DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                Complaint No.  647

                                                Instituted on:    04.11.2016

                                                Decided on:       19.04.2017

Balvir Singh son of Shri Gurdev Singh, Ex serviceman, Village Tolewal, Tehsil Malerkotla, Distt. Sangrur.

                                                        …Complainant

                                Versus

1.             HDFC Bank Ltd. Amargarh, Distt. Sangrur through its authorised officer.

2.             HDFC Bank Ltd. Sibros Building No.10, Nelson Manikam Road, Amanjikraye, Chennai-600029 through its authorised officer.

                                                        …Opposite parties

For the complainant  :       In person.

For Ops                    :       Shri S.S. Punia, Adv.

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

Order by : Sukhpal Singh Gill, President.

1.             Shri Balvir Singh complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant is having a credit card bearing number 533744061081 which has been issued by Op number 1 and his account number is 50100023551937, which was got closed by the complainant on 3.2.2016 and the bank got deposited at Rs.21,200/- in cash at that time.  Further case of the complainant is that thereafter the Ops withdrew an amount of Rs.20671.24 from his account and he received a message from the OP that the account has been closed on 12.2.2016 and further the Op withdrew an amount of Rs.2417.66 from his account on 31.3.2016. Further case of the complainant is that the OP has been demanding further an amount of Rs.17184.41, whereas he did not purchase any thing through the credit card. The complainant has further averred that he even approached the Ombudsman.  In the last, the grievance of the complainant is that since he had already closed his account on 3.2.2016, then the question of demanding any amount does not arise at all. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to withdraw the demand of Rs.17184.41 and further to pay compensation and litigation expenses.

2.             In reply, preliminary objections are taken up on the grounds that the complainant has unnecessarily dragged the OP into unwanted litigation and that this Forum has got no jurisdiction to hear and try the present complaint. On merits, it is stated that the Ops never withdraw any amount from his account without any intimation. It is stated further that the complainant has a credit card from the bank, which has auto debit facility. It has been further stated that at present an amount of Rs.17,184/- is outstanding towards the complainant.  Lastly, the Ops have prayed for dismissal of the complaint with special costs.

3.             The complainant has produced Ex.C-1 to Ex.C-20 copies of the documents and affidavits and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP1 to Ex.OP-8 copies of the documents and closed evidence.

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

5.             A bare perusal of the file clearly reveals that the complainant obtained the services of the Ops by getting a credit card and the grievance of the complainant is that since  he had already got closed his account on 12.2.2016, but despite that the Ops are demanding an amount of Rs.17184.41 from the complainant.  It is further averred in the complaint that though he approached the Banking Ombudsman, but no fruitful result was received therefrom.  We may mention that the complainant has also produced even on record the decision of the Ombudsman dated 14.10.2016 Ex.C-4, whereby it has been stated that the bank is willing to offer 50% of reversal bank charges totalling to Rs.8592.50 as service gesture to close the complaint amicably.  But, the complainant was still not satisfied from this decision.  On the other hand,  it is very difficult for this Forum to reach at any conclusion that whether the complainant had spent any amount through his credit card or not and whether he had purchased any goods etc. through his credit card.  Under the circumstances, we feel that since the Office of Banking Ombudsman has already held that the bank is willing to offer 50% of reversal of bank charges.

6.             In view of our above discussion, we allow the complaint partly and direct OPs to get deposited an amount of Rs.8592/- only and close his account relating to credit card in question. The complainant shall deposit this amount with the OP within a period of thirty days of receipt of copy of this order. In the circumstances of the case, the parties are left to bear their own costs.

7.               A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                April 19, 2017.

                                                        (Sukhpal Singh Gill)

                                                           President

                                                                (Sarita Garg)

                                                                    Member

                                                        (Vinod Kumar Gulati)

                                                                Member