Tamil Nadu

North Chennai

332/09

N.Koteswara Rao, - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Don Bosco Sam

02 Sep 2016

ORDER

                                                              Complaint presented on  :  24.07.2009

                                                                     Order pronounced on  26.09.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,         :      PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,            :     MEMBER II

 

MONDAY THE 26^th  DAY OF SEPTEMBER 2016

 

C.C.NO.332/2009

 

 

N.Koteswara Rao,

S/o Erukalaiah,

No.62/55, Veerapandi Nagar 1^st Street,

Choolaimedu, Chennai – 94.

 

                                                                                 ..... Complainant

 

..Vs..

 

HDFC Bank,

Kilpauk Branch,

No.31/32, Balfour Road,

Kilpauk, Chennai - 10

 

...Opposite Party

Date of complaint                                   : 30.07.2009

Counsel for Complainant                       : Mr.Don Boscosam

Counsel for   Opposite party                     : M/s. S.Vidhya

 

 

 

 

ORDER

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

          The Complainant is an employee of M/s. Kapico Motors India (P) Ltd., Chennai -10. The said Company has opened an account to its employees with the Opposite Party for crediting their salary. Savings Bank Account No.01241050064496 was assigned to the Complainant by the Opposite Party. The Complainant’s salary was credited in the said account every month. On 01.09.2008 at 9.33 a.m the Complainant taken a ATM balance statement which showed the balance as Rs.26,303.07 instead of Rs.46,003/-. The Opposite Party debited from his account without any authority of the Complainant and such conduct of the Opposite Party debiting from his account caused mental torture to the Complainant. The Complainant received a letter dated 26.08.2008 from the Opposite Party that an amount of Rs.14, 700.64 has been adjusted towards his credit card balance account No.5176358010272226. The said credit availed by him in year 2005 and stood settled in the year 2006 by way of compromise in the year 2006. However unilaterally the Opposite Party debited amount from the account of the Complainant amounts to Deficiency in Service on the part of the Opposite Party. Due to wrong debit of the Opposite Party the Complainant suffered with mental agony and hence the Complainant filed this Complaint to reverse the wrong debit of Rs.14, 700.64 into his account with 18% interest from 01.09.2008 onwards and also compensation for mental agony with costs of the Complaint.

 

2. WRITTEN VERSION OF THE OPPOSITE PARTY IN BRIEF:

          The Complainant was issued a credit card with effect from 05.12.2004 and the said credit card accepted by him by the terms and conditions of the card member agreement. The customers are liable to pay cash advance fees, late fee charges and finance charges for the use of credit card. The Complainant called by the Opposite Party to repay dues, he failed to make payment in spite of several remainders as a result of which his credit card account was charged off as on 31.10.2006. Since no payment was forthcoming from the Complainant, the Opposite Party issued a lien notice dated 27.08.2008 to the Complainant. Since the Complainant failed to make payment even after lien notice the amount due to him was debited from the Complainant’s account. The present Complaint is an abuse of process of law and the same is liable to be dismissed with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

4. POINT NO:1

          It is an admitted fact that the Complainant is an employee of M/s. Kapico Motors India (P) Ltd., Chennai -10 and the said company opened the Saving Bank Account No. 01241050064496 in the name of the Complainant with the Opposite Party to credit his salary by his employers in the said account and accordingly the Complainant salary was credited every month in the said account.

          5. The Complainant contended that he took Ex.A2 balance statement on 01.09.2008 at 9.33 hours at the Opposite Party ATM and the statement shown the balance only Rs.26,303.07 instead of actual balance of Rs.46,003 in his account and the Opposite Party wrongly debited a sum of Rs.14,700.64 towards his credit card and the said credit card availed by him in the year 2005 and the account in the said credit card stood settled on a compromise in the year 2006 and the card was torn and drop in the HDFC drop box and card stood closed and therefore the wrong debit committed by the Opposite Party  is Deficiency in Service and hence he has filed this Complaint.

          6. The Opposite Party would contend that the Complainant did not pay the balance amount in his credit card availed by him even after issuance of Ex.A1 and Ex.B5 lien notice and therefore the balance amount in respect of the credit card  was legally debited from the Complainant account and therefore the Opposite Party has not committed Deficiency in Service and prays to dismiss the Complaint.

          7. It is not in dispute that the Complainant availed the credit card account No. 5176358010272226 and also he was having a Saving Bank Account No. 01241050064496 with the Opposite Party. According  to the Complainant the said credit card account stood settled in the year 2006 by way of compromise and therefore he is not liable to pay any amount in respect of his credit card account. The Complainant filed only Ex.A1 to Ex.A4 documents. In the said documents he had not filed any documents to show that he had settled the credit card account with the Opposite Party in the year 2006. Ex.B7 series is the credit card statement of the Complainant filed by the Opposite Parties. In the said series documents on 26.10.06 credit card statement shows that he made purchase for Rs.647.04/-. Therefore this statement clears that in the year October 2006 he made purchase. Ex.B8 is the credit card statement of the Complainant shows that he is liable to pay Rs.15,060.80 as on 31.08.2008 and after deducting such amount  the credit card balance stands closed and shows nil balance.  In the absence of any document filed by the Complainant to show that either he paid entire balance in his credit card  account or settled by way of compromise,  it cannot be concluded that the credit card account closed  by him. Therefore it is concluded that the Complainant has not closed his credit card account with the Opposite Party in the year 2006 and hence after adding interest every year a sum of Rs.14,700.64/- with interest totaling to a sum of Rs.15,060.80/-was debited from his Savings Bank Account statement shows that there is zero balance in respect of the Complainant credit card account.

          8. Ex.A1& Ex.B5 is the lien notice issued by the HDFC bank credit card division to the Complainant. According to the Opposite Party both the notice are one and the same. However the Complainant would contend that Ex.A1 and Ex.A5 are not the same documents  for the reason that the last line copy marked to the Kilpauk branch address is not available in Ex.B5 and the Savings Account Number and credit card  Account number are changed as vice versa  in Ex.B5 when comparing with that of Ex.A1 and therefore Ex.B5 is a false document created  and filed by the Opposite Party. The Opposite Party would reply that the contents in both documents are one and the same and therefore there is no manipulation in Ex.B5.  

9. The subject matter in both the documents is one and the same in respect of the credit card balance as on 28.06.2008 was Rs.14,700.64/-. The Complainant has not filed proof that he has no balance to pay to the Opposite Party credit card division in respect of credit card amount. The lien notice issued to the Complainant that the said outstanding amount not paid in 7 days the same will be debited from his Savings Account. The Complainant main prayer is that they have wrongly debited from his Savings Account the aforesaid amount and for which only according to him the Opposite Party committed Deficiency in Service. Since the Complainant has not filed any proof to accept he had no balance to pay the credit card division, the defects pointed by the Complainant in the lien notice will no way improvise his case. The lien notice (Ex.A1)  is sent to the Complainant HDFC Bank cards division 8, Lattice Bridge Road, Thiruvanmiyur, Chennai – 600 041. When the Complainant is actually not due to pay to the credit card division he should have added the HDFC Bank card division as party to the proceedings enabling them to say that the Complainant is due to pay any balance in respect of his credit card or as alleged by the Complainant the said account was closed in the year 2006 itself. In view of that the bank card division is not added as a party leads to a conclusion that the Complainant has not proved the deficiency against the Opposite Party.

          10. The Complainant contended that the lien notice dated 26.08.2008 and whereas in the written version it is stated the lien notice is dated as 27.08.2008 which proves that the Opposite Party created Ex.B5 document. The Opposite Party replied that the date mentioned in the written version that, it is only typographical error and in such circumstances we hold that the lien notice dated is only on 26.08.2008.

          11. Therefore considering all above, the amount was debited without any authority by the Opposite Party is not accepted and only based on the due payable by the Complainant to the Opposite Party  the amount was deducted  and therefore we hold that the Opposite Party has not committed any Deficiency in Service and accordingly this point is answered.

12. POINT NO :2

          Since the Opposite Party has not committed any deficiency in service, the Complainant is not entitled for any relief in this Complaint and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 26^th  day of September 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 26.08.2008                   HDFC Bank notice to Complainant

Ex.A2 dated 01.09.2008                   HDFC – ATM Transaction record

Ex.A3 dated 05.09.2008                   Legal Notice

Ex.A4 dated NIL                     RPAD

 

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTY:

Ex.B1 dated NIL                     Power of Attorney

Ex.B2 dated 26.11.2007                   Card Application form

Ex.B3 dated NIL                     Card Member Agreement

Ex.B4 dated NIL                     Most Important terms and conditions

Ex.B5 dated 26.08.2008                   Lien Notice

Ex.B6 dated 27.04.2007                   Account opening Form for Savings Bank Account

Ex.B7 dated 26.12.2004                   Credit Card Statements

   To 26.10.2006

 

Ex.B8 dated NIL                     Consolidated Statement

Ex.B9 dated 01.12.2007                   Statement of Accounts

 To 31.12.2010

                            

 

MEMBER – II                                                               PRESIDENT