DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 144/2016
D.No- ___________________ Date: ________________
IN THE MATTER OF:
VINAY CHAUHAN,
S/o SH. VIJAY PAL SINGH CHAUHAN,
R/o 79, RAJPURA GURMANDI,
DELHI-110007. … COMPLAINANT
Versus
HDFC BANK LTD.,
(THROUGH ITS CHAIRMAN/M.D./MANAGER),
A-2, CC COLONY, OPP.- RANA PRATAP BAGH,
NEW DELHI-110007.… OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 20.01.2016
Date of Decision: 04.06.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant’s wife namely Smt. Veenu Chauhan is having saving account bearing account no. 20931930001627 with OP. On 16.12.2015, the complainant booked online ticket for Goa trip for
CC No. 144/2016 Page 1 of 5
himself and his family members for a sum of Rs.20,974/- but OP debited the amount twice from the complainant’s wife account. The complainant further alleged that the complainant approached to OP for refund the amount but the official of OP assured the complainant that the amount will be credited in the account of the complainant’s wife within one week. The complainant further alleged that the complainant was shocked when the complainant did not receive any single penny from OP after one week and after that the complainant lodged a complaint against OP at P.S. Model Town and Sh. Jagmohan Ahuja, S.I., went to OP and the officials of OP assured him that the amount will be credited in the account fo the complainant’s wife but the amount was still not credited in her account and thereupon the officials of OP informed to send an e-mail to the head office of the bank and a reply from the head office was received to the effect that the amount has been credited.The complainant further alleged that the amount has not been credited and OP has also forcibly issued a Mediclaim policy to the complainant and as and when the complainant made some online purchases, OP used to debit Rs.50/- or Rs.100/- every time without any reason and there is an act of deficiency in service on the part of OP.
2. On these allegations the complainanthas filed the present
CC No. 144/2016 Page 2 of 5
complaint praying for direction to OP to refund amount of Rs.20,974/-.
3. OP has been contesting the case and filed reply wherein OP submitted that the complaintis not maintainable and same is liable to be dismissed. OP further submitted that the savings account bearing no. 20931930001627 is in the name of Mrs. Veena Chauhan who is the customer of OP. However, the complaint is signed and filed by Mr. Vinay Chauhan who does not share any banking relation with OP and the complainant is not a consumer of OP. OP further submitted that the credit of Rs.20,974/- has been made by OP on 18.12.2015 and the same was communicated to the complainant vide e-mail dated 11.01.2016 and thus the complaint is not maintainable and liable to be dismissed under Sec.-26 of the Consumer Protection Act, 1986. OP further denied the allegation of the complainant that the complainant’s amount has been invested in Mediclaim policy and OP has been illegally and arbitrarily deducting amounts of Rs.50/- or Rs.100/- on online transactions. OP accordingly contended that there is deficiency in service on the part of OP and the complaint is liable to be dismissed.
4. The complainant filed rejoinder to the reply of OP and denied the contentions of OP.The complainant submitted that the payment of
CC No. 144/2016 Page 3 of 5
Rs.20,974/- was received on 18.12.2015 from Make My Trip and not from OP.
5. In order to prove hiscase the complainant filed his own evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of voter ID card, copy of FIR bearing no. DD 31 B dated 17.12.2015 lodged by P.S. Model Town, Delhi, copy of bank passbook statement of account issued by OP, copy of SMS alert, copy of adhar card of the complainant’s wife namely Mrs. Veenu Chauhan, copy of e-mail communication between the parties and copy of online tickets.
6. On the other hand on behalf of OPSh. Rajesh Gupta,Branch Manager of OP filed his affidavit in evidence which is as per lines of defence taken by OP in the reply and also filed written argument.
7. We have heard submissions of counsel for the parties and perused the record.
8. This Forum has considered the case of the complainant in the light of evidence of both the parties and documents placed onrecord by the complainant.It is the admitted case of the complainant that an amount of Rs.20,974/- has been credited in the bank account of his wife with OP as the complainant has himself filed copy of statement of account. It is immaterial if the amount was credited by Make My Trip or by OP. It is clear that disputed amount of Rs.20,974/- has
CC No. 144/2016 Page 4 of 5
already been credited in the bank account of the wife of the complainant. Thus, the complainant ought not to have filed the present complaint on these allegations. It further clearly shows that the complainant with a view to extort money from OP has filed the present case. We are further of opinion that there is no merits in the complaint and the same is dismissed with special cost of Rs.2,500/- which is to be paid by the complainant to OP and in case of failure on the part of the complainant to pay or deposit the said amount with OP then the OP will be at liberty to debit the said amount in the account of the wife of the complainant.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 4th day of June, 2018.
BARIQ AHMED (USHA KHANNA) M.K. GUPTA
(MEMBER) MEMBER(PRESIDENT)
CC No. 144/2016 Page 5 of 5
