Order-14.
Date-20/11/2015.
In this complaint Complainant Sandip Kumar Basuby filing this complaint has submitted that complainant is a credit card holder of HDFC Bank, HDFC Bank Ltd., Gillander House, 8, N.S. Road, P.S.-Hare Street, Kolkata- 700001 and complainant’s present credit card no. is 5452261000526277.
Complainant has paid necessary charges to the op no.1 but op no.1 had been credited huge amount from the complainant time to time by violating the rules and regulation of the RBI and the men and agents of the op no.1 had been threatening the complainant constantly to make huge amount payment to their banker op no.1.Against that complainant sent a notice to the HDFC Bank op no.1 on 16.03.2015 through his Ld. Advocate and asked the op no.1 to inform the complainant through bank statement from the very beginning to till date in respect of the complainant’s credit card.
On 22.03.2015 at about 11.30 a.m. op sent their men and agent namely BibashRakshit to the residence of the complainant and he introduced and described him before the complainant that he is the agent of HDFC Bank of Gillander House, Kolkata-01 and demanded lump sum money from the complainant when the complainant protested and raised objection against such illegal acts of the above named person, then he became furious and abused the complainant in most filthy and vulgar languages and further he wrongfully restrained the complainant and assaulted the complainant physically with fist and blows and further pushed down the complainant on the floor and complainant sustained injury and further threatened the complainant that if the complainant lodged any complaint against the banker, op will teach a good lesson to the complainant.
Thereafter complainant went to M.R. Bangur Hospital for his medical treatment and after medical treatment injury report was collected and thereafter complainant lodged a written complaint to Tollyguange Police Station on 24.03.2015 and in fact for such sort of illegal and negligent act on the part of the op for redressal complainant has filed this complaint for compensation etc.
On the other hand op by filing written statement submitted that the entire complaint is false and fabricated and vexatious but credit card in question was provided to the complainant subject to certain terms and conditions which is unequivocally binding upon the parties including the complainant.
It is further submitted about the regulation of the complainant’s credit card bearing No.5452261000526277 was issued to the complainant and complainant accepted it after executing the agreement of credit card and put his signature on the back of the said credit card which agreement was provided at the time of issuance of the said credit card.
As per usual practice the credit card holder shall use his credit card and bank will raise monthly bills to the user which he shall have to pay within a defined period of time and if the credit card user fails to pay any amount or makes part payment of the entire amount, he shall be charged interest on the amount not paid by him along with other charges in the Card Member Agreement.Due to use of said credit card and enjoying the facilities and for non-payment of the monthly payment the amount was as on date Rs. 5,46,137.72 paisa against that credit card.Month by month report was sent to the complainant and complainant was well aware of the fact.But complainant did not pay the same.So, it is the liability of the complainant to pay the same but complainant did not pay it and repayment is not made within time.But ultimately complainant made payment of Rs. 25,000/- on 23.03.2015.But the allegation of the complainant that op sent musclemen for collecting the dues forcefully on 22.03.2015 is completely false and all other allegations are false and ops denied that.In fact complainant has no cause of action and there was no negligence and deficiency on the part of the ops for which the present complaint should be dismissed with cost.
Decision with reasons
After comparative study of the documents of the complainant and written version and also after hearing the Ld. Lawyer, we have gathered that ops have submitted duplicate statement of credit card starting from 03.10.2010 to 03.04.2013 and up to 23.04.2013 dues were Rs. 1,418.69 paisa.
Most interesting factor is that op has not produced any document about the subsequent statement up to 2015.Considering the duplicate statement up to 03.04.2013 we find that the total dues was Rs.1,418.69 paisa only.After that what is the position of the figure of outstanding is not proved by the op.Whatever it may be, it is found that complainant has alleged on 22.03.2012 that BibashRakshit the agent on behalf of the op has harassed the complainant and opposed him and collected some amount and from the written version of the op, it is clear that on 23.03.2015 complainant made a payment of Rs. 25,000/- and invariably that amount was collected forcefully from his house by the musclemen of the op on 22.03.2015 because in this case complainant has proved beyond any manner of doubt that he was examined at M.R. Bangur Hospital on 22.03.2015 at about 11.30 a.m. and he reported to the doctor that was noted that BibashRakshitassaulted him.But about BibashRakshit, op was completely silent and further in the present complaint against BibashRakshit and Santanu Bose, the complaint was lodged to police station at Tollyguange and that was received by the P.S. on 24.03.2015.
So, considering that fact it is clear that with the musclemen BibashRakshit bank collected the same from the complainant by assaulting him and from the medical report it is evident that he was assaulted by BibashRakshit.So, such sort of act on the part of the HDFC Bank is not a new one because their entire business for collection of outstanding loan in such a manner is being continued because banks are well known for realizing of outstanding dues through their musclemen and no doubt in the present case it is proved that ops’ person BibashRakshitharassed and assaulted the complainant and also by Santanu Bose which reported to police station which is proved.But about Santanu Bose, there is no denial on the part of the op.
Considering all the above fact and circumstances, materials we have gathered that complainant as a consumer has been illegally harassed and assaulted for not paying amount against credit card and the collection was made by the musclemen BibashRakshit of the op is well proved and he collected that amount from the complainant after assaulting on 22.03.2015 and that was deposited on 23.03.2015 and that part payment is admitted.
Most interesting factor is that in the written statement op has tried to convince that complainant never paid but it is found that on 23.03.2015 payment to the extent of Rs. 25,000/- was found, invariably forcefully and by assaulting they collected the outstanding amount and it was done by muscle man BibashRakshit and it is no doubt unfair practice and at the same time it is deficient and negligent manner of the service on the part of the op for which the complainant is entitled to get compensation.
Another factor is that op has a bank business but why they have taken help of the muscleman for collecting the outstanding amount from the customer though safeguards are there, they ought to have filedcases but in this regard any private bank like HDFC Bank, Hong Kong SanghaiBank, Axis Bank, Standard Chartered Bank and other housing banks are not filing the suit for realizing of the outstanding but they have adopted this path by deputing some musclemen who are collecting the same by force and Hon’ble Supreme Court has already observed in so many judgements that practically private banks have adopted unfair trade practice by such means. But police action is zero for which they are very much activeto adopt such procedure and this HDFC Bank has adopted such procedure and op did not take any legal step against complainant for realisation.
In the present case it is found that on 22.03.2015 complainant was assaulted and ops’ musclemen forcefully took a sum of Rs. 25,000/- with HDFC Bank’s muscleman and that was deposited to the bank on 23.03.2015. Fact remains that complainant did not go to bank on 23.03.2015 or on 22.03.2015.
So, it is proved beyond any manner of doubt thatit is no doubt a notorious and heinous act on the part of the op to harass the complainant and assault him and forcefully collecting the outstanding dues and for that no doubt complainant suffered mental pain and agony as he was threatened. He lodged a complaint to the Tollyguange P.S. so, the above action on the part of ops is found negligent and deficient manner and at the same time their act is illegal and inhuman act and for their act complainant has been suffering mentally and at the same time to lower down the prestige of the complainant such sort of action has been taken by the op.
In the result, this complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 5,000/- against all the ops.
Ops jointly are hereby directed to pay a sum of Rs. 25,000/- to the complainant as compensation for harassing, for assaulting and for adopting such illegal path for collection of money outstanding dues by taking the help of muscleman to harass the customer in such a manner.
Ops jointly and severally are hereby directed to pay the entire decretal amount i.e. Rs. 25,000/- + Rs. 5,000/- litigation cost in total Rs. 30,000/- to the complainant within one month from the date of this order, failing which for non-compliance of the Forum’s order, op shall be prosecuted u/s 25 read with Section 27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon ops and at the same time for non-compliance of the order penal cost at the rate of Rs. 50/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.
