DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

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

(Behind Qutub Hotel), New Delhi-110016.

Case No.62/2011

Ms. Shipali Sharma

Mailing address:

B3/13, Safdarjung Enclave,

Ground Floor, Near St. Marry School,

New Delhi-110029                                                         ….Complainant

Versus

HDFC Bank

319 South Extension,

D-9, South Extension-II,

New Delhi-110049                                                 ……Opposite Party

                                                          Date of Institution          : 09.02.11                                                      Date of Order        : 18.10.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member           

O R D E R

As per the averments made in the complaint, the Complainant is a saving account holder and also a classic customer with account No. 03191000021269 in HDFC Bank, South Ex-II branch (OP) for more than 5 yeas; that on 30.01.11 she got 2 SMS each from the OP bank as well from some VM-TXNALERT at 11:39 p.m. and 11:47 p.m. that Rs.25,000/- had been debited twice towards Net Safe Purchase totalling to Rs.50,000/- though she had not done any transaction after 17.01.11 from her card nor had she disclosed or shared her card detail and Pin no. with anybody nor was she aware of the Net Safe Purchase Facility. The matter was taken up with the OP’s complaint desk and the branch Manager and also a police report was lodged at P.S. Hauz Khas. On 05.02.11, she received a communication from the branch manager of OP that Rs.15000/- had been credited in her account but the bank refused to credit the rest amount. Hence, this complaint for helping the complaint in getting back her money.

Since OP failed to file written statement despite number of opportunities given in this behalf, our predecessors struck off the defence of the OP vide order dated 05.02.13.

Complainant has filed her affidavit in evidence and has also filed written arguments. 

We have heard the Complainant in person and also Sh. Saurabh Bajaj Adv. for the OP and have also carefully gone through the record.

The averments made in the affidavit of the Complainant are the repetition of the averments made in the complaint.

As per document (which we now mark as Mark ‘AA’ for the purpose of identification) Rs.25000/- each had been withdrawn from the account of the Complainant on 30.01.11. Previous to it, the Complainant had done a transaction on 19.01.11 for the amount of Rs.40,000/-

Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve her case.

Therefore, we hold that the OP had deducted Rs.25,000/- and Rs.25,000/- from the bank of the Complainant on 30.01.11 without any valid reason and thereafter the branch manager of the OP bank had credited Rs.15,000/- in the bank account of the Complainant on 05.02.11. Therefore, the OP bank has committed deficiency of service by not crediting the remaining amount of Rs.35,000/- in the bank account of the Complainant.

In view of the above discussion, we allow the complaint and direct the OP bank to refund/credit in the bank account of the Complainant Rs.35,000/- alongwith 6% interest w.e.f. 30.01.11 till the date of payment/credit in the bank account of the Complainant is made failing which OP bank shall become liable to pay interest @ Rs. 9% per annum on the amount of Rs.35,000/-  from 30.01.11 till its 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  18.10.2016