Haryana

Ambala

CC/247/2015

Neeraj Kapoor - Complainant(s)

Versus

HDFC Bank Ltd. - Opp.Party(s)

Rajesh Malik

10 Nov 2017

ORDER

 

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                             Complaint No. 247 of 2015.

                Date of Institution: 03.09.2015.

   Date of final order: 10.11.2017.

 

Neeraj Kapoor son of Sh.Purshotam Lal Kapoor, resident of 7393/4, Rampura, Ambala City.

                                                                 .….Complainant.

                                       Versus

1. HDFC Bank Limited, SCO 1 & 2 Sector 7, Vivek Nand Cloth Market Opp. Bal Bhawan, Near Aggarsain Chowk, Urban Estate, Ambala City, through its Manager.
2. HDFC Bank Ltd. HDFC Bank House, Senapati Bapat Marg, Lowel Parel, (West) Mumbai-400013.

                                                          …..Opposite parties.

                          Complaint under section 12 of

Before: Sh. Dina Nath Arora, President.

    Smt. Anamika Gupta, Member.

            Sh. Pushpender Kumar, Member.   

 

Present:  Sh. U.S.Chauhan, Adv. for complainant.

              Sh. Kavinder Chawla Adv. for opposite parties.

                             

ORDER

 

             The brief facts of the complaint are that the complainant is having saving account No.065411400005448 with OP No.1 and as per Banking Rules and Regulations, the OPs cannot issue the copy of statement of account to anybody and they had to maintain the secrecy of every account holder. It has been further averred that litigation such as divorce petition and petition under Section 125 Cr.P.C between the complainant and his wife Smt.Promila were pending in the court and the OP No.1 had issued computerized pass book, copy of statement of account to his wife without his consent which she had produced in the said litigation and on the basis thereof learned District Judge of Family Court had granted maintenance @ Rs.10,000/- per month vide order dated 17.01.2014. Due to the act and conduct of the Ops the complainant has to suffer financial loss besides mental agony, therefore, the complainant made a representation in the month of September, 2013 in this regard but when the OPs did not pay any heed then he got served legal notice upon them. The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C15.

2.                     On notice OPs appeared and filed their joint reply wherein it has been submitted that there is no deficiency in service on the part of OPs as they have not issued pass book or any other document to anybody, therefore, violation of rules and regulations of the bank does not arise at all. The OPs have no knowledge about pendency of any litigation between the complainant and his wife. Other contentions made in the complaint have been controverted and prayer for dismissal of the complaint has been made.  In evidence, the Ops have tendered affidavit Annexure RA on the cae file.             

3.             We have heard learned counsel of both the parties and also perused the record placed on file.

4.             Undisputedly, the complainant is having account with the Ops. The complainant has come with the plea that the Ops had issued computerized pass book and statement of account of his bank account to his wife which she had produced during the litigation pending between them and therefore, the Family Court had granted maintenance @ Rs.10,000/- per month vide order dated 17.01.2014 to his wife. In support of his contentions he has placed on file documents such as Annexure C13 (statement of account) Annexure C14 (photo copy of affidavit of Smt.Promila filed by her in petition under Section 125 Cr.P.C.) and Annexure C15 (judgment dated 04.01.2012 passed by Additional District Judge, Ambala) besides correspondence made by him with bank Annexure C5, Annexure C11 and Annexure C12.

5.                     After hearing learned counsel for the parties and going through the material available on the case file it is crystal clear that the allegations levelled against the complainant are based on assumption and presumption as there is no credible evidence on the case file to prove his allegations. Though the complainant has produced Annexure C14 (photo copy of affidavit of Smt.Promila filed by her in petition under Section 125 Cr.P.C.) and Annexure C15 (judgment dated 04.01.2012 passed by Additional District Judge,Ambala) in his evidence but these documents alongwith other evidence placed on file by the complainant do not show that the OPs were/are deficient in providing service and moreover these documents do no indicate that the computerized pass book/statement of account, if any, produced by Smt.Promila during the proceedings of litigation pending between her and complainant were delivered to her by the OPs. We have also gone through the Annexure C15 i.e. copy of order dated 04.01.2012 passed in case titled as Neeraj Kapoor Vs. Promila in petition under Section 13 of Hindu Marriage Act  and Hon’ble Additional Judge while deciding the application under Section 24 of H.M.A has clearly mentioned that Promila (wife of the complainant) had filed the attested copy of statement of account of Neeraj from 03.01.2011 to 11.11.2011 which was issued by ICICI Bank. Perusal of the case file reveals that the ICICI Bank has not been made party in the present complaint and the complainant has failed to prove his case by leading cogent and reliable evidence.

6.                Hence, in view of above discussed factual position we are of the considered view that the present complaint is hereby dismissed being devoid of any merit leaving the parties to bear their own costs. Copy of this order be supplied to both the parties free of cost.  File be consigned after due compliance.

 

Announced on: 10.11.2017

 

                                                                                                                                                                           ( D .N.Arora)

(Pushpender Kumar)  (Anamika Gupta       )                                                                                                         President,

Member                           Member                                                                                                           District Consumer Disputes                                                                                                                                                                                     Redressal Forum, Ambala