Haryana

Sonipat

CC/84/2016

Rambir Singh S/o Jaipal Singh - Complainant(s)

Versus

H.D.F.C. Bank - Opp.Party(s)

Surender Malik

23 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.84 of 2016

                                Instituted on:28.03.2016

                                Date of order:23.05.2016

 

Rambir Singh son of Jaipal Singh, r/o VPO Farmana, distt. Sonepat.

 

                                           ...Complainant.

 

                        Versus

 

 

1.The Branch Manager, HDFC Bank, Branch Model Town, Subhash Chowk, Sonepat.

2.The Branch Manager, Axis Bank , Bhasana, PS Budhana, Distt. Muzaffarnagar (UP).                                    

                                          ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Surender Malik Adv. for complainant.

           Respondents ex-parte on 03.05.2016.       

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

       

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he is working as Area Manager in Gab Gramin Vikas Credit Co-op. Society Ltd., Sonepat.  On 11.11.2014, the brother-in-law (Jija) of the complainant has met with an accident and he was hospitalized in Mann Sarovar Hospital, Rohtak.  The complainant was on leave on 11.11.2014 to 23.11.2014 and agent Narender  Kumar motive one Afroj wife of Taslim to deposit an amount of Rs.2,50,000/- in the form of FDR in the society and she handed over a cheque to the said Narender, who deposited the cheque in the name of the complainant in his account and the same was encashed.  Later on Smt. Afroj moved an application to respondent no.2 with the request to call back the money from the respondent no.1 and later on Rs.2,50,000/- was transferred/returned from the account of complainant in the account of respondent no.1 in account no.914010034003498 of Smt. Afroj having account in the respondent no.1.  The said Smt. Afroj also moved an application to the PS Budhana against the society and the application was also moved to both the respondents for stoppage of payment and calling back of money and after transferring/returning back the amount of Rs.2,50,000/- to Smt. Afroj, there is no dispute between the complainant.  Smt. Afroj, who also moved an application in the form of compromise on 12.12.2014 to PS Budhana, UP to consign the application dated 22.11.2014 of Smt. Afroj and the same was done by PS Budhana and no further action was to be taken in the matter.  But the account of the complainant has wrongly been put on hold/status and the complainant is unable to operate his account and due to this wrongful act of the respondents, the complainant has suffered unnecessary mental agony and harassment. So, he has come to this Forum and has filed the present complaint.

2.        Notice were issued to the respondents no.1&2 through registered post.  But when none appeared on behalf of the respondents, the respondents were proceeded against ex-parte vide order dated 03.05.2016.

3.        We have heard the ex-parte arguments advanced by the ld. Counsel for the complainant at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has submitted that the account of the complainant has wrongly been put on hold/status and the complainant is unable to operate his account and due to this wrongful act of the respondents, the complainant has suffered unnecessary mental agony and harassment.  It is also submitted that the respondents were also served with the legal notice dated 27.1.2015 with the request to withdraw the order of blocking of operation of the account of the complainant and to allow the complainant to operate his account, but of no use and that amounts to a grave deficiency in service on the part of the respondents.

 

          There is nothing on the file from the side of the respondents, whereas opportunity was given to the respondents by issuing them the notice to appear before this Forum and to defend the case.  But the respondents instead of doing so, have chosen to proceed themselves ex-parte and due to this, we have no other option except to accept the pleadings of the complaint and are of the view that the complainant is entitled to get some sort of relief against the respondents.  Accordingly, we hereby direct the respondents to withdraw the order of blocking of operation of account of the complainant and to allow the complainant to operate his account.  Since the complainant has been able to prove the deficiency in service on the part of the respondents, the respondents are further directed to compensate the complainant to the tune of Rs.two thousand in total for rendering deficient services, harassment and under the head of litigation expenses and this amount of compensation is also directed to be deposited in the account of the complainant.

          With these observations, findings and directions, the present complaint stands allowed ex-parte.

          Certified copy of this order be provided to the complainant and be also sent to the respondents for information and its strict compliance.

File be consigned to the record-room.

 

 

(Prabha Wati Member)      (Nagender Singh-President)

DCDRF, Sonepat.                 DCDRF, Sonepat.

 

Announced:  23.05.2016