Delhi

East Delhi

CC/797/2015

MO AZIM - Complainant(s)

Versus

HDFC BANK - Opp.Party(s)

02 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                  CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC NO.797/15
 

Mohd. AZIM

H.NO.T-35/10 GROUND FLOOR

KH, NO.1151/3, WARD NO.08,

MEHRAULI NEW DELHI,

NEAR (COMPOUND) PANKHEWALI MASJID,

NEW DELHI-110030

 

Complainant

 

Vs

 

HDFC BANK

THROUGH ITS BRANCH HEAD

964-A, WARD NO.7,

OPP. POLICE STATION,

MEHRAULI, NEW DELHI-110030

 

 

                        

Opposite Party

                                                                                      Date of Admission - 13/10/2015

                                                                                    Date of Order          - 03/02/2016

SH. N. A. ZAIDI, PRESIDENT

This complaint has been filed with the allegation that the Complainant in order to earn his livelihood by means of self employment opened a shop in the name of M/S Qutab Electricals near Olia Masjid New Delhi and account No.50200002819091 was opened with the Respondent. The Complainant applied for the license from the Govt. of NCT Delhi for Electrical Contractors which was issued on 12/05/2015. To carry out the transactions carried out through Respondent. To get work from the Govt. body such as MCD for class IV electrical contractor a certificate is required from the bank. He approached the Respondent for issuing the certificate. He was asked to complete the formality. On one account to another he was only given assurance but the two certificates were not issued. Ultimately it was told by the branch manager that he cannot issue the certificate. By not issuing the certificates they have made Complainant to suffer huge loss. It is prayed that the Respondent is directed to issue the certificate on the format filed Annexure C-1 with the complaint and award the compensation.

            Respondent was served through speed post. No reply was filed. Case proceeded ex_parte. Complainant filed his affidavit in support of his complaint.

            Heard and perused the record.

            First of all, the question arises as to whether none issuance of certificate to the customer, amounts to deficiency in service. It is argued on behalf of the Complainant that the banking includes the facilities which are to be provided to the customers by the bank connected to the account maintained by the customers. If there is any requirement by any Govt. or non Govt. bodies that any particular certificate by the bankers is to be submitted and the account holder of the bank applied to the bank for issuance of certificate which is necessary to be submitted to the Govt. and Semi Govt. bodies, if not issued the same shall fall within the definition of deficiency of the service on the part of the bank. It is contended on behalf of the Complainant that the certificate which was required from the bank was not in any way creating any liability upon the Bank, it was only in respect of his holding the account with the bank and the amount he is maintaining in the account. The certificate clearly states that Bank does not take any guarantee or responsibility of the account holder. We have gone through Annexure 5 page No.30 filed by the Complainant. The bare perusal of the two certificates clearly shows that it does not cast any responsibility or liability on the bank on account of any liability incurred by the account holder by working as a contractor.

            In these circumstances non issuance of such certificate, amounts to deficiency in service. We direct the concerned bank to issue the certificate on the prescribed forms showing that the complainant is their account holder and he is maintaining the specific balance amount throughout in his bank account. We further award the compensation of Rs.10,000/- which shall also include the cost of litigation. This certificate be issued within 45 days from the date of this order and cost & compensation should also be paid if not paid 9% interest shall be charged till paid.

Copy of this order be provided to both the parties.

 

 

(DR.P.N.TIWARI)                        (POONAM MALHOTRA)                                (N.A.ZAIDI)                                                                                                                                                    MEMBER                                       MEMBER                                        PRESIDENT