Tripura

West Tripura

CC/65/2016

Sri Manik Modak. - Complainant(s)

Versus

HDFC Bank House & others. - Opp.Party(s)

Mr.M.Chakraborty, Mr.R.Bhowmik.

07 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 65 of 2016

Sri Manik Modak,
S/O- Lt. Abani Modak,
A.D. Nagar Road No.1,
A.D. Nagar, West Tripura.        ....…..…...Complainant.
        

           VERSUS

1. HDFC Bank House,
1st Floor, CS No. 6/242, 
Senapati Bapat Marg,
Lower Parel, Mumbai- 400 013.

2. The Branch Manager,
HDFC Bank Ltd., Credit Card Division,
Pibco Building, Rupmani Gaon, 
G.S. Road, 1st Floor, 
Guwahati- 781 022.

3. The Branch Manager, 
HDFC Bank Ltd.,
Netaji Chowmuhani, Agartala,
Tripura West District.         ............Opposite parties.

                 __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant    : Sri Mrinal Kanti Chakrkaborty,
                      Ranu Bhowmik,
                  Advocate.
                     
    For the O.P. No.1        :  Sri Mridul Kanti Arya,
                       Sri Samrat Ghosh,
                      Advocates.

            JUDGMENT  DELIVERED  ON:  07.02.2017
J U D G M E N T    
        This case arises on the petition filed by by one Manik Modak. Fact of the case in short is that the petitioner opened Savings Account in the HDFC Bank with credit card. After retirement he wanted to close the savings Bank Account including the credit card. He requested the HDFC Bank Manager to close the Savings account along with credit card. But the Manager refused to do so. Due to deficiency of service by the Bank manager the petitioner suffered. Petitioner wanted to deposit the amount as claimed by the O.P. Rs.6,528/-. But how to deposit the same was not informed. Thus he was harassed. Petitioner therefore prayed for compensation amounting to Rs.20 thousand for mental agony and cost of litigation. 
2.        O.P. HDFC Bank appeared, filed W.S denying the claim. It is stated that as per terms of the credit card petitioner was bound to deposit the amount in his SB Account which would be debited automatically against the credit card loan taken. But the petitioner failed to deposit the amount in time. He violated the agreement and wanted to close the savings account which was connected with the credit card. There was no deficiency of service by the O.P. Therefore, O.P. prayed for dismissal of the claim. 

3.        On the basis of assertion denial made by the party following points cropped up for determination.
        (I) Whether as per terms of the credit card petitioner did not deposit the amount in his savings account?
        (II) Whether there was deficiency of service by the O.P. and petitioner is entitle to get compensation?
        
4.        The claimant petitioner produced the photocopy of the notice by Mukesh Sarma, Advocate of HDFC Bank. Reply of the letter, application form, credit card statement. Petitioner also produced the statement of affidavit of one petitioner i.e., the petitioner himself.
        
5.        O.P. on the other hand produced call recording of customer of HDFC Bank, Call authenticity certificate, copy of 5 Insurance Policy, copy of delivery details of 5 Insurance policy certificate. O.P.  also produced statement on affidavit of Md. Farid Laskar.

6.        On the basis of all the evidence on record we shall now determine the above points. 

            Findings and decision:

7.        It is admitted and established fact that the petitioner obtained the credit card facility against his SB Account. He applied for the same and accordingly given consent. Some guideline for use of the credit card is given in the browser. We have gone through the statement of the credit card dated 04.07.14 to 24.07.14. Opening balance was '0' payment shown Rs.17,465/-. Purchase and debits Rs.18,657/-. Total dues Rs.1,192/-. Payment due to date was 24.07.14. Thereafter in the statement it is shown that dues was Rs.854.82/-, then on 24.09.14 dues was Rs.853/-. Dues was shown Rs.3,237/- on 24.04.15. Total dues shown was Rs.11,477/- on 24.06.15. It was Rs.17,501/- on 04.07.15. Dues shown Rs.27,343/- on 04.07.16. As per terms of the credit card the payment mode was by depositing the amount in the SB Account no. 08841000021536 of the complainant. Petitioner Manik Modak did not deposit the amount in time in that account. So, the amount could not be debited by the HDFC bank as per terms. Notice was given to him for payment of Rs.6,528/-. Second notice was given for payment Rs.10,000/-but it was not paid. 

8.         The plea of the petitioner is that he was not aware about the mode of payment. But mode of payment was very much known.  He was to deposit the amount into his SB account from which automatically money will be debited and deposited to the HDFC Bank. It was not done. So, interest @ 12.36 %  accrued and the amount began to rise. Petitioner was not aware about it. As a result he was to pay more. No deficiency of service is detected in this regard by HDFC. But when the petitioner wanted to close the SB account and also credit card  facility, HDFC Bank should have cooperated & given instruction of the mode of payment. HDFC Bank did not cooperate in this regard. To some extent this is deficiency of service. Bank authority is to help the customer in respect of payment. 

9.        Some 5 nos. of general Insurance Polices opened by Manik Modak, petitioner. Payment of premium was also made through SB account as per terms. So, if the SB account is closed then the premium payment will not be possible. Those are all Individual Personal Accident Plan policy. We have gone through those policies certificates. If the petitioner is not interested to continue the policy & want to close it he may be allowed do so. When there is entry, scope should be given for exit. Insurance covers from the date of deposit of premium amount and it was 2 years policy. If the premium could not be debited due to insufficient fund maintained in his SB account then policy will be closed or petitioner will not get any benefit of that policy. So in our considered view HDFC Bank Ltd. shall cooperate with the petitioner for closure of the policy certificate when he is not interested to continue it. This helping  attitude was found absent by the O.P. HDFC Bank. 

10.        In this circumstances, we are of the considered opinion that O.P. Bank shall help the petitioner for closure of the 5 polices if he is not interested to proceed. The HDFC Bank also directed to close the credit card facilities and SB Account of the petitioner after receiving the final payment from the petitioner. Balance amount was Rs.6,528/- up to February 2016. It is shown Rs.22,743/- it is not clear how the amount increased to such an extent. We direct the bank to receive total  i.e., Rs.13,000/- not Rs.22,743/-. Close the 5 Insurance Policies if not interested and also direct the O.P. HDFC Bank to pay compensation amounting to Rs.10,000/- to the petitioner for its deficiency of service for not helping the customer and giving proper direction and advise. Bot the points are decided accordingly.

11.         In view of our above findings over the points we direct the HDFC Bank to help the petitioner in respect of closure of SB account and credit card facility on receipt of Rs.13,000/- from him for his failure to pay the amount in right time through the SB account. We also direct the HDFC Bank to pay Rs.10,000/-(Rupees Ten Thousand) to the petitioner for its deficiency of service, for not helping the customer giving proper direction. Payment is to be made with in one month. If not paid it will interest @ 9% P.A.    
                               

                                          Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.