COMPLAINT FILED: 27-06-2009 <br /> DISPOSED ON: 18-11-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 18TH NOVEMBER 2009<br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1524/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Dr.K.Jayarama Raju<br /> No.1040, 36th Cross, <br /> 26th Main, 4th “T” Block, <br /> Jayanagar,<br /> Bangalore – 560 041.<br /> <br /> Advocate – <br /> Sri.Sathya Vageeswaran<br /> <br /> V/s.<br /> <br /> OPPOSITE PARTIES 1) The HDFC Bank Ltd.,<br /> J.P. Nagar Branch,<br /> Bangalore.<br /> <br /> 2) HDFC Bank cards Division,<br /> P.O.Box-8654, <br /> Thiruvanmiyur P.O.<br /> Chennai – 600 041.<br /> <br /> Advocate – Sri.Chandrashekar.N<br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SHRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s.12 of the C.P. Act 1986 seeking direction against the OP to discontinue to demand the amount of Rs.19,800/- along with interest, taxes and to pay an equal amount of Rs.19,800/- as punitive damages on an allegation of deficiency in services on the part of the OPs.<br /> <br /> 2. The complainant has taken international credit card No.5176521006291667 given OP Bank with a facility to withdraw the money from ATM provided by OP. The main contention of the complainant is that in the credit card transaction statement dated 21-06-2007 pertaining to the period 22-05-2007 to 21-06-2007 the OP has inserted a transaction date 21-04-2007 with a debit of Rs.19,800/- against the complainant’s credit card account. The complainant claims that the said credit card statement does not reflect the true and correct picture as he has not withdrawn the said amount of Rs.19,800/- as shown in that statement. <br /> <br /> 3. In the defence version the OPs contended that the said statement dated 21-06-2007 debits correct picture. The complainant has withdrawn the amount and there is no deficiency of service on the part of the OP Bank.<br /> <br /> <br /> <br /> 4. During the pendency of the proceedings, on 01-09-2009 OP Bank has sent e-mail to the complainant stating that as per discussion held at the office of Banking Ombudsman on 26-08-2009 regarding the complainant’s credit card account, as advised during the discussion they confirm having arranged to refund the disputed transaction of Rs.19,800/- along with Bank charges amounting to Rs,27,648/38 levied in the card account of the complainant. The relevant credit card will reflect in his credit card account shortly. There is no out standing payable as on date on complainant’s credit card account post adjustment to reversals. <br /> <br /> 5. After receipt of the e-mail letter dated 01-09-2009 the complainant filed affidavit evidence on 17-09-2009 stating that in the light of the letter dated 01-09-2009 of the OP accepting to refund the disputed transaction of Rs.19,800/- along with Bank charges amounting to Rs.27,648-38 levied in the complainants credit card account and accepting to reflect the reversal of the disputed transaction in the next credit card account statement; OP has accepted the deficiency in service, hence liable for deficient service under C.P. Act. Thus the complainant sought direction to discontinue to demand the said amount and to pay entire amount of Rs.19,800/- as punitive damages and to discontinue the unfair and restrictive trade practice and not to repeat them. <br /> <br /> 6. Inspite of issuing e-mail letter 01-09-2009 officials of the OP Bank filed affidavit on 03-09-2009 supporting the defence version contending that the credit card account statement dated 21-06-2007 showing the debit entry of Rs.19,800/- reflects the correct and true picture as the complainant has withdrawn the said amount. It is unfortunate that when Bank itself has issued a letter dated 01-09-2009 admitting the mistake and undertaking to correct the said mistake, the officials of the Bank filed affidavit on 03-09-2009 without admitting the mistake regarding complainant allegations about the disputed transaction. <br /> <br /> 7. In view of OP Bank having issued a letter dated 01-09-2009 the relief claimed regarding not to demand the said amount has been fulfilled. The complainant’s main claim is to award punitive damages to the extent of Rs.19,800/-.<br /> <br /> 8. It is contended for the OP Bank that since the disputed transaction has been corrected and no amount is due from the complainant with regard to credit card transaction account, the complaint may be closed as there is no material to award any damages. <br /> <br /> 9. In our view on account of the mistake committed by OP Bank in showing an amount of Rs.19,800/- in the credit card account statement of the complainant without the complainant having withdrawn the said amount amounts to deficiency in service on the part of the OPs. Due to negligence of the officials of the OP the complainant was made to approach the Forum seeking the relief claimed in the complaint. The complainant has suffered mental agony on account of the negligent act of officials of OP Bank, in view of the same we are of the considered view that the ends of justice would be met by awarding an amount of Rs.3,000/- as compensation. Accordingly we proceed to pass the following :<br /> <br /> O R D E R<br /> The complaint filed by the complainant allowed in part.<br /> <br /> The e-mail letter dated 01-09-2009 issued by OPs undertaking to refund the disputed transaction amount with Bank charges amounting to Rs.27,648-38 levied in the credit card account of the complainant and the relevant credit will reflect in the credit card account by post adjustment of reversal and there is no outstanding due in the credit card account of the complainant is taken on record. <br /> <br /> OPs are directed to pay Rs.3,000 as compensation along with litigation expenses of Rs.500/- to the complainant. <br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> Send copy of this order to both the parties free of costs. <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 18th day of November 2009.) <br /> <br /> <br /> MEMBER PRESIDENT<br /> NRS<br />