Punjab

Faridkot

CC/22/15

Bhupesh Jain - Complainant(s)

Versus

HDFC Bank Ltd - Opp.Party(s)

Atul Gupta

31 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

Complaint No. :             15 of 2022

Date of Institution :        01.02.2022

Date of Decision :           24.08.2022

 

Bhupesh Jain aged about 54 years, son of R C Jain, resident of Street No. 2, New Cantt Road, Faridkot, Tehsil and District Faridkot.                            

                         .....Complainant

Versus

 

1. H.D.F.C. Bank Ltd, through its Branch Manager, Near Bus Stand, Faridkot.
2. H.D.F.C. Bank Ltd through its Authorized Signatory, H.D.F.C. Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013.

 

..........OPs

 

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:     Smt Param Pal Kaur, Member,

                     Sh Vishav Kant Garg, Member.

Present:       Sh Atul Gupta, Ld Counsel for Complainant,

 OPs Ex-parte.

 

 

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ORDER

(Param Pal Kaur, Member)

                                           Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OPs seeking directions to set aside the demand notice dated 11.01.2022 for Rs.27,593.43 and to not to put any restrain on complainant from continuing the transactions in his account, to release NOC and for further directing them to pay Rs.50,000/-on account of compensation for harassment and mental agony suffered by him besides litigation expenses of Rs.11,000/-.

 2                                   Briefly stated, the case of the complainant is that complainant holds an account bearing no.06481000100676 with OP-1 and he has availed one credit card from OPs. Credit Card was availed in 2005 with maximum limit of Rs.20,000/-, meaning thereby, OPs gave him maximum cap of Rs.20,000/-for using the said credit card. It is submitted that since the day of issuance of credit card till date, he has not used the said card for any other purpose except for Rs.4,000/-. OPs sent him credit card statement dated 10.06.2005, but complainant has not used the same except for only Rs.4000/-and on receiving the said statement dated 10.06.2005, complainant raised protest with them vide letter dated 05.07.2005 in reply to which OPs sent e-mail

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wherein said that they would take up the matter with concerned Member Bank. Thereafter, complainant was called upon by the then Sales Manager, Credit Card Mr Abhineet Sabharwal at his office where also he apprised that he has never used any amount other than Rs.4000/-against amounts reflected in Statement dated 10.06.2005. Even on 01.06.2005, complainant surrendered his said credit card. On assurance of OPs, complainant took that his credit card amounts, which were not used by him, were settled by OPs, but he was shocked to receive letter dated 11.01.2022 showing credit card balance of Rs.27,593.43 due towards him. OPs put hold on his account and his transactions without any reason. It is further submitted that nothing is due or outstanding towards complainant and serving of notice dated 11.01.2022 after a long period of 17 years, is illegal and unlawful. Complainant approached OPs and made several requests to them to withdraw the said notice and regularize his account by lifting hold from his account, but all in vain and they did not pay any heed to redress his grievance. All this amounts to deficiency in service and has caused huge harassment and mental agony to him. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the present complaint.

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3                                              Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 04.02.2022, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                      Notice containing copy of complaint alongwith relevant documents was sent to OP-2 through registered post, but it did not receive back undelivered. Acknowledgment might have been lost in transit. OP-2 presumed to be served. Notice issued to OP-1 was duly served through Peon, but nobody appeared in this Commission on date fixed either in person or through counsel. Statutory period expired. Despite long waiting till 4.00 O’clock, when no one appeared on behalf of OPs, on date fixed then, both OP-1 and OP-2 were proceeded against ex parte vide order dated 11.04.2022.

5                                                         Proper opportunity was given to complainant to lead evidence to prove its pleadings. Ld counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-12 and then, closed his evidence

 

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6                                                      We have heard the ex-parte arguments advanced by ld Counsel for complainant and have also carefully gone through the case file and record available.

7                                                         From the careful perusal of record, it is observed that case of the complainant is that complainant has an account with OP-1 and he has availed one credit card in 2005 with maximum limit of Rs.20,000/-. Since the day of issuance of credit card till date, he has not used the said card for any other purpose except for Rs.4,000/-, but OPs sent him credit card statement dated 10.06.2005 that reflected amounts which were never used by him. On receiving the same, complainant wrote letter Ex C-11 to OPs, wherein he cleared his position that he had done only one transaction on 29.05.2005 to Avenues India Pvt Ltd for Rs.4000/- and he did not make any other transactions as reflected in said credit card statement dated 10.06.2005. He further moved letter to OPs wherein requested that he did not make any other transaction except for Rs.4000/-and submitted that all the other transactions might have been made by someone fraudulently beyond his knowledge. Through e-mail, OPs assured complainant that they would take up the matter with concerned Member Bank. Thereafter, complainant was called upon by the

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then Sales Manager, to whom he apprised that he has never used any amount other than Rs.4000/-against amounts reflected in Statement dated 10.06.2005. Even on 01.06.2005, complainant surrendered his said credit card. On assurance of OPs, complainant was under impression that his credit card amounts, which were not used by him, were settled by OPs, but he was shocked to receive impugned letter showing balance of Rs.27,593.43 due towards him and moreover, OPs illegally put restrain over his account and his transactions without any reason. Grievance of the complainant is that nothing is due towards him, but despite repeated requests to them to withdraw the said notice and regularize his account by lifting hold on his account, Ops did not bother to pay heed to his requests and did not do anything needful to redress his grievance which amounts to deficiency in service. On the other hand, there is no rebuttal from OPs side. Despite service, they did not bother to come present in Commission to contest the allegations levelled by complainant.

8                                           It is made out that inaction on the part of OPs in not lifting hold from the account of complainant and issuance of letter by them after long gap of 17-18 years is inappropriate and not proper. Despite repeated requests, OPs have not withdrawn the impugned notice and have also not

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regularized his account, meaning thereby they have failed to redressed his grievance and it amounts to deficiency in service and trade mal practice on their part.

9                                     Ld Counsel for complainant has brought out attention towards document Ex C-4 issued by OPs that proves the pleadings taken by complainant that since the date of issuance of credit card, he has used the same only for Rs.4,000/-. This account statement is dated 10.06.2005. Through Ex C-5, complainant has brought this fact into our notice that complainant has already sent letter to OPs to block his credit card and this letter also bears reference to letters dated 21.06.2005 and 23.06.2005 vide which he has cleared the his position that he has used the said credit card for only one transaction on 29.05.2005 to Avenues India Pvt Ltd for Rs.4,000/-. Letter dated 21.06.2005 moved by complainant before OPs is Ex C-11. From Ex C-9 there remains no doubt that complainant has brought this grievance to the notice of OPs and has requested them to block his card and prayed for issuance of correct statement in respect of his credit card. Complainant has prayed for directions to OPs to withdraw the demand raised by OPs vide Ex C-12 for Rs.27,593/- on 11.01.2022. The outstanding amount shown towards complainant vide

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impugned letter is illegal and incorrect and act of  imposing  hold by Ops on account of complainant, is inappropriate. Complainant has placed on record sufficient and cogent evidence to prove his pleadings and all the documents placed on record by complainant are authentic and are beyond any doubt.

10                                             From the above discussion and keeping in view the pleadings made and evidence produced by complainant, it is made out that there is deficiency in service on the part of OPs bank. Hence, complaint in hand is hereby allowed. Opposite parties are directed to withdraw the notice dated 11.01.2022. OPs are further directed to not to put any check or restrain over account of complainant. Moreover, the amount that has been illegally and arbitrarily  deducted by OPs under the guise of notice dated 11.01.2022 be also refunded to the complainant with interest as per prevalent rate. No Objection Certificate with regard to credit card of complainant that has already been surrendered by him with OPs, be issued by OPs to complainant. Ops are further directed to pay Rs.5,000/- to complainant as compensation for harassment and mental agony suffered by him alongwith Rs.4,000/-as litigation expenses incurred by him on present complaint. Compliance of this order be made within one month of receipt of copy of the order failing which complainant shall be

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entitled to initiate proceedings under section 71 and 72 of the Consumer Protection Act, 2019. Copy of the order be supplied to parties free of costs as per law. File be consigned to record room.

Announced in Commission

Dated: 24.08.2022

 

(Vishav Kant Garg)                 (Param Pal Kaur)   

  Member                                   Member