DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.597 of 2016

                                                Date of institution:  16.09.2016                                             Date of decision   :  22.01.2019

Harbans Singh Saini aged 59 years son of Capt. Joginder Singh, resident of House No.1323, Sector 34-C, Chandigarh.

…….Complainant

Versus

HDFC Bank through its Chief Manager/Branch Manager/Authorised Person, SCF No.19, Phase-7, SAS Nagar (Mohali), Punjab.

                                                            ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Tapas Sharma, counsel for complainant.

                Shri Sunil Narang, counsel for OP.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant planned family holiday to Taiwan and Hong Kong scheduled from 06.10.2015 to 16.10.2015. For ensuring the trip to be smooth and comfortable, complainant got booked advance tour package through travel agency by paying amount of Rs.1,72,500/- in advance. For meeting financial requirements during impending foreign visit, complainant transferred amount of Rs.66,510/- i.e. 1000 USD from his saving account operated through OP at Mohali to his Forex Plus Multicurrency Card on 05.10.2015.  This transfer of Rs.66,510/- was done in the above said account, so that complainant may withdraw money during trip to foreign countries as per his need. Intimation in this respect was specifically given to OP.  Due charges were levied by OP as per rules for transferring amount to Forex account referred above. Complainant alongwith his wife reached Taiwan on 06.10.2015, but was shocked to find that no money had been credited/transferred to his Forex Card account by OP. Needful was done by OP only by evening of 08.10.2015 and that too after repeated requests. So complainant alongwith his wife were forced to live in Taiwan without money for more than two days, due to which they had to remain confined in their hotel room. Luckily advance payment for boarding and lodging for entire foreign trip was already made. Complainant and his wife had no acquaintances in Taiwan and as such they suffered tremendous harassment and problems. Subsequently, complainant alongwith his wife reached Hong Kong from Taiwan on 14.10.2015 and there again complainant was shocked to find that although there was balance of 841.40 USD in his Forex card account, but due to negligence and deficient services on part of OP, whole amount was wrongly shown as fully debited from the said account by leaving zero/nil balance. Despite repeated communications, nothing was done for rectifying the mistake. So complainant and his wife had to bear same plight as they bore at Taiwan because of no acquaintance of their even in Hong Kong. Amount was credited to account of complainant only on 16.10.2015. OP admitted its mistake and then re-transferred the said amount of 841.40 USD to Forex Card account on 21.10.2015 only. By pleading deficiency in service on part of OP, this complaint filed for seeking compensation of atleast 70% of advance paid amount of Rs.1,72,500/- to travel agent for availing tour package. For deficiency in service, compensation of Rs.2.00 lakhs more claimed. Besides, litigation expenses of Rs.31,000/- and amounts of Rs.5,700/- plus Rs.2,450/- more claimed for sufferings in Taiwan and Hong Kong as well as expenses incurred for follow up with OP after returning back to India. Interest @ 18% on the amounts even claimed.

2.             In written statement submitted by OP, it is pleaded inter alia as if due to involvement of complicated questions of law and facts requiring elaborate evidence, matter should be got decided from civil court; complainant has not approached the Forum with clean hands; complaint in present form not maintainable and that complainant has created false story for misleading this Forum. Allegations regarding deficiency in service alongwith other allegations denied for want of knowledge or otherwise almost in toto. In the written communications dated 07.01.2016 and 11.03.2016, false averments were made by complainant and as such it is claimed that no cause of action has arisen to complainant for filing this complaint.

3.             Complainant to prove his case tendered in evidence his affidavits Ex.CW-1/1 alongwith document Ex.C-1 to Ex.C-9 and then closed evidence.  OP failed to produce any evidence despite grant of many opportunities and as such evidence of OP closed vide order dated 05.03.2018.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             It is not disputed by OP through written reply that complainant holds saving bank account with it and that is why transfer of amount of Rs.66,510/- i.e. 1000 USD from his saving account took place to Forex Plus Multicurrency Card account through transaction dated 05.10.2015 conducted by complainant. Grievance of complainant is that despite this transaction of 05.10.2015, above said amount not transferred to his Forex Card Account untill evening of 08.10.2015. That grievance of complainant certainly is genuine because the same made out from contents of affidavit Ex.CW-1/1 alongwith produced documents on record. Complainant by paying Rs.1.00 lakh through cheque dated 23.09.2015 (Ex.C-1) and another amount of Rs.31,500/- and Rs.41,000/- through Ex.C-2 and Ex.C-3 purchased foreign trip package from Neo Holidays Pvt. Ltd.  This is a fact borne from contents of Ex.C-2 and Ex.C-3 of dates 23.09.2015 and 03.10.2015. So certainly submission advanced by counsel for complainant has force that complainant planned his tour to foreign countries by paying advance to the tour and package company. It is on account of this that complainant sought transfer of 1000 USD from his saving bank account to Forex Plus Multicurrency Card account on 05.10.2015. That tour was scheduled from 06.10.2015 to 16.10.2015 and as such certainly submission advanced by counsel for complainant has force that said transfer was for convenience of complainant and his wife, so that they may not suffer financial problems throughout their foreign trip. It is the contents of affidavit Ex.CW-1/1 of complainant that complainant has no acquaintance in Taiwan and Hong Kong, where they stayed.  As advance amount for hotel booking in Taiwan and Hong Kong was paid to Neo Holidays Pvt. Ltd. and as such certainly sufferings of complainant and his wife at Taiwan and Hong Kong, for want of  money was on account of their confinement in hotel rooms was there. Certainly a person having no acquaintance in foreign land will not be able to arrange for money in foreign land like Taiwan and Hong Kong. Being so, complainant and his wife had to remain without money on account of deficiency in service on part of OP, as discussed hereinafter and as such complainant entitled to compensation for mental harassment and agony and also to litigation expenses for his sufferings in foreign land.

6.             Complainant through correspondence Ex.C-4 and Ex.C-5 projected his grievance with OP for not responding to his requests regarding Forex Plus Multicurrency Card promise resulting in spoiling of his tour to Taiwan and Hong Kong. Through Ex.C-5, complainant claimed that due to non transfer of money in time to his account, he suffered during trip to Taiwan and Hong Kong resulting in mental harassment and financial loss. In response thereto, email message Ex.C-6 was sent by OP to complainant for informing him that due to technical error, amount of 841.40 USD was erroneously debited from his card account on 14.10.2015. Through Ex.C-6 itself it was disclosed to complainant that the said amount has been reversed to his account on 21.10.2015. Complainant on 14.10.2015 was in Hong Kong and was in need of this money for travelling purposes and also for marry making trip. However, complainant was left with no money during period from 14.10.2015 to 21.10.2015 and as such he alongwith his wife had to remain contented with the services provided to them by hotel and tour package agency on basis of paid advance amounts. So activities of complainant and his wife remained restricted/confined to whims and fancies of tour package agency. As admission of technical error in debiting amount of 841.40 USD admitted through Ex.C-6 during period from 14.10.2015 to 21.10.2015 and as such certainly deficiency in service on part of OP is there. This deficiency in service on part of OP caused havoc with the marry making trip of complainant and his wife during stay at Hong Kong. Admission regarding erroneous debiting of above referred amount and subsequent crediting back the same amount on 21.10.2015 even is suffered by OP through email Ex.C-7

7.             However, email correspondence Ex.C-8 is there on record to establish that 1000 USD were not transferred to Forex Plus Multicurrency Card account of complainant from 05.10.2015 to 08.10.2015 and that is why complainant was put to embarrassment during his stay in Taiwan from 06.10.2015 to 08.10.2015. In response to Ex.C-8, OP admitted its fault through email Ex.C-9 by claiming that delay in uploading currency happened due to error in Forex Card number by claiming that rectification of same was done immediately after knowing about the same. These admissions of error enough to establish that deficient services provided by OP to complainant by not transferring the requisite amount to his Forex Card account. As complainant took cudgels in approaching OP for getting mistake rectified, but despite that he suffered due to fault of OP in not rectifying the mistake expeditiously and as such by keeping in view the plight and sufferings of a person visiting abroad, where he has no acquaintance, it is fit and appropriate to allow compensation of amount of Rs.50,000/- for mental agony and harassment. This compensation will cover entire sufferings of complainant in respect of pursuing the matter with OP or of his plight of remaining abroad without money. As complainant had to bear expenses of this litigation also and as such in the absence of any certificate of charged legal fee of Rs.31,000/- by counsel, it is fit and appropriate to allow Rs.10,000/- as legal expenses. Submission of counsel for OP has no force that fault with OP is not there or deficiency in service on part of OP is not there.

8.             No other point argued.

9.             As a sequel of above discussion, complaint allowed in terms that OP will pay Rs.50,000/- (Rs. Fifty Thousand only) as compensation for mental agony and harassment, but Rs.10,000/-  (Rs. Ten thousand only) as litigation expenses.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order failing which complainant will be entitled to interest @ 7% per annum more on the above referred amounts with effect from today till payment. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

January 22, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member