CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/311/15

          Date of Institution:-   08.07.2015

          Order Reserved on:- 18.12.2023

                       Date of Decision:-      23.02.2024

IN THE MATTER OF:

Vinay Kumar Yadav

S/o Sh. Ganga Ram Yadav,

R/o H. No. 198, Kapashera,

New Delhi - 110037

.….. Complainant

VERSUS

1. HDFC Bank Ltd.

Through its Managing Director

At: HDFC Bank House,

Senapati Bagh Marg,

Lower Parel West Mumbai,

Pin – 400013

2. The Manager

HDFC Bank Ltd.

RZ-2, Opposite Police Station,

Kapashera, New Delhi – 110037

        .…..Opposite Parties

    ORDER

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations that he is maintaining saving bank account No.16701000004381 with OP-2 and a credit card bearing no.5523441000898521 has been issued. On 12.02.2015, a sum of Rs.64000/- was debited from his account without his authority. He had issued a post-dated cheque of Rs.52240/- in favour of Shri Ram World School which was returned back with remarks “insufficient funds”. He tried to find the reason but in vain upon which email dated 23.03.2015 was given to OP. A legal notice dated 09.04.2015 was issued to the OP but without any result. Hence, this complaint.

2. The OPs have filed the reply to the effect that complainant has failed to pay the outstanding amount due on account of credit card issued to the complainant. The credit card agreement was issued to the complainant vide which OPs are entitled to exercise its right to have a lien and set off all monies belonging to the card member standing in the credit in any account whatsoever with the bank. The OPs are fully entitled to debit the account of the customer in case of default in the payment of amount. The OPs have sent demand letter to the complainant. The reply dated 16.05.2015 was given to the legal notice of the complainant. A lien notice was served upon the complainant in February, 2015 but complainant did not clear the dues. The transaction has taken place on 17.02.2015 with a gap of 7 days from the date of issuance of the cheque. The customer is duly informed about the debit entry. There is no merit in the complaint.

3. The complainant has filed the rejoinder wherein he has denied the averments of the written statement and reiterating the stand taken in the complaint.

4. The parties were directed to lead the evidence.

5. The complainant has filed his own affidavit in evidence and corroborated the version of complaint.

6. The OPs have filed the affidavit of Sh. Ashish Singh in evidence and corroborated the version of reply and relied upon the documents EX.RW1/1 to 1/6.

7. We have heard Ld. Counsel for the parties and perused the entire material placed on record including written submission.

8. It is clear from the material on the record that complainant is having a saving bank account with OP-2. OP-2 has issued credit card bearing no. 5523441000898521 to the complainant.

9. The Credit Card Agreement Ex.RW1/2 is placed on record by the OPs. The card member agreement says that bank will have a lien and right of set off on all monies belonging to the card member and/or add on card member standing to their credit in any account whatsoever with the bank or in the possession or custody of the bank. If upon demand by the bank, the balance outstanding on the card amount is not repaid within the prescribed time, such credit balance in any account may be adjusted towards the dues under the card account.

10. Ex.RW1/3 shows that statement of account has been sent to the complainant. The complainant has failed to rebut the fact that he has not received the statement of account from the OPs. The complainant has failed to controvert the document Ex.RW1/3.

11. The OPs have issued lien notice Ex.RW1/5 dated 02.02.2015 to the complainant whereby he was directed to clear the outstanding balance of Rs.1,49,801/-. The bank has placed a hold on funds in HDFC bank account by exercising bankers lien and right of set off. The complainant did not clear the dues and this notice finds reflection in the reply Ex.RW1/6 in response to the legal notice of the complainant.

12. The credit card agreement is binding upon the complainant. The OPs have exercised right to lien and right of set of in accordance with the terms and condition of the credit card agreement. The notice Ex.RW-1/5 was issued to the complainant to clear the outstanding dues and bank has kept the account on hold in accordance with the credit card agreement. The bank has deducted the dues of credit card from the account of the complainant in accordance with the credit card agreement by giving prior notice to the complainant.

13. There is no deficiency of service on the part of the OP by deducting the amount from the saving bank account of the complainant.

14. In view of the above stated discussion, we do not find any merit in the complaint of the complainant and accordingly the complaint of the complainant is dismissed without any order as to the cost.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 23.02.2024.