Haryana

Sonipat

CC/72/2016

Shiv Yadav S/o Mangal Yadav - Complainant(s)

Versus

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

Shiv Yadav

05 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.     

 

                             Complaint No.72 of 2016

                             Instituted on:16.03.2016                                           Date of order:05.05.2016

 

Shiv Yadav son of Mangal Yadav resident of village Amwa tehsil and distt. Gopalganj (Bihar) at present residing at Indra Colony, near ESI Dispensary, Bahalgarh, distt. Sonepat.

..Complainant

 

                          Versus

 

The Manager HDFC Bank Sonepat through its Branch Manager, L-203, Model Town, Sonepat.

..Respondent.

 

COMPLAINT UNDER SECTION 12 OF        

THE CONSUMER PROTECTION ACT,1986

 

Argued by:    Complainant in person.

              Respondent ex-parte.

 

BEFORE    NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

         

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging therein that he is in possession of a credit card bearing no.5242165000342293 which was issued to him by the respondent for shopping purposes and his salary is being sent by his employer in the account of the complainant. On 2.2.2015, shopping of Rs.7849/- was made in the name of Toffeinstyle Epay Kerel Mumba from the above said credit card but infact no shopping was made by the complainant.  The complainant filed a complaint before the Hon’ble Forum which was decided in his favour vide order dated 26.2.2016.  But inspite of refunding Rs.7849/- to the complainant, the respondent has deducted a sum of Rs.17891/- plus Rs.687.13  on 17.11.2015 wrongly and illegally.  The complainant has approached the respondent in this regard, but of no use and that amounts to a grave deficiency in service on the part of the respondent. So, he has come to this Forum and has filed the present complaint.

2.        Notice to respondent was issued through process server of this Forum and the notice was duly received in the office of the respondent.  But despite this, when none has appeared on behalf of the respondent, the respondent was proceeded against ex-parte vide order dated 06.04.2016.

3.        We have heard the ex-parte arguments of the complainant and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        The complainant has submitted that Rs.18579/- has been wrongly debited from his account because he has never made any transaction for shopping purposes at any point of time.

          The perusal of the order dated 26.2.2016 passed by this Forum in earlier complaint shows that earlier also the respondent has deducted Rs.7849/- from the account of the complainant and for the refund of the same, the complainant filed complaint before this Forum which was allowed and the respondent was directed to refund the amount of Rs.7849/- to the complainant.  But inspite of refunding the said amount, the respondent has deducted Rs.18579/- from the account of the complainant.

          We have perused the statement of account Annexure C3 very carefully and this statement of account shows that on 2.3.2015, the respondent bank has transferred the amount of Rs.15856.38 paise in the account of 5242165000342293 Auto Pay and on the same day, this amount was again credited in the account of complainant. Similar is the position on 30.3.2015 and  30.4.2015, but this time amount was Rs.18435.19 paise, Rs.15927.14 paise, Rs.10478.93 paise and Rs.9360.36 paise.  On 17.11.2015, the fund transferred in the account no.524216xxxxxx4993 i.e. Rs.17891  plus Rs.687.13 paise.   In our view, when the complainant has not authorized the respondent bank to transfer any amount from his account to any other account, there is deficiency in service on the part of the respondent as they transferred the above said amount from the account of the complainant into some other account.

          In the present case, the opportunity was given to the respondent to come present and defend the present complaint. But despite due service, the respondent has not come present before this Forum and in this way, we find force in the ex-parte arguments of the complainant and we are unable to ignore the pleadings of the complainant.  Thus, we accept the present complaint with the direction to the respondent to refund the amount of Rs.18579/- to the complainant with saving rate of interest from the date of its deduction till realization and the said amount is directed to be credited 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 free of costs and the same be also sent to the respondent for information and its strict compliance.

File be consigned to the record-room.

 

 

(Prabha Wati)                        (Nagender Singh-President)

Member DCDRF                            DCDRF, Sonepat.

 

Announced: 05.05.2016