DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.736/2010

Sh. Yakesh Anand

S/o Late Dr. K. L. Anand

R/o S-471, Greater Kailash,

Part-II, New Delhi                                                      ….Complainant

Versus

1.      HDFC Bank

          HDFC Bank Cards Divisions

          HDFC Bank Ltd.

          HDFC Bank House,

          Senapati Bapat House,

          Lower Parcel (West),

Mumbai-400013

2.      Mr. Rahul N. Bhagat

          Country Head- Retail Liabilities

          Marketing and Direct Banking Channels

          HDFC Bank Cards Divisions

          HDFC  Bank Ltd.

          HDFC Bank House,

          Senapati Bapat Marg,

          Lower Parcel (West),

Mumbai-400013

3.      Mr. Pralay Mondal

          Head Credit Card (Division)

          HDFC Bank

          P.O. No.399, Anna Salai P.O.

          Chennai-600002

4.      Ms. Uma M

          Asst. Vice- president-Customer Services

          Credit Cards Division

          HDFC Bank,

          Rajouri Garden, New Delhi                            ….Opposite Parties

                                                  Date of Institution      :      22.12.2010       Date of Order     :      13.10.2017

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

As per the averments made in the complaint, the complaint relates to some deficiencies committed by GK-II, M Bock Market, New Delhi branch of OP No.1 in respect to  Titanium Master Card bearing No. 52894511000216487 of the Complainant , saving bank account No.0271000157643 in the names of Complainant and his daughter Ms. Sonam Anand as detailed in the complaint.  The case of the Complainant is that he had already paid the complete amounts to the bank for which the card had been issued and infact the amount more than actual payment amount had been paid by the Complainant and vide bank’s letter dated 01.08.09 his debit card No.4214201102291313 had also been deactivated. According to the complainant, he sent a legal notice dated 22.03.10 to the OPs calling upon them to pay a sum of Rs.15 lacs as compensation  and damages for mental  and  physical harassment, pain and agony and wastage of his prestigious time, to withdraw their alleged claim of Rs.24852/- against the use of credit card as there was no amount due and payable by the Complainant; that the OP raised a demand on him to pay a sum of Rs.26,724.60p; that despite  his making numerous attempts the bank and their officials did not become ready for amicable settlement; that the bank also threatened the Complainant to include his name in the list of defaulters and share the complainant’s credit card account with other banks/financial institutions, credit information companies and statutory bodies in accordance with the Credit Information Companies (Regulation) Act, 2005 as amended from time to time. It is inter-alia stated that the Complainant is holding a debit card issued against account No.00271000157636 with customer I.D. 10062458 with the bank but he lost his wallet on 18.04.10 which contained the aforesaid debit card; that soon after the knowledge thereof the Complainant requested the bank to block his card through phone banking and thereafter vide his letter dated 19.04.10 and also lodged a complaint with SHO P.S. I.P. Estate, New Delhi.  However, in the meantime some unknown person withdrew an amount of Rs.8000/- from the aforesaid account. According to him, the debit card issued against account number was insured  for the maximum value of Rs.50,000/- as informed by the bank officials; that as of today  despite repeated requests the bank failed to credit the amount of Rs.8000/- to the account of the complainant which the bank is liable to pay to the Complainant. Hence, pleading deficiency in service and negligence on the part of OP and its officials and executives, the complainant has filed the present complaint for issuing directions to the OPs to pay a sum of Rs.15 lacs to him as compensation for mental and physical harassment, pain and agony and wastage of precious time, to pay Rs.8000/- withdrawn by some unknown person from his account,  restrain the OPs from including his name in the list of defaulters and to share his credit account with other banks and financial institutions and to award the cost of the present complaint.

In the written statement the OPs have denied the averments made in the complaint. It is stated that the Complainant did not make the full payment for the use of credit card. It is denied for want of knowledge that the Complainant had lost his wallet on 18.04.10 which contained his above stated debit card or he had lodged the police report. Any deficiency in service on the part of the OPs is denied. It is prayed that the complaint be dismissed.

Complainant has filed a replication and has reiterated the averments made in the complaint. 

Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Anil Kr. Verma, Manager -Legal Debt Management (Cards) has been filed in evidence on behalf of the OPs. 

Written arguments have been filed on behalf of the parties.

We have heard the oral arguments of the Complainant and have also carefully gone through the record.

                From a perusal of the pleadings of the parties and the documents placed on the file it becomes crystal clear that there was no deficiency in service on the part of the OPs on the date of filing of the complaint so far as the Titanium Master Card bearing No. 52894511000216487 of the Complainant and saving bank account No.0271000157643 in the names of the Complainant and his daughter Ms. Sonam Anand are concerned. Therefore,  in our considered opinion, when there was no deficiency in service existing on the date of filing of the complaint in respect of the above stated master card and saving bank account in favour the Complainant, no deficiency in service can be said to have been proved on behalf of the OPs. If the Complainant had infact any grievance in respect of these the master card and the saving bank account and wanted to be compensated by the OPs, then in our considered opinion, the proper remedy for him was to file a civil suit for damages instead of filing the present complaint for issuing directions to the OPs to pay Rs.15 lacs to him as compensation for mental and physical harassment, pain and agony and wastage of precious time and also as claimed by him in his legal notice dated 22.03.10. There is every reason to believe that the matter stood settled between the parties after 22.03.10 and before filing of the present complaint on 22.12.2010.

 As per the averments made in the complaint itself the Complainant lost his debit card No.4214201102291313 on 18.04.10 in respect of which he informed the OP through phone banking and vide his letter dated 19.04.10. Therefore, the said transaction is an independent transaction from the transaction having taken place between the parties in respect of the master card and saving bank account.

Para 18 of the complaint contains the fact that the Complainant had lost his debit card on 18.04.10 regarding which he had informed the OPs through phone banking and thereafter vide his letter dated 19.04.10. The OPs have not denied this fact in the corresponding para of the written statement and have denied for want of knowledge whether the Complainant had lost his wallet on 18.04.10 containing the debit card or he had lodged a police report.  The Complainant has reiterated the same averments in para 18 of his affidavit and has marked the copy of the letter dated 19.04.10 and complaint dated 19.04.10 lodged with SHO, P.S. I.P. Estate, New Delhi as Ex. CW-1/11 (Colly) (Annexure C-10). Annexure C-10 proves that the Complainant had infact informed the bank regarding loss of his debit card on 19.04.10. It is very interesting that the OPs have not stated anything about the loss of the debit card or withdrawal of Rs.8000/- by some unknown person while using the debit card of the complainant in the affidavit of their witness.  Therefore, there is every reason to believe that despite coming to know that the Complainant had lost his debit card on 18.04.10 the OPs allowed some unknown person to withdraw the amount of Rs.8,000/- by using the said debit card due to negligence of their employees. Therefore, this amounts to an act of deficiency in service on the part of the OPs. 

There is no material on the record to show that the OPs had ever threatened the Complainant that his name shall be put in the defaulters list or his account details shall be shared with other banks /financial institutions etc.

In view of the above discussion, we partly allow the complaint and direct the  OPs jointly and severally to pay Rs.8,000/- alongwith interest  @ 6% per annum from the date of filing of the complaint till realization and Rs.7,500/- towards mental pain and agony undergone by the complainant within 30 days of receipt of copy of this order failing which OPs shall jointly and severally become liable to pay interest @ Rs. 9% per annum on the amount of Rs.8,000/- from the date of filing of the complaint till realization.   

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 13.10.17