DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 410 of 27.9.2016

                                      Decided on:   1.2.2019

Tejinder Singh son of Mohinder Singh, resident of village Mehmoodpur Jattan, Tehsil and District Patiala.

                                                                   …………...Complainant

                                      Versus

1.       H.D.F.C.Bank Limited, branch Devigarh, Near Lamba Resorts, Patiala Road, Devigarh, Patiala through its Branch Manager.

2.       H.D.F.C.Bank House, First Floor, C.S.No.6/242 Bepatmar Lower Parel, Mumbai 40003 through  its General Manager.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. M.P.S. Pahwa, President

                                      Smt. Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member      

ARGUED BY

                                      Sh.Vipan Sharma, counsel for the complainant.

                                      Sh.Sanjay Khanna,counsel for OPs.          

 ORDER

                                    M.P.S. PAHWA,PRESIDENT

1. Tejinder Singh (hereinafter referred to as the complainant) has filed this complaint against H.D.F.C.Bank Limited and another (hereinafter referred to as the OPs).
2. Briefly, the case of the complainant is that he opened saving bank account bearing No.50100086764403 with OP No.1 in the month of April, 2015. This account was operated and maintained regularly by him on regular deposits and withdrawals.
3. In the last week of February,2016, the complainant was in need of money for admission of his children. He visited the premises of OP No.1 to withdraw the required amount. He was shocked to know that there was no sufficient amount in the account. On enquiry from OP No.1, it was intimated that the amount lying deposited in the account of the complainant had been withdrawn/transferred through credit card facility. Complainant immediately informed OPs that he has never got issued credit card. There was no question of availing credit card facility and withdrawal/transfer of amount with credit card. The OPs failed to give any reply to the queries of the complainant. Complainant was advised to come after three days and assured that the OPs will look into the matter.
4. The complainant came back and started arranging funds amounting to Rs.20,000/- from private financers to deposit the fees of his children and to meet the other domestic needs.
5. After three days, the complainant again visited premises of OP No.1 and explained the whole facts to the Branch Manager. The OPs assured that they are inquiring into the matter and if it is found that no credit card facility was availed by the complainant the amount will be refunded by reverse entry. Complainant was asked to come after 10 days. He again requested the OPs to refund his hard earned money.
6. After 10 days, he again approached OP No.1 and claimed refund of his amount but OP No.1 started making excuses and blaming the complainant. Complainant was refused his genuine request.
7. Complainant also got served legal notice dated 4.4.2016 and requested OP No.1 to pay amount of Rs.34529/-, which include Rs.20,000/-borrowed by the complainant but to no response.
8. On this background of the facts, the complainant has alleged unfair trade practice and mal practice on the part of OPs and prayed that due to this mal practice, he suffered from mental agony, tension, harassment and humiliation. For these sufferings, the complainant has claimed Rs.50,000/- as compensation and Rs.15000/- as litigation expenses. Hence this complaint.
9. Upon notice, OPs appeared through counsel and contested the complaint by filing written reply. In reply the OPs raised preliminary objections that complaint is not maintainable being false and frivolous. The complainant availed credit card facility from Ludhiana branch of the OPs on 22.2.2010 after execution and signing the application and other documents. He is playing fraud that he is not resident of Ludhiana or he has not availed the credit card facility from HDFC bank Limited.
10. On merits, it is admitted that the complainant is having bank account with the OPs. It is denied that in the last week of February,2016, complainant was in need of money or he visited the premises of OPs to withdraw the amount. As per the OPs, the complainant obtained credit card facility from the OPs. He submitted application on 22.2.2010.Thereafter on completion of other formalities, credit card was issued to the complainant. He has executed and signed the application in favour of OPs after understanding the same. All the other averments of the complainant are denied. It is also asserted that complainant has failed to make the payment of credit card. The OPs legally and validly debited the amount from the account of complainant as per his instructions at the time of availing the credit card facility. In the end the OPs prayed for the dismissal of the complaint.
11. Parties were afforded opportunity to produce their evidence.
12. In support of his case, the complainant tendered into evidence his affidavit, Ex.CA, copy of statement of account, Ex.C 1, copy of legal notice Ex.C2 and copy of receipt, Ex.C3.
13. The OPs tendered into evidence application form, Ex.OP1, copy of driving licence, Ex.OP2 and affidavit of Deepinder Singh, Attorney,Ex.OP.
14. We have heard the ld. counsel for the parties and gone through the record of the file, carefully.
15. The complainant has submitted that the OPs have wrongly denied the averment of the complainant and justified the withdrawal of the amount on the ground that complainant was issued credit card.OPs have placed on record copy of application form Ex.OP1 but this document does not relate to the complainant. It relates to one Tejinder Singh R/o village Paddi P.O.Khawaddi, District Ludhiana. This application form is dated 22.2.2010 but the complainant has opened the account in the year 2015.Statement of account Ex.C1 also proves this fact. Therefore, this documentary evidence proves that no credit card facility was availed by the complainant and  he has never applied for the same. Moreover, the complainant has claimed that the OPs have illegally transferred sum of Rs.14529/- After filing of the complaint and during pendency of the same, the OPs have refunded sum of Rs.14529/- on 16.9.2016.This fact itself proves that the OPs have illegally withdrawn/transferred the disputed amount from the account of the complainant. The amounts were withdrawn on 31.12.2015, 19.1.2016 and then on 3.2.2016.The complainant remained debarred from the use of this amount for a period of more than nine months without any fault on his part. He was unnecessary forced to this litigation for claiming his amount. Therefore, deficiency in service on the part of the OPs stands fully proves.
16. Although the OPs have given credit of Rs.14529/- but the complainant has suffered from mental agony, botheration, harassment, loss of interest for this period. Therefore, the complainant is also entitled to compensation prayed for.
17. On the other hand, the ld. counsel for OPs has submitted that there was no negligence on the part of the OPs. The bonafide mistake is not to be equated with any deficiency. Complainant has produced on record application form, Ex.OP1. It was moved by Tejinder Singh. Name of the complainant is also Tejinder Singh. Therefore, the credit card of that Tejinder Singh was inadvertently linked with the account of the complainant. Due to this bonafide mistake the amounts availed by that Tejinder Singh were withdrawn from the account of the complainant. As soon as this mistake was detected, the amount was reversed to the account of the complainant. Therefore, the complaint has already become infractuous.
18. We have given careful consideration to the rival submissions.
19. The admitted facts are that the complainant was having saving bank account with the OPs. The OPs have debited Rs.14529/- in the month of December,2015 and January,2016 from the account of the complainant. It is the disputed amount.
20. OPs have admitted debit of the amount but as per the OPs the complainant availed credit card facility. This amount was debited due to availing credit card facility. Of course in the written version, the OPs have taken this plea and tried to prove this fact by producing on record application form, Ex.OP1.This document does not relate to the complainant. It is related to some other Tejinder Singh of Village Paddi P. S. Khawaddi. District Ludhiana. Subsequently the OPs have given credit of this amount to the account of the complainant on 16.9.2016.This fact also proved that the disputed amount was not to be withdrawn from the account of the complainant as complainant was not liable for this amount.
21. The version of the OPs is that complaint has already become infractuous due to credit of disputed amount. Of course as per the OPs the amount was credited to the account of the complainant on 16.9.2016 but there is nothing on record to prove that this fact was brought into the knowledge of the complainant also. Rather in the written version filed on 17.3.2017 also, the OPs have not revealed this fact and have hotly contested the complaint by categorically denying all the averments of the complainant. The complainant was forced for this litigation due to deficiency in service on the part of the OPs for which he suffered from mental agony, harassment and humiliation. Therefore, the complainant is certainly entitled for compensation and costs of litigation.
22. Accordingly we partly allow the complaint with a direction to the OPs to pay Rs.10,000/- as compensation which is inclusive of litigation expenses. Order be complied by the OPs within a period of 45 days from the date of the receipt of the certified copies of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:1.2.2019         

 B.S.Dhaliwal                          Inderjeet Kaur             M. P. Singh. Pahwa

       Member                                 Member                                  President