Tamil Nadu

South Chennai

181/2006

Tony Pelican Allwyne - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

M.Udhya Raj

01 Nov 2017

ORDER

                                                                        Date of Filing :   23.03.2006

                                                                        Date of Order :   01.11.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.181/2006

WEDNESDAY THIS 1^ST DAY OF NOVEMBER 2017

 

Mr. Tony Pelican Allwyne,

No.17, Godawari Street,

Gomathy Nagar,

Selaiyur,  Chennai 600 073.                           .. Complainant

                                        ..Vs..

1.  HDFC Bank Ltd.,

HDFC Bank House,

Senpati Bapat Marg,

Lower Parel,

Mumbai 400 013.

 

2. The Manager,

HDFC Bank Ltd.,

ITC Centre Mount Road,

Chennai 600 002.

 

3. The HDFC Bank Ltd.,

Nelson Manikam Road,

Choolaimedu,

Chennai 600 094.

 

4. Mr. Mahadaven,

Manager (Collection),

HDFC Bank Ltd.,

Nelson Manikam Road,

Choolaimedu,

Chennai 600 094.

 

5. Mr. Santhosh,

Executive (Collection),

HDFC Bank Ltd.,

Nelson Manikam Road,

Choolaimedu,

Chennai 600 094.                                        .. Opposite parties.

 

Counsel for Complainant           :   M/s. M. Udayaraj           

Counsel for opposite parties      :   M/s. R. Balaji    

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to release a sum forRs.9700/-blocked by 2^nd opposite party and release of salary account No.0041050166122and also to pay a sum of Rs.1,95,000/- as compensation for mental agony and also to pay cost of the complaint.

1. The averment of the complaint in brief are as follows:

           The complainant submit that he availed credit card facility of 3^rd opposite party.  The complainant is holding a salary account with 2^nd opposite party vide Account bearing No.0041050166122 to the limit of Rs.25,000/-.  The complainant after availing credit card facility making regular payment on the purchases made with the credit card, which transaction is no way connected with the salary account of 2^nd opposite party.  On 10.8.2005 the 2^nd opposite party suddenly blocked Rs.13,143.07  from  the salary account of the complainant  credit card  No.4346771003599009 without any instruction from the complainant.   On enquiry with the 2^nd opposite party the complainant came to know that the opposite parties forcibly blocked the account.   Further the complainant stated that on 1.10.2005 the collection agents of 3^rd opposite party approached the complainant and informed the terms and conditions of one time settlement and approved only if the complainant pay Rs.810/- immediately.   Further the complainant state that during the month of January 2006 once again the 2^nd opposite party without any instruction suddenly blocked a sum of Rs.9700/- from the complainant’s account forcibly; when the cheque issued by the complainant were returned as dishonoured with endorsement as “insufficient of  funds which caused great mental agony and hardship.   Further the complainant state that on the instruction of 3^rd opposite party after blocking a sum of Rs.13,143.07 on 13.8.2005 the collection agents of the 3^rd opposite party namely  the 4^th and 5^th opposite parties approached the complainant for payment of balance of Rs.17,000/-; even after  one time settlement for Rs.17,000/-.  Accordingly the complainant issued legal notice to the opposite parties.    Even after receipt of notice  the opposite parties has not proper responded.    As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in Written Version of  the  3^rd opposite party and adopted by 2^nd and 4^th opposite parties are  as follows:

      The  opposite parties deny each and every allegations except those that are specifically admitted herein.   The opposite parties submit that admittedly the complainant availed credit card facility and used the credit card for various purchases and has not paid the amount properly.    The complainant is a chronic defaulter in payment of amount towards credit card.  The complainant did not pay the minimum amount due to the credit card for the month of June and July 2005 and issued a cheque dated 25.6.2005 for a sum of Rs.1350/-  which was returned as dishonoured.   On 10.8.2005 the opposite party bank exercised right of lien for a sum of Rs.13,143.07 against the outstanding amount of Rs.27,817.06.  Further the opposite parties state that the last payment effected by the complainant prior to marking of the lien in the month of August 2005 was Rs.1190/-.  The opposite parties offered one time settlement in the month of August 2005 offering Rs.17,200/- under two installments and the said settlement figure also included the line marked amount of Rs.13,143.07/-   The complainant 2^nd installment of Rs.4056.93.    The opposite parties bank claimed a sum of Rs.17,799.03 in the month of October 2005.   The complainant has not paid any amount even after October 2005; during the month of January 2006 the total outstanding Rs.20,250.03.   Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B7 marked on the side of the  opposite parties.

 

4.   The points for the consideration is: 

1. Whether the complainant is entitled the relief of releasing a sum for  Rs.9700/-blocked by 2^nd opposite party and release of salary account No.0041050166122  as prayed for?

 

2. Whether the complainant is entitled a sum of Rs.1,95,000/- as compensation for mental agony with cost as prayed for ?

5. POINTS 1 & 2:

          The complainant pleaded in the complaint and stated that  the complainant availed credit card facility of 3^rd opposite party.  The complainant is holding a salary account with the 2^nd opposite party vide Account bearing No.0041050166122 to the cash limit of Rs.25,000/-.  The complainant after availing credit card facility making regular payment on the purchases made with the credit card, which transaction is no way connected with the salary account of 2^nd opposite party.  On 10.8.2005 the 2^nd opposite party suddenly blocked Rs.13,143.07  from  the salary account of the complainant  credit card  No.4346771003599009 without any instruction from the complainant.   On enquiry with the 2^nd opposite party the complainant came to know that the opposite parties forcibly blocked the account.   Further the complainant pleaded and contended that on 1.10.2005 the collection agents of 3^rd opposite party approached the complainant and informed the terms and conditions of one time settlement and approve only if the complainant pay Rs.810/- immediately;  but there is no document in this case.   Further the complainant pleaded and contended that during the month of January 2006 once again the 2^nd opposite party without any instruction suddenly blocked a sum of Rs.9700/- from the complainant’s account forcibly; when the cheque issued by the complainant were returned dishonoured with endorsement as “insufficient of  funds which caused great mental agony and hardship to the complainant.   Further the complainant contended that on the instruction of 3^rd opposite party after blocking a sum of Rs.13,143.07 on 13.8.2005 the collection agents of the 3^rd opposite party namely  the 4^th and 5^th opposite parties approached the complainant for payment of balance of Rs.17,000/-; even after  one time settlement for Rs.17,000/-.    Hence the complainant issued legal notice Ex.A3.    Even after receipt of notice  the opposite parties has not properly responded. 

6.     The contention of the opposite parties is that admittedly the complainant availed credit card facility and used the credit card for various purchases and has not paid the amount properly.  The complainant is a chronic defaulter in payment of amount towards credit card.  The complainant did not pay the minimum amount due to the credit card for the month of June and July 2005 and issued a cheque dated 25.6.2005 for a sum of Rs.1350/-  which was returned as dishonoured.   On 10.8.2005 the opposite party bank exercised right of lien for a sum of Rs.13,143.07 against the outstanding amount of Rs.27,817.06.  Further the contention of the opposite parties is that  the last payment effected by the complainant prior to marking of the lien in the month of August 2005 was Rs.1190/-.    The opposite parties offered one time settlement in the month of August 2005 offering Rs.17,200/- under two installments and the said settlement figure also included the line marked amount of Rs.13,143.07/-.  The complainant failed to pay the 2^nd installment of Rs.4056.93.   The opposite parties bank claimed a sum of Rs.17,799.03 in the month of October 2005.   The complainant has not paid any amount even after October 2005; during the month of January 2006 the total outstanding Rs.20,250.03.  Further the contention of the opposite parties is that at the time of issuing notice by the complainant a sum of Rs.71,638.99 is due the complainant suppressed the material fact and filed this case.   But on a careful perusal of the statement of accounts filed by the opposite parties reveals that on 15.4.2005 total dues Rs.40,827.26; on 15.5.2005  total dues Rs.40,929.99; on 15.6.2005 total dues Rs.41,279.85;  on 15.7.2005 total dues Rs.41,589.46; on 15.8.2005 total dues Rs.48,843.22; on 15.9.2005 total dues Rs.49,873.91; on 15.10.2005 total dues Rs.51,321.51; on 15.11.2005 total dues Rs.51,041.38; on 15.12.2005 total dues Rs.51,051.72; on 15.1.2006 total dues Rs.54,567.98; on 15.2.2006 total dues Rs.57,307.12; on 15.3.2006 total dues Rs.60,012.64;on 15.4.2006 total dues Rs.64,717.38; on 15.5.2006 total dues Rs.68,006.31; on 15.6.2006 total dues Rs.71,638.99 but there is no basis for such amount increasing day by day against the RBI Rules.   But admittedly the opposite parties blocked a sum of Rs.13,143.07/- and another sum of Rs.9700/- from the account of the complainant.   Further it is also seen from the statement of accounts filed by the opposite parties there was no transaction of any kind using credit card by the complainant after September 2005.  In the month of September 2005 as per one time settlement the opposite parties transferred a sum of  Rs.13,143.07 from the account of  the complainant; there is only a balance  sum of Rs. Rs.4056.93.  Hence accruing  a sum of  Rs.71,638.99 never arise since there is no transaction of any kind by the complainant and after blocking the account of the complainant.  Therefore the complainant has to pay a sum of Rs.4056.93 towards credit card balance.   Considering the facts and circumstances of the case this forum is of the considered view that  the  complainant is not entitled for any relief as prayed for in the complaint and the points 1 & 2 are answered accordingly. 

                        In the result the complaint is dismissed.  No cost.

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 1^st day  of  November  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- Aug’2005  -  Copy of Statement of account.

Ex.A2- Jan’2006     -  Copy of statement of account.

Ex.A3- 13.1.2006  -  Copy of email from the complainant to the opp. party.

Ex.A4-         -       -  Copy of Ack.

 

Opposite parties’ side document: -   

Ex.B1-         -       - Copy of statements of account

Ex.B2-         -       - Copy of Health Plus Card application.

Ex.B3-         -       -  Copy of notice.

Ex.B4 -       -       -  Copy of Silver Card.

Ex.B5- 3.1.2006    - Copy of notice.

Ex.B6-         -       - Copy of duplicate statement.

Ex.B7-         -       - Copy of stop payment cheque.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.