Chandigarh

DF-I

CC/166/2021

Neelam Jain - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Vinod Gupta

30 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/166/2021
Date of Institution	:	12/03/2021
Date of Decision	:	30/04/2024

 

1. Neelam Jain W/o Pardeep Kumar Jain, R/o Flat No.603, GHS-69 Sector 20, Panchkula.
2. Aditi Jain D/o Pardeep Kumar Jian, R/o Flat No.603, GHS-69 Sector 20, Panchkula.

… Complainants

V E R S U S

1. HDFC Bank Regional Corporate Office, Plot No.28, Industrial Area, Phase-1, Chandigarh through its Regional/Circle Head.
2. HDFC Bank (Branch), SCF-17, Sector 19-D, Chandigarh through its Branch Manager.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Vinod Gupta, Advocate for Complainants.
	:	Sh.A.P.S.Sehgal, Advocate for OPs (OPs ex-parte).

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainants had opened a joint savings bank account in the OP’s bank at Bathinda and later on transferred the account in Sector 20, Branch Panchkula. It came to the notice of the complainants that someone has procured the statement details of the account of the complainants and this statement of account has been given to someone by the OP-Bank employee. The statement so procured of the account of the complainant detailed from 1.3.2011 to 20.8.2018 which were produced in court as evidence which caused heavy loss to the complainant Annexure C-1. The complainant submitted a written complaint regarding the same to the OP-bank through email on 24.9.2019 (Annexure C-2 & C-3). When no action was taken by the OP-bank, then complainant again sent a detailed reminder on 3.11.2019 giving reference to the RBI’s guideline in regard to the access to customer information by the staff of the service provider (Annexure C-6). Alleging that the aforesaid act amount to unfair trade practice on the part of OPs the complainants filed the instant consumer complaint.  
2.     OPs appeared, but failed to file reply & evidence despite several opportunities. Therefore, they were proceeded ex-parte on 07.07.2022.
3.     Complainants led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the parties and gone through the record of the case.
5.     The main grievance of the complainants is that OP’s Bank have issued the account statement from joint account held by complainants to a third-party without authorization letter of the complainants.
6.     On perusal of the documents on record i.e., Annexure C-8 & C-9 and directions of the Banking Ombudsman, it is observed that OP-bank have not shared information with the complainants about mandate letter issued by the complainants and the officer who shared the statement of account inspite of the repeated correspondence.
7.     The guidelines issued by the RBI clearly prescribed that no information of any account can be supplied to a third-party and we are of the view that OP’s bank has been extremely negligent in protecting the information in regard to saving bank account of the complainants.
8.     Significantly, OPs did not appear to contest the claim of the complainants and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to pay in lumpsum an amount of ₹30,000/- to the complainants as compensation for causing mental agony and harassment to them.
2. to pay ₹10,000/- to the complainants as costs of litigation.

10.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
11.     Pending miscellaneous application, if any, also stands disposed of.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
30/04/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member