By Jayasree Kallat, Member
The petition was filed on 04.11.2009. The complainant has filed this petition alleging negligence deficiency in service and unfair trade practice on the part of the opposite party. The complainant was the customer of the opposite party bank and holds a savings bank account No.05201050055869. The opposite party has branch office located in different parts of the country. The complainant’s case is that the opposite party has withdrawn an amount from the complainant’s SB Account Number without his permission and transferred to some other account. The salary paid to the complainant by his employer was credited in the above said account as per complainant’s direction. On 03.09.2009 when the complainant tried to withdraw some amount through ATM counter to the surprise of the complainant the transaction was rejected stating no balance. In the same manner a cheque given to one Mr.Anilkumar.P.V to discharge complainant’s liability was also returned on reason of insufficient fund. The opposite party had prevented the transaction in petitioners account after the amount was credited. The amount was transferred to some other account without the permission or instruction from the complainant. The act of the opposite party amounts to deficiency in service. The complainant was humiliated before the person whom he had given the cheque. Complainant had to suffer mental agony as well. Hence this petition is filed seeking relief and compensation from the opposite party.
Opposite party filed version denying the averments in the complaint except those that are expressly admitted. Opposite party admits that the complainant was a credit card holder of the opposite party with account No.4346772004650973. As per the agreement executed by the complainant at the time of applying for the above mentioned credit card and as per the Indian Contract by which the banker is having “lien” against the liabilities of the customer over the other assets of the same persons with the same bank. The complainant was maintaining an account with the opposite party bank as stated in the complaint as well. The complainant’s salary was credited through that SB Account. The complainant had committed chronic default in repayments of credit card due and it had reached Rs.1,19,833.84 in the month of September 2009. The complainant failed to settle the credit card dues. If there was lien on any amount of the customer in an account the account is freezed after informing the customer about the freezing and if the account is not settled within 15 days the amount will be adjusted towards the outstanding liabilities. In the case of the complainant the amount of Rs.18,412.17 from the fund available in the account was freezed on 03.09.2009. It was kept in suspense and intimated the fact to the complainant. The opposite party waited for 15 days from 03.09.2009 till 18.09.2009. As the amount was freezed from 03.09.2009 to 18.09.2009 when a cheque was presented on 05.09.2009 it was naturally dishonoured. Even though there was money in that SB Account the opposite party could not make use of that money because it was in a suspended status, as the complainant had to pay 1,19,833 Rupees to the opposite party in his credit card account. Knowing these facts the complainant had issued a cheque to Mr.Anil Kumar and also tried to withdraw money from the SB Account. The opposite party has not done anything illegally or committed any negligence or deficiency of service towards the complainant. Hence opposite party prays to dismiss the petition with costs to opposite party.
The only point for consideration is whether the complainant is entitled for any relief?
The complainant was examined as PW1 and Exts.A1 to A7 were marked. RW1 examined on opposite party‘s side and B1 to B3 were marked on Opposite party’s side.
It is the case of the complainant that the opposite party had withdrawn money from his SB Account without the complainant’s consent and transferred the amount to another account. Petition is filed seeking relief from the forum by directing the opposite party to refund the amount along with compensation. During the pendency of the case according to the complainant the opposite party had again tried to withdraw from the account where the complainant’s salary was being credited. The petitioner had filed IA20/2010 on 22.01.2010 seeking an interim order to restrain the opposite party from making any withdrawals without complainant’s consent. Interim stay was granted. According to the complainant even after the granting of Interim stay IA. 20/2010 the opposite party had withdrawn amount from complainant’s SB Account. So on 05.04.2010 another IA was filed 79/2010 by the complainant seeking again an interim order to imprison the branch manager of opposite party and attach the belongings of the opposite party for non compliance of the earlier order.
It is the argument of the opposite party that on verification it has found out that the deduction of amount from his SB account in January 2010 and March 2010 was not made by the opposite party. Opposite party had made only one withdrawal that was to his credit card account No.4346772004650973 and it was before filing of the complaint. The two subsequent withdrawals in January 2010 & March 2010 were towards the dues of a personal loan account the complainant had with centurion Bank Calicut which was later taken over by HDFC Bank Arayadethupalam branch, Calicut. The complainant had admitted that there was such a personal loan. Opposite party has produced Ext.B3 document which is the extract of account of the personal loan of the complainant with account No.91782888 maintained by the Calicut branch. A perusal of Ext.B2 produced and marked on the side of the opposite party would go to show that credit card balance as on 03.09.2009 is Rs.1,19,833.84 and extent of hold on funds was Rs.18,494.91. The complainant was called up on to remit the outstanding amount into the credit card account within 7 days of receiving the notice failing which the balance outstanding available in the account will be debited to the HDFC Bank account vide the cross default clause and the card member agreement towards part payment of the said outstanding. Ext B1 the duplicate statement of credit card of the complainant shows that the complainant has to pay an amount of Rs.1,04,027/-as on 11.07.2008. Complainant has not produced any document to show that he has cleared the dues as shown in Ext.B1 statement. More over the counsel for the opposite party has depended up on the decision of the National commission, and produced citation 2010 (2) CPR 83 NC which holds that exercise of lien by bank is perfectly legal. The forum has looked into all the aspects in this case and perused documents produced by the complainant and the opposite party and also the decision of National Commission and come to the conclusion that the complainant is not entitled for any relief.
In the result the petition is liable to be dismissed.
Pronounced in the open court this the 15th day of February 2012.
Date of filing:04.11.2009.
SD/- PRESIDENT SD/- MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Office copy of lawyer notice dtd.05.10.09 along with postal acknowledgment card.
A2. Cheque bearing 899432 dtd.03.09.09 for an amount of Rs.15000/- drawn on HDFC
Bank Ltd.
A3.Memo stated insufficient fund of HDFC Bank Ltd dtd.05.09.09.
A4.Statement of Account received from the Bank.
A5.Statement summery of accounts at Palarivattam Branch Office from 01.07.09 to
25.09.09.
A6. Statement of Account dated from 01.10.09 to 22.03.10
A7. Funds insufficient receipt Cheque dtd.10.03.2010.
Documents exhibited for the opposite party:
B1.Duplicate statement credit card statement dtd.11.09.07 to01.10.07.
B2.Notice from HDFC bank to the complainant dtd.03.09.09 regarding the status of
credit card account.
B3. Loan status details of HDFC Bank during the period from 26.10.2007 to 24.02.2011.
Witness examined for the complainant:
PW1.Surjith (Complainant)
Witness examined for the opposite party:
RW1.Renin Tharakan, Deputy Manager, HDFC Bank, Ernakulam.
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT.
