Punjab

Nawanshahr

CC/23/2016

Amarjit - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

23 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SHAHEED BHAGAT SINGH NAGAR

Consumer Complaint No.         :    23 of 17.03.2016

Date of Decision:                    :    23.06.2016

Amarjit son of Sh. Assa Ram R/o Village Mallewal Kohli PO Kathgarh, Tehsil Balachaur, District SBS Nagar.

                                                                             …Complainant

Versus

1. Manager, HDFC Bank Limited, the then Branch Office at Balachaur at present Branch Office Kathgarh, Tehsil Balachaur, District Nawanshahr.
2. IDFC, Infrastructure Development Finance Company Limited, KRM Tower, 8^th Floor, No.1, Harrigton Road, Chetpet, Channai – 600031.
3. IDFC, Infrastructure Development Finance Company Limited, First Floor, Satnam Complex, Near BMC Chowk, GT Road, Jalandhar.

                                                          …Opposite Parties

Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:

SMT.NEENA SANDHU, PRESIDENT

S.KANWALJEET SINGH, MEMBER

ARGUED BY:

For complainant            :         In person.

For OP No.1                            :         Sh.S.K. Dewan, Advocate,

For OP No.2&3             :         Ex parte

ORDER

SMT.NEENA SANDHU, PRESIDENT

1.       Sh.Amarjit has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘the OPs). 

2.       In brief the case of the complainant is that he was having a bank account No.18331000006559 with the Op. No.1. On 11 November 2010 when he visited the office of OP No.1, then its Manager told him about the bonds issued by OP No.2 and told him that if he invests some money in the said bonds then his money would get doubled within five years. The Manager of OP No.1 had withdrawn Rs.5000/- each, twice in total Rs.10,000/- from his account and had invested the same in bonds issued by OP No.2, which were to mature after five years and the amount deposited in the said bonds could not be withdrawn before its maturity period. The said bonds matured on 12.11.2015 and he was entitled to get double the amount. After some days, the OPs on his request issued a computer generated slip bearing No.42716251 having account No.IDA6431233. On 19.11.2015, he filed an application with the OP No.2, for release of maturity amount of the said bonds. Thereafter, OP No.2 telephonically informed him to submit a cancelled cheque alongwith application with the OP No.3. Accordingly, he sent an application dated 02.12.2015 alongwith   cancelled cheque No.000003 account No.50100010578673 drawn on  HDFC Bank  through courier on 3.12.2015 to OP No.3. Due to closing of the Balachaur branch, he closed his account approximately 2-3 years ago. He approached and requested the OP No.1 to pay him the maturity amount, but it did nothing.  Thereafter, the OP No.3 informed him telephonically that it had no concern with the said bonds, even OP No.3 did nothing.  Since, the OPs did not pay him the maturity amount, therefore, they are deficient in providing services to him.  Due to the said act of the OPs, he has suffered mental agony and physical harassment.  Therefore, the Ops be directed to pay not only  maturity amount but also to pay Rs.50,000/- as compensation on account of mental agony & physical harassment and Rs.30,000/- as litigation expenses.

3.       On put to notice, the OP No.1 has filed written version taking preliminary objections that complaint is not maintainable; the complaint has been filed on the basis of wrong and distorted facts and complainant has intentionally not disclosed the true and real facts; complainant is barred by his own act and conduct; this Forum has got no jurisdiction to try and decide the matter in dispute; the bank is sending quarterly statement to the complainant; complaint is barred by limitation as two years have already lapsed. On merits, each and every averment of the complaint is denied and prayer has been made for dismissal of the complaint.

4.       None having appeared on behalf of OPs No.2&3, inspite of issuance of notice, they were proceeded against ex parte vide order dated 22.04.2016.

5.       In support of his version, the complainant has tendered in evidence his affidavit as Ex.CW1/A alongwith copy of IDFC Ex.C-1, application dated 02.12.2015 Ex.C-2, application dated 19.11.2015 Ex.C-3, courier receipt Ex.C-4 and closed the evidence.  Learned counsel for OP No.1 has tendered affidavit of Gaurav Salvan, Manager Ex.OP1/A and closed the evidence on behalf of Op No.1   

6.       We have heard the complainant in person, learned counsel for OP No.1 and have also gone through the record carefully.

7.       Complainant has contended that the Ops have paid him maturity amount to the tune of Rs.14,360/- on 09.06.2016. To this effect he has also suffered a statement which is recorded separately. He further contended that by not paying the maturity amount well in time the OP-1 compelled him to file the present complaint, as such he is entitled to get compensation on account of mental agony and physical harassment suffered by him. He is also entitled to get litigation expenses, OP-1 be thus directed to pay the same.

The learned counsel for OP-1 has admitted the factum of payment of Rs.14360/- on 09.06.2016 to the complainant.

8.       Since, the OPs have paid the maturity amount to the complainant after filling the complaint, therefore, complainant is entitled to get compensation on account of mental agony and physical harassment alongwith litigation expenses.

9.       In view of the aforesaid discussion we partly allow the complaint and direct the OPs in the following manner : -

1. To pay Rs.3,000/- as compensation.
2. To pay Rs.3,000/- as litigation expenses.

 

The Ops are further directed to comply with the order jointly and severally, within 30 days from the date of the receipt of certified copy of this order.

10.     The certified copies of this order be supplied to the parties free of costs and the file be indexed and consigned to the Record Room.

Dated:  23.06.2016

 

  

                                                          (NEENA SANDHU)

                                                          President

 

                  

                                                          (KANWALJEET SINGH)

                                                          Member