In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  134 / 2009.

1)                   Smt. Shrabani Das,

Flat No. 4A, “Gangotri”, P-140, Lake Road,

P.S. Lake, Kolkata-700029.                                                                    ---------- Complainant

---Versus---

1)                   H.S.B.C. Bank,

Ramani Chatterjee Road Branch,

P.S. Gariahat, Kolkata-700029.                                                               ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   27    Dated  17/02/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Smt. Sharbani Das against the o.p. HSBC Bank. The case of the complainant in short is that complainant is a credit card holder bearingno.5548370008728110 issued by o.p. Complainant had also fixed deposit amount of Rs.5 lakhs with the o.p. bearing no. INRO 23-318397-016 as per instruction the interest accrued on the fixed deposit would be transmitted to her S.B. A/C no.INRO 23-318397-006 with the o.p.

            Further case of the complainant is that on 15.10.07 a young lady came to the complainant’s residence and introduced her as employee of o.p. bank and told that he had come with a small gift from the o.p. She requested the complainant to give her a Xerox copy of the credit copy to enable her to hand over the gift. Relying on her work complainant sent her young girl with credit card to take out a Xerox copy. He returned with the o.p. but said the Xerox copy is dark and was not readable and such another copy is required and the lady told the complainant she would bring a clear Xerox copy within a short time and the complainant handed over the said card in original as she was engaged with Lakshmipuja but the lady never came back with the original credit card. Immediately after half hour when the agent did not appear she informed he matter to the o.p. but o.p. informed him that the transaction more than Rs.40,000/- had already took place as using said credit card. Complainant lodged FIR on 25.10.07 with Lake P.S. and on the following date complainant made a written complaint to o.p. stating all the incidents. O.p. claimed Rs.60,063/- upto 7.8.08 from the complainant and complainant sent lawyer’s letter on 11.10.08 stating that complainant is not liable for payment of Rs.40,000/-. But the o.p. did not pay heed to that and finally from her fixed deposit o.p. realized Rs.17,619.86 in the month of Sept. 08 and Rs.11,700/- in the month of Dec. 2008 through S.B A/C of complainant. Hence, the instant case.

            O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case.

            Hence, ordered,

            We have gone through the pleadings of the parties, evidence and documents in particular. The moot point is that complainant handed over her credit card to a lady who introduced herself to be a representative of o.p. but the most conspicuous aspect is that the complainant ought not to have handed over the credit card through a lady without proper identification of that lady herein known to her even and to make it clear to a unknown lady. On the otherhand, o.p. bank failed to produce any peace of paper showing purchase of goods as against said credit card worth Rs.40,000/- and it was the burden of o.p. to produce such relevant papers before this Forum so that real position could be made known. We find lapses on the part of both the parties to this case and we find that o.p. had deficiency in this regard being a service provider to its consumer / complainant and complainant is entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complaint is allowed on contest  in part with cost against the o.p. O.p. is directed to restore fixed deposit of Rs.5 lakhs standing in the name of complainant excepting the amount already realized by o.p. from S.B A/C being the interest of fixed deposit and complainant is directed to pay balance amount of Rs.(40,000.00-30319.86) = Rs.9780/- (rounded off) to o.p. O.p. is directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only. Both the parties are directed to comply with the above order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum.

            Supply certified copy of this order to the parties.

   _____Sd-_____                                                   ______Sd-_______

     MEMBER                                                           PRESIDENT