Punjab

Fatehgarh Sahib

CC/59/2015

Devki Nandan Gupta - Complainant(s)

Versus

HDFC Bank Ltd. - Opp.Party(s)

Sh. Sumit Gupta

23 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                       Consumer Complaint No.59 of 2015

                                                              Date of institution:  03.07.2015                                         

                                                             Date of decision   :  23.12.2016

Devki Nandan Gupta son of Sh. Banwari Lal Gupta, Office No.30, Nidhi Steels India, G.T.Road Sirhind Side, Sector-19, Block A, Mandi Gobindgarh.

……..Complainant

Versus

1.  HDFC Bank, Ltd. having its registered office at HDFC Bank House, Senapat Bapat Marg, Lower Parle(West) Mumbai-400013 through its Managing Director.
2. The Branch Manager, HDFC Bank Ltd., Main Post Office, Mandi Gobindgarh, District Fatehgarh Sahib.

                                                                                …..Opposite parties      

Complaint under Section 12 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                         

Sh. Amar Bhushan Aggarwal, Member

 

Present : Sh. Sumit Gupta , Adv.Cl. for the complainant.                      

                 Sh. A.K. Gupta, Adv.Cl. for the OPs.

                      

ORDER

By Ajit Pal Singh Rajput, President

              Complainant, Devki Nandan Gupta son of Sh. Banwari Lal Gupta, Office No.30, Nidhi Steels India, G.T.Road Sirhind Side, Sector-19, Block A, Mandi Gobindgarh, has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                    The complainant and his wife have a separate bank accounts with OP No.2  and are the preferred customer of it. On persuasion and request of OP No.2 the complainant agreed to get a fixed deposit for the sum of Rs.4,25,000/- for a period of 12 months and 16 days. OP No.2 assured that a sum of Rs.4,66,393/- shall be returned upon the maturity of the FDR on 18.04.2015. It was also assured by OP No.2 that the complainant can redeem the said amount at any time even before the maturity period without maturity amount, if the complainant so desires in future for any reason. Accordingly, the complainant made a payment of Rs.4,25,000/- on 02.04.2014 through his HDFC account No.03421000056128 for getting the said FDR. Similarly the wife of the complainant also made a payment of Rs.1,25,000/- on 02.04.2014 through her own bank account No.03421000056086 for getting FDR in her own name.   The OP despite receipt of the whole amount in respect of FDRs of the complainant and his wife failed to issue policy documents/certificates to them in time. Thereafter upon the receipt of the said certificate of the fixed deposit, the complainant was shocked and surprised to see that the OPs issued certificate of fixed deposit of Rs.1,25,000/- in favour of the complainant with maturity amount of Rs.1,37,174/- with maturity date of 18.04.2015 instead of Rs.4,25,000/-. Similarly the OPs issued certificate of fixed deposit of Rs.4,25,000/- with maturity amount of Rs.4,66,393/- in favour of wife of the complainant instead of Rs.1,25,000/-.  Thereafter, the complainant contacted OP No.2 and requested it to rectify the mistake and issue correct certificates in respect of fixed amounts deposited by him and his wife. But no assurance was given by the OPs to do the needful and to redress the genuine grievance of the complainant. The complainant brought to the knowledge of the OPs that he is a businessman and every single penny he spent is accountable and he maintained proper account of his expenses and if the mistake is not corrected then he will have to face a lot of complications in justifying his account and further the same will also lead to tax implications for him. But nothing has been done by the OPs till date.  The complainant also requested the OPs for premature redemption of FDR of Rs.4,25,000/- as he is in urgent need of money, but the OPs refused to do so. The act and conduct of the OPs amounts to gross deficiency in service on their part. Hence, this complaint for giving directions to the OPs to pay a sum of Rs.4,25,000/- along with interest; Rs.2,00,000/- as compensation for harassment, mental agony pain, loss of precious time and business losses and Rs.25,000/- as litigation costs.

3.          The complaint is contested by the OPs, who filed the joint written reply. In reply to the complaint the OPs raised certain preliminary objections, inter alia,  that the present complaint is not legally maintainable and competent and the same is liable to be dismissed; the present complaint does not fall within the provisions of Consumer Protection Act; the complainant has not come to the court with clean hands; this Forum has no jurisdiction to entertain and try the present complaint and the present complaint is false, frivolous, fictitious and vexatious one and based upon concoction and contrary to the well established law. As regards the facts of the complaint the OPs stated that the proceeds of the FDR of Rs.4,25,000/- was issued by the bank in the name of Mrs. Yogita Gupta, wife of the complainant, upon the instructions of complainant from his account No. 03421000056128.  The said FDR was obtained by the complainant from the bank, who is also the signatory of the bank account No.03421000056086 in the name of his wife Smt.Yogita Gupta.  The complainant never raised any objection  at the time of issuance as well as receipt of said FDR of Rs.4,25,000/-. Even the wife of complainant never raised any objection that the FDR of Rs.4,25,000/- has been wrongly issued in her name.  It is pertinent to mention that the complainant and his wife are the members of Joint Hindu Family and they are residing jointly under one roof and are also joint by mess and meals.  The said FDR of Rs.4,25,000/- was issued on 02.04.2014 for a period of 12 months 16 days. But before the maturity date the beneficiary of the FDR namely Smt. Yogita Gupta get the said FDR broken on 05.09.2014 and the proceeds of the same were transferred in the joint account No.03421000056086 in the name of Mrs. Yogita Gupta and complainant. It is further stated that the FDR of Rs.1,25,000/- was got issued by the complainant and his wife in the name of complainant Devki Nandan Gupta on the specific instructions of the complainant. The wife of the complainant also got an FDR of Rs.1,20,000/- from her account and the same was broken on 05.09.2014 and the proceeds of the same were transferred in her account. Both the said FDRs were rightly issued by OP No.2 upon the instructions of the complainant and his wife. There is no deficiency in service on the part of the OPs. After denying the other averments made in the complaint, OPs prayed for dismissal of the complaint.

4.                    In order to prove the case, the complainant tendered in evidence his affidavit Ex. C-1, copy of statements of account Ex. C-2 & Ex. C-3,  copy letter dated 09.10.2014 Ex.C-4, copy reply to letter dated 11.10.2014 Ex.C-5, copy of deposit confirmation/renewal advice Ex. C-6 and closed the evidence. In rebuttal OPs tendered in evidence affidavit of Sameer Kapoor Ex. OP-1, certificate dated 18.02.2016 Ex. OP-2, certified copies of statement of accounts Ex. OP-3 to Ex. OP-5 and closed the evidence.

5.                    Learned counsel for the complainant has submitted that the OPs had committed deficiency of service by negligently and wrongly issued certificate of the fixed deposit, the complainant was shocked and surprised to see that the OPs issued certificate of fixed deposit of Rs.1,25,000/- in favour of the complainant with maturity amount of Rs.1,37,174/- with maturity date of 18.04.2015 instead of Rs.4,25,000/-. Similarly the OPs issued certificate of fixed deposit of Rs.4,25,000/- with maturity amount of Rs.4,66,393/- in favour of wife of the complainant instead of Rs.1,25,000/-.He pleaded that the OPs have failed to place on record any material despite the same being in their possession.

6.                    On the other hand, learned counsel for the OPs has objected to the submissions made by the learned counsel for the complainant. He pleaded that no amount has been withheld by the OPs and the FDs were issued on the direction of the complainant. Learned counsel argued that the complainant has leveled baseless allegations, thus his complainant deserves to be dismissed.     

7.                    After hearing the Learned Counsel for the parties and going through the pleadings, evidence produced by the parties and the oral arguments and written submissions, we are of the opinion that it is established from the sworn affidavit Ex.C-1 of the complainant and letter Ex.C-4 that the OPs had negligently issued wrong FDs in the name of the complainant and his wife. The OPs had also failed to place any material on record in order to prove that the FDs were issued as per the instructions of the complainant and his wife. It is evident from statement of accounts Ex.OP-3 to Ex.OP-5 that the said amounts of the FDs had been transferred to the account of the complainant and his wife.

8.                    Accordingly, in view of our aforesaid discussion, we find that the OPs have committed deficiency of service by negligently issuing the FDs in the name of the complainant and his wife. Hence we direct the OPs to pay a sum of Rs.10,000/- on account of mental agony caused to the complainant alongwith litigation costs of Rs.5000/-.

9.                    The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of certified Order. In case OPs fail to comply the same, within the stipulated period, the OPs shall be liable to pay 8% p.a on the awarded amount to the complainant. The present complaint stands partly accepted. 

10.                  Copies of order be supplied to the parties free of cost and thereafter file be consigned to the record room. 

Pronounced

Dated: 23.12.2016                                         (A.P.S.Rajput)               

                                                                                President

 

(A.B. Aggarwal)        

               Member