Punjab

Sangrur

CC/32/2024

Attal Kumar - Complainant(s)

Versus

HDFC Bank Limited - Opp.Party(s)

Sh. Amit Goyal

11 Oct 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR, PUNJAB.

 

          Complaint Case No         : CC/32/2024

                                              Date of Institution            : 31.01.2024

          Date of Decision             : 11.10.2024

Attal Kumar aged 63 years S/o Sh. Tarsem Raj R/o Ward No. 9, Long Street, Dhanaula, Tehsil & District Barnala.    

                                                                                          …Complainant

                                              Versus

1. HDFC Bank  Limited, Kaula Park, Sangrur, through its Branch Manager 148001.

2. HDFC Bank Limited, registered Office: HDFC Bank House, Senapati Marg, Lower Parel, Mumbai, through its M.D/G.M. 400013.                                                                                                              ...Opposite Parties.

Complaint under section 35 of the Consumer Protection Act, 2019

Present:       Sh. Amit Goyal Adv counsel for complainant.

                    Opposite parties exparte.

Quorum.-

      1. Sh. Jot Naranjan Singh Gill              : President

2. Smt. Sarita Garg                             : Member
3. Sh. Kanwaljeet Singh                      : Member    

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT

1.                The complainant namely Attal Kumar has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against HDFC Bank Limited, Kaula Park, Sangrur, through its Branch Manager & others (hereinafter referred as opposite parties).

2.                The facts leading to the present complaint as stated by the complainant are that the complainant is the consumer of opposite parties as he had availed the services of opposite parties by opening one account bearing account number 02621050021468 with the opposite party No. 1 in the year 2005 and the complainant has been maintaining the above said account and no amount is outstanding against him. The above said account is zero balance account and there is no requirement of keeping any minimum balance in this account. Besides this, opposite parties issued one credit card bearing No. 489377 XX XXXX 7572 to the complainant which was attached with above said account of complainant. It is further alleged that the opposite parties without the consent and approval of complainant debited Rs. 30,652/- from the credit card of the complainant on account of taking one insurance policy from Bajaj Allianz insurance company, whereas the complainant neither applied for any such policy, nor authorized the opposite parties to take insurance policy for him and after receiving the message on his mobile phone about deduction of amount from his credit card regarding above mentioned policy complainant immediately contacted the opposite party No. 1 and requested to cancel the above mentioned policy. The complainant even personally visited the office of opposite party No. 1 and moved a written request dated 13.4.2021 for cancellation of said policy & also applied for closure of credit card. The complainant was surprised to receive a text message from opposite party No. 1 vide which it was informed that Rs. 4,387/- has been deducted from his account on 31.12.2021 with respect to above mentioned credit card, whereas the complainant had already closed the credit card vide application dated 13.4.2021 moved by him to Opposite Party No. 1. Thereafter, the complainant again visited the office of opposite party No. 1 to enquire about the details of amount of Rs. 4,387/- which has been illegally debited by them from his account. The complainant requested the opposite party No. 1 to refund the same as he had moved a written request with the opposite party No. 1 in this regard which was duly acknowledgment dated 13.1.2022. The opposite party No. 1 assured the complainant that after verifying the records, the above said amount will be refunded in his account very soon. But the opposite party failed to refund the same, so the complainant again submitted a written request duly received by opposite party No. 1 on 19.3.2022 for the refund of above said amount of Rs. 4,387/-, but the opposite parties instead of closing the credit card and refunding the amount of Rs. 4,387/- again deducted an amount of Rs. 9,557/- from his bank account on 9.9.2022, Rs. 8,701/- on 30.10.2023 and Rs. 101.72/- on 22.1.2024 towards above mentioned credit card which is totally illegal as the complainant has already closed his credit card on 13.4.2021. Thus, the opposite parties have illegally deducted the amount of Rs. 22,746.72/- from the account of complainant. The complainant again visited the office of opposite party No. 1 and requested to refund the amount of Rs. 22,746/-, but the opposite party No. 1 flatly refused to do so and told that the credit card has not been closed by them and the above said amounts have been deducted as penalties and interest toward the credit card. The opposite parties have now shown the account balance as negative and have issued text messages to the complainant showing his balance as –Rs. 23,049.42/- as on 10.1.2024 and –Rs. 32,711.43/- as on 24.1.2024. It is further alleged that opposite party No. 1 told that whenever any amount will be credited in his account then the same would be deducted towards above said amount and they will not close the credit card unless and until the above mentioned amount of Rs. 32,711/- is paid by the complainant which is totally wrong and illegal. From the above said act it is clear that there is gross negligence and deficiency in service on the part of the opposite parties. Hence, the present complaint is filed for seeking the following reliefs.-

1. The opposite parties may be directed to refund the amount of Rs. 22,746/- illegally deducted by opposite party from the saving bank account of complainant alongwith interest @ 18% per annum from the date of deduction till realization of entire amount. To withdraw the demand of Rs. 32,711/- shown as outstanding in the above mentioned account as is raised vide SMS dated 25.1.2024 and not charge any amount in future in respect of above mentioned credit card by closing the credit card with immediate effect. To pay Rs. 50,000/- to the complainant on account of mental tension, agony, pain, harassment suffered by complainant & pay Rs. 7,500/- as litigation expenses.  

3.                Notice was sent to the opposite parties No. 1 & 2 but they failed to appear and were proceeded against exparte vide order dated 21.3.2024. 

4.                To prove his case the complainant tendered into evidence his own affidavit Ex.C-1, copies of credit card bills Ex.C-2 to Ex.C-8, copy of account statement Ex.C-9 & Ex.C-10, copy of applications Ex.C-11 to Ex.C-13, copy of screen shot Ex.C-14 & Ex.C-15, copy of aadhar card Ex.C-16 and closed the evidence.

5.                We have heard the learned counsel for the complainant and have gone through the record on file.

6.                In order to prove his case, the complainant has placed on record his detailed affidavit Ex.C-1, vide which he reiterated the averments as mentioned in the complaint. He has further placed on record copies of  credit card bills Ex.C-2 to Ex.C-8. From the perusal of Ex.C-5 it shows that an amount of Rs. 30,652/- credit on 29.3.2021 on account of an EMI ((Ref# 09999999980329000162853) and at page 2 of 2 in the column Smart EMI Loan Summary, it is mentioned that the loan amount Rs. 30652/- booked on 29.3.2021 and the loan tenure is of 24. In Ex. C-6 total dues mentioned as Rs. 36,981/- and in Ex. C-8 total dues mentioned as Rs. 40,082/- . Further, from the perusal of account statement Ex.C-9 at Page No. 5 it shows that Rs. 4387.24 has been deducted from his bank account on 31.12.2021. Further, in Ex.C-9 at Page No. 1 of 2 it is mentioned that an amount of Rs. 9557.96 has been deducted on 9.9.2022 from the bank account of the complainant and an amount of Rs. 8701.34 has been deducted from the bank account of the complainant on 30.10.2023. Further, from the perusal of account statement Ex.C-10 it shows that an amount of Rs. 101.72 has been withdrawal on 22.1.2024 from the bank account of the complainant. The complainant also placed on record copy of applications Ex.C-11, which shows that on 13.4.2021, the complainant has requested the Bank Manager HDFC Sangrur for closing his credit card. The complainant further placed on record copy of application dated 13.1.2022 in which complainant has requested to close the policy which was issued without his consent.

7.                So, from the perusal of file it is established that the opposite parties without the consent of the complainant deducted the total amount of Rs. 4,387/-, Rs. 9,557/-, Rs. 8,701/- and Rs. 101.72/- i.e. total Rs. 22,746.72/-from the account of the complainant.

8.                Moreover, on the other hand, the opposite parties have preferred to remain exparte and no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant. Hence, the opposite parties are liable for the deficiency in services and unfair trade practice.

9.                As a result of the above discussion, the present complaint is partly allowed against the opposite parties and the opposite parties are directed to pay Rs.  22,746/- alongwith interest @ 7% per annum from the date of filing of the present complaint to the complainant till its realization. The opposite party is also directed to pay the amount of Rs. 5,000/- as consolidated amount of compensation and litigation expenses to the complainant. 

10.               This order be complied with within a period of sixty days of receipt of copy of this order.

11.               The complaint could not be decided within the statutory time period due to heavy pendency of cases.

12.               Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.

 

Pronounced.

 

                       October 11, 2024.

 

 

  (Kanwaljeet Singh)    (Sarita Garg)      (Jot Naranjan Singh Gill)

           Member                       Member                   President