In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 230 / 2008 1) Sri Sukhamay Bhattacharya, 15/6, Purbachal Main Road, Kolkata-700078. ---------- Complainant ---Verses--- 1) HDFC Bank, 96, Anna Salai, Chennai-600002. 2) The Manager, HDFC Bank, Vashi Branch, Navi Mumbai-400705. 3) HDFC Bank, 132A, Golpark, M.S. Sarani, Kolkata-700029. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member Order No. 1 4 Dated 1 5 / 0 1 / 2 0 1 0 . The instant case arising out of the complaint of Sri Sukhamay Bhattacharya filed on 15/07/2008 against HDFC Bank and two others for unfair trade practice about the credit card to the effect that the complainant being assured by the o.p. no.1 of prompt and accurate service against payment of service charges, accepted the credit card bearing no.4346/7710/0006/4551 offered by the o.p. no.1. The petitioner very seldom used the above mentioned credit card, but all along paid the dues within the time limit for using the said credit card. The petitioner states that in the year 2004 the petitioner was offered a loan of Rs.88,000/- only by the o.p. no.1 with the option of repayment of the same by easy instalments. The petitioner states that the repayment of the said loan was duly made by the petitioner much prior to the agreed period. The petitioner states that the account of the said credit card as well as the loan as aforesaid was settled and all the outstanding thereof was paid up by the petitioner to the o.ps. (annex-A of affidavit of evidence of this complainant bearing statement dt.7.6.05). The complainant has his savings account with other members of his family with the o.p. no.2 being A/C no.05401500003936. The o.p. no.1 by writing a letter dated 31/01/2008 to the petitioner demanded a sum of Rs.11,607.04 only in order to exact money illegally and arbitrarily from the complainant. In the said letter it was threatened to adjust the aforesaid amount from his aforesaid saving account maintained with the o.p. no.2 to which the petitioner objected. The petitioner on 22.2.08 went to the ATM of the o.ps. at 132A, Golpark, Meghnath Saha Sarani, Kolkata-29 to withdraw money, but to his utter surprise he found that the balance in his account was nil, (annex-A). The petitioner on contacting the o.ps. came to know that a sum of Rs.5067.11 only which was lying in the aforesaid S.B. A/C of the complainant was adjusted against the alleged dues in the credit card loan account of the complainant without prior knowledge of the complainant. The complainant thereafter asked the o.ps. several times including advocate’s letter dt.7.3.08 to regularize his S.B. A/C by refunding the said amount of Rs.5067.11 only but without any response, (annex-B). The complainant further states that had there been any dues in the said loan account, the o.ps. would have served the demand notice after 2005 and / or initiate legal proceedings against the complainant. But the o.ps. did nothing to show that there was any outstanding dues of the complainant as alleged. The complainant reiterates again that if it is assumed that there was outstanding dues, but that could not be adjusted from the S.B. A/C of the complainant maintained with o.ps. without his consent. Hence, the complainant has lodged this case in the Consumer Forum u/s 12 of C.P. Act, 1986 against the o.ps. for their highhanded act and deficiency in service. Decision with reasons: Perused the petition of complaint, affidavit of evidence and BNA of the complainant and documents on record. From the records, it is evident that in spite of commitments given by the o.ps, no w/v was filed. As such, order was passed for ex parte hearing vide order no.7 dt.5.3.09. It is an admitted fact that the complainant accepted the HDFC Bank Credit Card bearing no.4346771000064551 on the assurance of o.p. no.1 of good, prompt and accurate service in respect of the said credit card. It is also an admitted fact that the complainant accepted a loan of Rs.88,000/- offered by the o.p. no.1 with option of repayment of the same by easy monthly instalments. The complainant made the repayment of the said loan much prior to the agreed period including the credit card account (annex-A - statement dt.7.6.05 attached with A/E of complainant). But on 27.5.05 the complainants’ letter enclosing a chqeue no.134563 drawn on Abhundaya Bank Ltd. Nerul Branch for Rs.72,000/- against hois premature balance loan amount which was cleared on 2.6.05 but kept on suspense account without adjusting against loan amount by the o.ps. and the o.ps. were keeping on sending statements of accounts of EMI due to the o.ps. every month after 7.6.05 for reasons best known to them (annex-B of the petition of complaint). On 27.6.05 the complainant sent another letter enclosing cheque no.245380 dt.27.6.05 for Rs.743.51 only being balance after adding premature charges which was cleared on 1.7.05 (annex-B of the petition of complaint). On 23.7.05 the complainant’s registered letter for cancellation of the said credit card along with request for sending “Nil Loan Balance Certificate” went unheeded by the o.ps. and the o.ps. used to send outstanding balance statement including EMI, late fee charges and interest thereon though all the outstanding dues were paid up by the complainant earlier (annex-A-statement dt. 7.6.05 enclosed in A/E of complainant and annex-B of the petition of complaint). This apart, it is worth mentioning that if it is assumed that there has been outstanding dues of the complainant, the o.ps. must have sent the bill raising the outstanding dues which the complainant would have to pay immediately after 7.6.05, but which was not done. It was only in the year 1908, the o.p. sent a letter dt.31.1.08 addressed to the complainant intimating that (1) credit card balance as on date : Rs.11,607.04, (ii) Extent of ‘Hold on Funds’ : Rs.5067.11 and (iii) Hold on Funds placed on : 31.1.08 (annex-B of petition of complaint). In view of the situation cropped up, it appears that the letter dt.31.1.08 of the o.p. after a lapse of more than two years is nothing but an attempt to cover up their (o.p’s) unfair trade practices. Moreover, it is quite unethical on the part of the bank to extract money amounting to Rs.5067.11 only from the joint account of the complainant to adjust the said amount against the alleged dues of complainant in respect of his credit card without his knowledge and consent. Moreover, the o.ps. have waived their rights by themselves by way of non-submission of w/v in spite of several assurances given by the o.ps. to submit the same, which indicates that they have nothing in their palms to controvert the allegations made in the petition of complaint by the complainant. Thus, the complainant succeeds the instant case by his oral submission as well as pleadings, affidavit of evidence and documents on records. Hence, ordered, that the o.ps. are directed severally or jointly (i) to refund Rs.5067.11 (Rupees five thousand sixty seven and eleven paise) only in favour of the complainant in his joint account bearing no.05401500003936 along with prevailing bank interest with effect from 31.1.08 till date of refunding of the said money within thirty days from the date of communication of this order , (ii) to pay compensation amounting to Rs.20,000/- (Rupees twenty thousand) only for mental agonies and harassment and unfair trade practices within thirty days from the days of communication of this order and (iii) to pay litigation cost of Rs.5000/- (Rupees five thousand) only within thirty days from the date of communication of this order. In default, the aforesaid amounts will carry an interest @ 10% p.a. till the recovery of the said amounts in full. Fees paid are correct. The case is thus disposed of from this forum. Supply certified copy of this order to the parties on receipt of prescribed fees. _____Sd-_____ _____Sd-_______ MEMBER PRESIDENT | 
