Tamil Nadu

North Chennai

CC/341/2018

R Thenmozhi - Complainant(s)

Versus

HDFC Bank Ltd - Opp.Party(s)

B.Rajkumar Ashok Singh

28 Feb 2022

ORDER

                                                                  Complaint presented on 02.01.2012

                            

                                                                  Complaint presented on 02.01.2012

                                                                    Date of disposal          : 28.02.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.      : PRESIDENT

THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.341/2018

 

DATED THIS MONDAY THE 28^th DAY OF FEBRUARY 2022

                                

Mrs.Thenmozhi R.

W/o.D.Karthik,

No.4, Sarathy Apartments,

Annasamy Street,

Periyar Pathai, Choolaimedu,

Chennai – 600 094.

                                                                                                   .. Complainant.                                                                   ..Vs..

 

The Manager,

HDFC Bank Limited,

Cenotaph Road Branch,

No.30, Cenotaph Road,

Teynampet, Chennai – 600 018.                                         ..  Opposite party.

 

 

 

Counsel for the complainant                     : M/s.B.Rajkumar Ashok Singh

Counsel for the  opposite party               : Mr.T.K.M. Sai Krishnan

 

 

 

 

ORDER

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to  pay a sum of Rs.1,00,000/- towards compensation for mental agony with cost of this complaint.

This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No.02/2012.  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble S.C.D.R.C. and taken on file as C.C. No.341/2018.

1.THE COMPLAINT IN BRIEF:

          The complainant is working as a Team Leader in ANB Systems Private Limited. The employer of the complainant opened a bank account in the opposite party branch in the name of the complainant to deposit the salary in her account, the said account number is 12161050041959. The complainant availed service of the credit card vide  card No.5176521007259411,  in the said card transaction the opposite party credit card division claimed an outstanding amount of Rs.60,763.00  by sending a legal notice through one Mr.D.Sathyaraj Advocate on 06^th July, 2011 through speed post. Immediately after the receipt of the legal notice the complainant herein given a detailed reply notice on 25.07.2011. The complainant requested to produce the statement of accounts but the credit card division refused to produce and there after the complainant herein received the same through RTI. The statements received the same through RTI reflects how the credit card division exploited and manipulated the amount in the statement of accounts and further the subject mentioned card is deactivated much before long period. Without proceedings with due process of law the opposite party taken law in his hand without any proper notice or prior intimation hold  the salary account of the complainant on 05.11.2011 which shows the negligent and dereliction while discharging the duty and non application of mind hold the salary account which the opposite party is no way connected. The act of the opposite party in arrogant manner without considering the humanitarian grounds hold the salary account which is the livelihood for the complainant and his entire family and children. The opposite party credit card division clearly exploiting and extracting the innocent credit card holders without any substance of claim. The complainant requested the opposite party to furnish the statement of accounts and to rectify the double entries and other charges which has inflated and which is not legally enforceable shown as the outstanding. Whereas the opposite party credit  card division has not at all considered the request acted in inhuman manner taken the entire salary from the salary account which is livelihood for the whole family for the entire month, this itself very clearly shows the ulterior motive of the opposite party did not want to proceed in due process of law to recover the amount. Hence this complaint filed for compensation.       

2.WRITTENVERSION FILED BY THE  OPPOSITE PARTY  IN BRIEF:

          The complaint preferred by the complainant is not maintainable since the same is filed before this Hon’ble Forum with complete suppression of facts and materials. As per the Card Member Agreement/Usage guide, the complainant agreed to abide by the terms and conditions under which the said credit card was issued to him. It is pertinent to note here that the complainant conveniently after availing the facilities in the said Credit Card had used the same for purchases/cash withdrawals at various places for which the opposite party effected the payments to the said shops and establishments. Moreover, the complainants have availed loans vide Nos.1467741 and 2591024 for a sum of Rs.30,000 and Rs.40,000/- during December 2008 and November 2010 respectively in the said Credit Card. It is not true that the  complainant did not know about Credit Card Account. As a matter of fact the complainant had paid the monthly dues belatedly as against the due dates. The complainant never approached any appropriate person in the Bank requesting for the details or statements of the said outstanding dues in Credit Card. The opposite party had been consistently sending the monthly statements to the mailing address provided by the complainant and in fact the last payment date of the complainant was on 07.02.2011, this is more than sufficient to prove that the complainant had  enough knowledge about the statement of account of the said credit card. All the charges and penalties levied as per the banking policy and as per the guidelines of the Reserve Bank of India of which all the customers are well informed including the complainant. The opposite party bank had only exercised the “Banker lien and Right of Setoff” to the extent of the balance available in the HDFC Bank account No.12161050041959 for the dues pending the credit card No.5176521007259411, but the amount of Rs.42,594.95 p was debited from complainant bank account on 21.11.2011, after giving sufficient opportunity to the complainant vide letter dated 05.11.2011. The complainant is well aware of the fact that he could be liable to pay the outstanding amount that are in default together with interest thereon as  per agreed terms from such date on which it became due. The complainant with mala fide intention to achieve his wrongful gain and make wrongful hard to the bank, initiated this proceedings on the file of this Hon’ble Forum. It is the public money which had been used by the complainant through the credit card issued by the bank. This Honble Forum may be pleased to dismiss the complaint with exemplary cost.

 

 

3. POINTS FOR CONSIDERATION:    

1.Whether there is deficiency in service on the part of opposite party?

2. Whether the complainant is entitled for compensation cost and other reliefs 

     claimed in the complaint?

 

3. To what other relief, the complainant is entitled?

04.POINT NO 1 & 2

          The complainant opened  a saving bank account in the opposite party branch. The Account Number of complainant account is 12161050041959. The complainant also availed credit card service vide card number 5176521007259411. The opposite party also admitted the above fact.

          05. The case of the complainant is that the complainant received a legal notice from the opposite party on 06.07.2011, claiming an outstanding amount of Rs.60,763/-. The complainant requested the opposite party to provide statement of account through RTI and opposite party  provided statement of account to the complainant and found that  the opposite party manipulated the amount in the statement of account. The opposite party without following the due process of law and without prior notice hold salary account of the complainant and thereby committed deficiency in service .

          06. The opposite party contended  that  the complainant never approached the opposite party requesting for statement of account.  The opposite party had been consistently sending the monthly statement to the mailing address provided by the complainant. The complainant agreed the terms and conditions under which the said credit card was issued to him.  The opposite party bank exercised the banker line to the extent of the balance available in the HDFC bank account of the complainant.  There is no deficiency in service on the part of the opposite party.

          07. The complainant obtained credit card facility from the opposite party bank  and the complainant is a card  member  and agreed the terms and conditions under which the said card was issued to him.  The opposite party filed Ex.B1  copy of card members agreement. Therefore the complainant being credit card holder bound by the terms and conditions mentioned in the card members agreement.  The complainant after availing the credit card facilities purchased goods, withdrawal cash at various places. Further the complainant have availed loan for a sum of Rs.30,000 during December 2008 and 40,000 during November 2010.  Ex.B2 is the statement of account issued by the opposite party bank from 12.03.2008  till 12.08.2011. The above statement of account shows that the complainant used the  credit card facilities for purchase of goods, withdrawal of cash and obtained loan from the opposite party. 

          08.The complainant never requested the opposite party  to provide statement of account. The complainant also not filed any documents to show that he demanded copy of statement of account from the opposite party.   The opposite party alleged they used to send monthly statement to the mailing address provided by the complainant. The complainant till 2011 did not raise any objection regarding credit card account.  On the other hand the complainant raised objection only after receipt of the legal notice issued by the opposite party on 06.07.2011.

          09. The complainant has not filed any document, except the legal notice issued by the opposite party and reply notice issued by the complainant. The opposite party issued legal notice dated 06.07.2011 to the complainant demanding and outstanding amount of Rs.60,769/-.  The complainant sent a reply dated 25.07.2011 stating the opposite party charged hidden charger like financial service and service charges, but he has not stated anything about the alleged  manipulation of statement of account. Ex.A1 is the copy of notice dated 06.07.2011 and Ex.A2 is the reply notice dated 25.07.2011. Thereafter the opposite party issued legal notice dated 02.08.2011 and complainant issued reply notice dated 07.11.2011 and subsequently both the parties exchanged legal notice and same has been marked as Ex.A3 to Ex.A8.  Apart from the legal notices, the complainant has not marked any document to show that the opposite party manipulated the statement of account.

          10. The opposite party on 21.11.2011, after giving sufficient opportunities to the complainant, exercised the banker’s line to the extent of the balance available in the complainant salary account. The opposite party bank  has the right to lien and right to set off on all money in the name of complainant  card holder. The opposite party acted as per the terms and conditions mentioned in the card member agreement. The opposite party done their duty as per the terms and conditions mentioned in the card holder agreement. Therefore there is no deficiency in service on the part of the opposite party and the complainant is not entitled for compensation, cost and other reliefs as claimed in the complaint.

11. POINT NO :3

          Since the opposite party has not committed any deficiency in service, the complainant is not entitled for any reliefs as prayed and the complaint is liable to be dismissed.

          In the result this complaint is dismissed. No Costs.

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 28^th day of February 2022.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF COMPLAINANT:

Ex.A1 dated 06.07.2011                   Legal Notice dated 06.07.2011

Ex.A2 dated 25.07.2011                   Reply Notice dated 25.07.2011

Ex.A3 dated 02.08.2011                   Reply Notice dated 02.08.2011

Ex.A4 dated 07.11.2011                   Legal Notice dated 07.11.2011

Ex.A5 dated 08.11.2011          Legal Notice sent by the opposite party on 08.11.2011

Ex.A6 dated 09.11.2011          Notice issued to the complainant with the postal cover dated 09.11.2011

Ex.A7 dated 14.11.2011                   Legal Notice dated 14.11.2011

Ex.A8 dated 28.11.2011                   Reply notice dated 28.11.2011

LIST OF DOCUMENTS MARKED ON THE SIDE OF OPPOSITE PARTY

Ex.B1 dated NIL                      Card Members Agreement/ Usage Guide

Ex.B2 dated NIL                      Statement of Accounts

 

MEMBER – I                                                               PRESIDENT

 

 

 

 

 

                                        Date of disposal          : 28.02.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.      : PRESIDENT

THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.341/2018

 

DATED THIS MONDAY THE 28^th DAY OF FEBRUARY 2022

                                

Mrs.Thenmozhi R.

W/o.D.Karthik,

No.4, Sarathy Apartments,

Annasamy Street,

Periyar Pathai, Choolaimedu,

Chennai – 600 094.

                                                                                                   .. Complainant.                                                                   ..Vs..

 

The Manager,

HDFC Bank Limited,

Cenotaph Road Branch,

No.30, Cenotaph Road,

Teynampet, Chennai – 600 018.                                         ..  Opposite party.

 

 

 

Counsel for the complainant                     : M/s.B.Rajkumar Ashok Singh

Counsel for the  opposite party               : Mr.T.K.M. Sai Krishnan

 

 

 

 

ORDER

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to  pay a sum of Rs.1,00,000/- towards compensation for mental agony with cost of this complaint.

This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No.02/2012.  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble S.C.D.R.C. and taken on file as C.C. No.341/2018.

1.THE COMPLAINT IN BRIEF:

          The complainant is working as a Team Leader in ANB Systems Private Limited. The employer of the complainant opened a bank account in the opposite party branch in the name of the complainant to deposit the salary in her account, the said account number is 12161050041959. The complainant availed service of the credit card vide  card No.5176521007259411,  in the said card transaction the opposite party credit card division claimed an outstanding amount of Rs.60,763.00  by sending a legal notice through one Mr.D.Sathyaraj Advocate on 06^th July, 2011 through speed post. Immediately after the receipt of the legal notice the complainant herein given a detailed reply notice on 25.07.2011. The complainant requested to produce the statement of accounts but the credit card division refused to produce and there after the complainant herein received the same through RTI. The statements received the same through RTI reflects how the credit card division exploited and manipulated the amount in the statement of accounts and further the subject mentioned card is deactivated much before long period. Without proceedings with due process of law the opposite party taken law in his hand without any proper notice or prior intimation hold  the salary account of the complainant on 05.11.2011 which shows the negligent and dereliction while discharging the duty and non application of mind hold the salary account which the opposite party is no way connected. The act of the opposite party in arrogant manner without considering the humanitarian grounds hold the salary account which is the livelihood for the complainant and his entire family and children. The opposite party credit card division clearly exploiting and extracting the innocent credit card holders without any substance of claim. The complainant requested the opposite party to furnish the statement of accounts and to rectify the double entries and other charges which has inflated and which is not legally enforceable shown as the outstanding. Whereas the opposite party credit  card division has not at all considered the request acted in inhuman manner taken the entire salary from the salary account which is livelihood for the whole family for the entire month, this itself very clearly shows the ulterior motive of the opposite party did not want to proceed in due process of law to recover the amount. Hence this complaint filed for compensation.       

2.WRITTENVERSION FILED BY THE  OPPOSITE PARTY  IN BRIEF:

          The complaint preferred by the complainant is not maintainable since the same is filed before this Hon’ble Forum with complete suppression of facts and materials. As per the Card Member Agreement/Usage guide, the complainant agreed to abide by the terms and conditions under which the said credit card was issued to him. It is pertinent to note here that the complainant conveniently after availing the facilities in the said Credit Card had used the same for purchases/cash withdrawals at various places for which the opposite party effected the payments to the said shops and establishments. Moreover, the complainants have availed loans vide Nos.1467741 and 2591024 for a sum of Rs.30,000 and Rs.40,000/- during December 2008 and November 2010 respectively in the said Credit Card. It is not true that the  complainant did not know about Credit Card Account. As a matter of fact the complainant had paid the monthly dues belatedly as against the due dates. The complainant never approached any appropriate person in the Bank requesting for the details or statements of the said outstanding dues in Credit Card. The opposite party had been consistently sending the monthly statements to the mailing address provided by the complainant and in fact the last payment date of the complainant was on 07.02.2011, this is more than sufficient to prove that the complainant had  enough knowledge about the statement of account of the said credit card. All the charges and penalties levied as per the banking policy and as per the guidelines of the Reserve Bank of India of which all the customers are well informed including the complainant. The opposite party bank had only exercised the “Banker lien and Right of Setoff” to the extent of the balance available in the HDFC Bank account No.12161050041959 for the dues pending the credit card No.5176521007259411, but the amount of Rs.42,594.95 p was debited from complainant bank account on 21.11.2011, after giving sufficient opportunity to the complainant vide letter dated 05.11.2011. The complainant is well aware of the fact that he could be liable to pay the outstanding amount that are in default together with interest thereon as  per agreed terms from such date on which it became due. The complainant with mala fide intention to achieve his wrongful gain and make wrongful hard to the bank, initiated this proceedings on the file of this Hon’ble Forum. It is the public money which had been used by the complainant through the credit card issued by the bank. This Honble Forum may be pleased to dismiss the complaint with exemplary cost.

 

 

3. POINTS FOR CONSIDERATION:    

1.Whether there is deficiency in service on the part of opposite party?

2. Whether the complainant is entitled for compensation cost and other reliefs 

     claimed in the complaint?

 

3. To what other relief, the complainant is entitled?

04.POINT NO 1 & 2

          The complainant opened  a saving bank account in the opposite party branch. The Account Number of complainant account is 12161050041959. The complainant also availed credit card service vide card number 5176521007259411. The opposite party also admitted the above fact.

          05. The case of the complainant is that the complainant received a legal notice from the opposite party on 06.07.2011, claiming an outstanding amount of Rs.60,763/-. The complainant requested the opposite party to provide statement of account through RTI and opposite party  provided statement of account to the complainant and found that  the opposite party manipulated the amount in the statement of account. The opposite party without following the due process of law and without prior notice hold salary account of the complainant and thereby committed deficiency in service .

          06. The opposite party contended  that  the complainant never approached the opposite party requesting for statement of account.  The opposite party had been consistently sending the monthly statement to the mailing address provided by the complainant. The complainant agreed the terms and conditions under which the said credit card was issued to him.  The opposite party bank exercised the banker line to the extent of the balance available in the HDFC bank account of the complainant.  There is no deficiency in service on the part of the opposite party.

          07. The complainant obtained credit card facility from the opposite party bank  and the complainant is a card  member  and agreed the terms and conditions under which the said card was issued to him.  The opposite party filed Ex.B1  copy of card members agreement. Therefore the complainant being credit card holder bound by the terms and conditions mentioned in the card members agreement.  The complainant after availing the credit card facilities purchased goods, withdrawal cash at various places. Further the complainant have availed loan for a sum of Rs.30,000 during December 2008 and 40,000 during November 2010.  Ex.B2 is the statement of account issued by the opposite party bank from 12.03.2008  till 12.08.2011. The above statement of account shows that the complainant used the  credit card facilities for purchase of goods, withdrawal of cash and obtained loan from the opposite party. 

          08.The complainant never requested the opposite party  to provide statement of account. The complainant also not filed any documents to show that he demanded copy of statement of account from the opposite party.   The opposite party alleged they used to send monthly statement to the mailing address provided by the complainant. The complainant till 2011 did not raise any objection regarding credit card account.  On the other hand the complainant raised objection only after receipt of the legal notice issued by the opposite party on 06.07.2011.

          09. The complainant has not filed any document, except the legal notice issued by the opposite party and reply notice issued by the complainant. The opposite party issued legal notice dated 06.07.2011 to the complainant demanding and outstanding amount of Rs.60,769/-.  The complainant sent a reply dated 25.07.2011 stating the opposite party charged hidden charger like financial service and service charges, but he has not stated anything about the alleged  manipulation of statement of account. Ex.A1 is the copy of notice dated 06.07.2011 and Ex.A2 is the reply notice dated 25.07.2011. Thereafter the opposite party issued legal notice dated 02.08.2011 and complainant issued reply notice dated 07.11.2011 and subsequently both the parties exchanged legal notice and same has been marked as Ex.A3 to Ex.A8.  Apart from the legal notices, the complainant has not marked any document to show that the opposite party manipulated the statement of account.

          10. The opposite party on 21.11.2011, after giving sufficient opportunities to the complainant, exercised the banker’s line to the extent of the balance available in the complainant salary account. The opposite party bank  has the right to lien and right to set off on all money in the name of complainant  card holder. The opposite party acted as per the terms and conditions mentioned in the card member agreement. The opposite party done their duty as per the terms and conditions mentioned in the card holder agreement. Therefore there is no deficiency in service on the part of the opposite party and the complainant is not entitled for compensation, cost and other reliefs as claimed in the complaint.

11. POINT NO :3

          Since the opposite party has not committed any deficiency in service, the complainant is not entitled for any reliefs as prayed and the complaint is liable to be dismissed.

          In the result this complaint is dismissed. No Costs.

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 28^th day of February 2022.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF COMPLAINANT:

Ex.A1 dated 06.07.2011                   Legal Notice dated 06.07.2011

Ex.A2 dated 25.07.2011                   Reply Notice dated 25.07.2011

Ex.A3 dated 02.08.2011                   Reply Notice dated 02.08.2011

Ex.A4 dated 07.11.2011                   Legal Notice dated 07.11.2011

Ex.A5 dated 08.11.2011          Legal Notice sent by the opposite party on 08.11.2011

Ex.A6 dated 09.11.2011          Notice issued to the complainant with the postal cover dated 09.11.2011

Ex.A7 dated 14.11.2011                   Legal Notice dated 14.11.2011

Ex.A8 dated 28.11.2011                   Reply notice dated 28.11.2011

LIST OF DOCUMENTS MARKED ON THE SIDE OF OPPOSITE PARTY

Ex.B1 dated NIL                      Card Members Agreement/ Usage Guide

Ex.B2 dated NIL                      Statement of Accounts

 

MEMBER – I                                                               PRESIDENT