of the complainant and his wife along with other reliefs.

OP Bank contested the case by entering appearance contending interalia that the instant complaint is not maintainable. The complainant is not a ‘consumer’ within the meaning of C.P. Act, 1986. It is the case of the OP that in or about October, 2007, the complainant approached the OP Bank for issuance of a credit card and represented to the OP Bank that the complainant would duly repay its use in respect of such credit card without any demur or protest. The OP Bank, thereafter, issued a credit card bearing no. 5176521005960598 in favour of the complainant. Such credit card is governed by “Most important terms and conditions” of the OP Bank. The complainant availed and utilised the said credit card for his benefit and met various purchases using the credit card. The complainant failed and neglected to make payment towards the same. The OP Bank issued notices dtd. 13.09.2011 and 07.10.2011 to the complainant to clear his outstanding dues against the said credit card, but to no good.

The complainant is also maintaining a Savings Bank A/c with the HDFC Bank and there is also sufficient balance to repay the outstanding dues against the credit card A/c and that Bank A/c was mentioned by credit card holder at the time of issuance of the said credit card and this customer ID (37826449) was later on linked with the credit card. The Saving Bank A/c and the credit card A/c pertain to the same person. It is the case of the OP that the card holder and the Saving Bank A/c holder/the complainant are same and in spite of having sufficient fund in the Saving Bank A/c, the complainant did not repay the outstanding dues of the credit card and as such the OP deducted the amount from the complainant’s Saving Bank A/c balance.

Decision with reason

The question is whether the complainant is entitled to the claim, as prayed for?

It appears that the complainant, Ranjit Maity and his wife Smt. Minu Maity opened a joint SB A/c with Op Bank with either or survivor facility on 13.01.2012 being A/c no. 22781000002698. It is the contention of the OP that in or about 2007, the complainant approached the OP Bank for issuance of a credit card and the OP Bank issued a credit card in favour of the complainant. The complainant availed and utilised the said credit card for his benefit and made various purchase and cash withdrawals at various places using the said credit card and subsequently the complainant failed and neglected to make payment towards the same. Therefore, the OP deducted the amount from the Savings Bank A/c of the complainant. I am afraid no credit card is forthcoming before this Forum during the proceeding of the case. OP Bank also failed to produce any copy of the credit card. The OP Bank just stated that it issued a credit card bearing no. 5176521005960598 in favour of the complainant. We also find from annexure A (Application Form) that one Ranjit Hrishikesh Maity applied for Gold Card at HDFC Bank Ltd., Mumbai Central DIP Desk on 14.09.2007, but it is not clear whether any credit card was issued in favour of the said Ranjit Hrishikesh Maity. The name of the complainant in the instant case happens to be Ranjit Maity - the name as such differs. Moreover, the present A/c involved in this case stands in the name of Ranjit Maity and Smt. Minu Maity with either or survivor facility. It is alleged by the complainant that the complainant or his wife (A/c holder) never opened any credit card or never used any credit card. It is not also clear for convincing before the Court that the OP bank can deduct the amount from the newly opened A/c dtd. 13.01.2012. It also appears no terms and conditions is attached with the newly opened Saving A/c of the complainant. The signature of the complainant is not also appearing in annexure B – “Most Important Terms and Conditions”. There is no document forthcoming before the Forum signed by the complainant that the complainant would duly repay its dues in respect of such alleged credit card. It is not also appearing before the Forum that the complainant after understanding the terms and conditions opened the joint SB A/c at OP branch with either or survivor facility on 13.01.2012 that the OP would deduct the amount of the alleged credit card from the complainant’s Saving Bank A/c. Top of all, no alleged credit card or copy of the same is also forthcoming before the Forum. The matching of PAN card of the complainant is not sufficient. We think that OP has acted arbitrarily in deducting the amount from the complainant’s Saving Bank A/c. The alleged application for the credit card is dated 14.09.2007 and the date of new A/c opening of the complainant is 13.01.2012. There is also no undertaking from the side of the complainant to the OP Bank that the complainant would duly repay its dues in respect of such alleged credit card.

Ld. Lawyer appearing for the OP has argued that the complainant is not a ‘consumer’ within the meaning of the C.P. Act, 1986. We, however, are not consensus of opinion with such argument.

The definition of Service, as incorporated in C.P. Act, 1986 in Sec 2(o) reads as follows:

“service” means service of any description which is made available to potential [users and includes, but not limited to, the provision of] facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, [housing construction], entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

The instant complaint, accordingly, we think comes under the purview of C.P. Act 1986 and the complainant is a ‘consumer’ within the meaning of C. P. Act, 1986.

We hold that the Saving A/c of the complainant and his wife at OP Branch, with either or survivor facility, cannot be related with the alleged credit card at HDFC Bank at Mumbai Central. The OP Bank has acted illegally and arbitrarily in deducting the amount from the complainant’s Savings Bank A/c.

Hence, it is,

Ordered

that the instant consumer case being no. CC/32/2015 be and the same is allowed on contest. The OP Bank is directed to return the deposited money of Rs.80375.89/- with interest as admissible to the A/c of the complainant and his wife being A/c no. 22781000002698 within one month from the date of passing this order or forthwith whichever is earlier, in default the complainant is at liberty to take recourse to appropriate legal step against the OP.