Date of Filing:16.01.2008<br /> Date of Order:08.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 8TH DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 158 OF 2008<br /> <br /> H. V. Samvatsar<br /> No. 17/A, Panchavati, 2nd Floor<br /> 6th Cross, 8th Main<br /> Brindavan Nagar, Mathikere<br /> Bangalore 560054 Complainant<br /> <br /> V/S<br /> HDFC Bank Ltd.<br /> HDFC House<br /> 51, Kasturba Road<br /> Bangalore 560001 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the opposite party bank has returned ECS wrongly in August 2007 which should have been deposited in account No. 0091330001355. The opposite party bank returned two ECS transactions wrongly. They may please be asked to take up the matter with the Registrar of Central Bank of India and Purvankara Projects and get the money transferred to the account of the complainant. Mistake occurred at HDFC Bank. There is clear lapse of service on the part of the opposite party bank in returning two ECS transactions. Therefore, the complainant requested that opposite party bank may please be asked to get him money Rs. 12,240/- pluse Rs. 2,500/- transferred to his account along with interest. <br /> 2. Notice was sent to opposite party bank. The opposite party bank has put in appearance and defence version submitted admitting that complainant has got an account bearing No. 0091330001355 with the opposite party bank. It is also admitted by the opposite party that two electronic clearance service transactions for Rs. 12,240/- and Rs. 2,500/- were received from Central Bank of India and Purvankara Projects Ltd. The name of the complainant as per records of the bank is H.V. Samvatsar. As name of the complainant in the bank records did not match with the particulars of the beneficiary in the ECS advice the opposite party was unable to pay the amount in the account of the complainant. Accordingly, the aforesaid amounts have been returned to Central Bank of India and Purvankara Projects Ltd. There is no deficiency of service on the part of the opposite party bank. Money had already been sent back to the Central Bank of India and Purvankara Projects Ltd. on the very same day, opposite party will not be able to retrieve the aforesaid sums. Money will be lying with the Central Bank of India and Purvankara Projects Ltd. and same can be collected from the complainant. Therefore, the opposite party requested to dismiss the complaint.<br /> 3. Arguments are heard. The complainant argued his case personally and requested the forum for granting relief.<br /> 4. Almost all the facts of the case are admitted. There is no dispute what so ever between the parties in respect of the facts of the case. It is admitted by the opposite party bank that it had received two ECS transactions on 17 August and 28 August. It is the case of the opposite party that ECS advice was received in the name of Hemanthkumar Vasanthrao Samvatsar. Since the name of the complainant as per the records of the bank is H.V. Samvatsar the name did not match the particulars of the beneficiary in the ECS advice. Therefore, the opposite party bank did not credit the said amount in the account of the complainant. The learned advocate of the opposite party submitted that amount has been sent back on the same day to the respective parties. The amount is not lying with the opposite party bank. The learned advocate of the opposite party submits that the complainant should request the Central Bank of India and Purvankara Projects Ltd. for sending the said amounts to the opposite party bank. The learned advocate of the opposite party submitted that complainant being the customer of the bank, the bank will definitely help him in sorting out the problem and get back the amounts from the Central Bank of India and Purvankara Projects Ltd. It is the case of the opposite party that since amounts had already been sent back they will not be able to retrieve the said amount. It appears that there was some confusion in respect of the name of complainant. Hemathkumar Vasanthrao is nothing but the extended name of intial H V. Hemanthkumar is the complainant’s name and Vasanthrao is his father’s name. Samvatsar is his Surname. The opposite party bank could have credited the amount of the complainant, but under confusion the opposite party bank instead of crediting the amount to the account of complainant, sent back the amounts to the respective parties. Therefore, there was deficiency in service on the part of the opposite party bank. Since, complainant is the customer of the opposite party bank, opposite party bank should take initiative and help him to get back the amount from the respective parties. The complainant shall also write letters to the Central Bank of India and Purvankara Projects Ltd. informing the factual situations. The complainant is a Central Government servant instead of standing on prestige and making the fact a prestige issue complainant and opposite party bank both together should workout to get the relief and solution to the problem. Consumer Protection Act 1986 is a social and benevolent legislation. The object of the Act is to protect the better interest of the consumers. The complainant here in is a consumer under the definition of the CP Act. Therefore, his interests to be protected by the service provider. The opposite party bank should take steps along with the complainant to get back the amount from the respective parties so that the problem will be solved amicably. With the above observation the present complaint is disposed off hoping that the complainant and opposite party shall take remedial and suitable steps in getting back the two ECS sent by Central Bank of India and Purvankara Projects Ltd. <br /> ORDER<br /> <br /> 5. The Complaint is disposed off. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 8TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />