DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI.

Vandana Pandey

J 21, Lajpat Nagar 3

New Delhi-110024

                                                                                   ..........Complainant

Versus

1. HDFC Bank Ltd

2212, J block, Gali no 64-65 Naiwala,

OPP Gurdwara Road, Karol Bagh, New Delhi-110005

2. HDFC Bank Ltd

H-69 Outer Circle , Connaught Circus, Connaught Place,

New Delhi-110001

                                 ..........Respondent/OP

ORDER

Per Sh. Rakesh Kapoor, President

  This case relates to issuance of a credit card in favor of the complainant and the transactions carried out on it allegedly by her.

Whereas it  is the case of the complainant that she had never applied  nor had received a credit card issued by the OP., the OP in its reply has alleged that a credit card was duly issued to the complainant on a written application form filed and signed by her.  The OP bank has exercised its right of lien under section 171 of the Indian Contract Act for the amount due from the complainant in respect of the transactions carried out on the said credit card which fact is being disputed t by the complainant.  The OP bank has placed on record the original application form purported to have been signed by the complainant requesting for issuance of a credit card in her name.    Both parties have filed affidavits of handwriting experts employed by them who  have examined the signatures on the application form and have given diametrically  opposite opinions about it.  Whereas, the handwriting expert employed by the complainant has opined that the signature on the application form are not that of the complainant , the expert examined by the OP bank has given an opinion that the disputed signatures are in fact  the signatures of the complainant.   

      A complaint U/s 12 of the Consumer Protection Act is adjudicated on the basis of the affidavits filed on record in the summary procedure prescribed under the act ibid. Where, however,  the complaint involves disputed question of facts which require determination after leading of evidence by both sides including a detailed cross examination of the witnesses , the appropriate forum for adjudication of the complaint is the Civil Court .This forum in its summary procedure cannot decide such like complaints .

      We are , therefore, of the considered opinion that in view of the disputes raised in the complaint and in view of the fact that these disputes need determination by detailed examination of the witnesses including their cross examination , the present complaint is not maintainable in this forum.  The complainant ,however ,would be at liberty to approach  a Civil Court/any other appropriate forum for adjudication of this dispute.

With these observations we dispose of this complaint

Copy of the order be made available to parties free of cost as per law.

    File be consigned to R/R.

    Announced in open sitting of the Forum on_____________

    ( S N SHUKLA )                   ( RAKESH KAPOOR )

          MEMBER                       PRESIDENT