Haryana

Kurukshetra

166/2018

Ashu - Complainant(s)

Versus

HDFC - Opp.Party(s)

14 Jun 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint no.166 of 2018.

Date of instt. 23.07.2018. 

                                                                         Date of Decision: 14.06.2019.

 

Anshu (aged 16 years) minor daughter of Shri Suresh Kumar son of Shri Chanderbhan, resident of House No.388, Sector-3, Urban Estate, Kurukshetra (Haryana) through her father Shri Suresh Kumar (Mob No. 9416155294) who is natural guardian and next friend of the minor.     

 

                                                        ……….Complainant.      

                        Versus

 

1. HDFC Bank Ltd., Branch Office Pipli, District Kurukshetra, Haryana through its Branch Manager Mr. Manoj Mob No. 9541110666.
2. Aditya Puri Managing Director, HDFC Bank Ltd. Head Office, HDFC Bank House, Senapati Bagpat Marg Lower Parel (West Mumbai) 400013 (Contact No.022-6284150)

 

..………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.            

 

Before       Smt. Neelam Kashyap, President.    

                Ms. Neelam, Member. 

                Sh. Sunil Mohan Trikha, Member                                          

Present:     Complainant in person.       

 Sh. Gaurav Gupta, Advocate for opposite parties.

 

           

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Anshu minor through her father Sh. Suresh Kumar natural guardian and next friend of the minor against HDFC Bank Ltd. and another, the opposite parties.

2.             It is stated in the complaint that complainant was ninth class student and obtained first position in 9^th class in Vivekanand Vidyas Niketan School, Assand, District Karnal. A function was organized in the said school, in which Deputy Commission, Karnal was invited as Chief Guest and in the said function, the complainant was awarded scholarship of Rs.10,000/- through cheque bearing No.001966 dated 10.2.2018 of HDFC Bank, Branch Office Rajaund, District Karnal by said school from its bank account No.1725762000016 and the said cheque was handed over to the complainant by the Chief Guest Hon’ble Deputy Commissioner, Karnal. It is further averred that for receiving the said amount of Rs.10,000/-, the father of complainant firstly for opening the new bank account of his daughter paid Rs.5500/- to the op through cheque on 17.2.2018 and submitted all the documents for the same. Moreover, the op also took the cheque of Rs.10,000/- from the father of complainant on the same day for its encashment/ realization. Ultimately the op opened new bank account no.50100235404434 in the name of complainant. It is further averred that after presentation/ handing over the cheque in question to op no.1, the complainant neither received the cheque amount nor received any intimation regarding honor/ dishonor of the cheque in question and after waiting sufficiently, the father of complainant visited the Branch Office and inquired about the status of the cheque. But initially the officials of op no.1 started to linger on the matter and gave false assurance that they have sent the cheque for encashment but even inspite of lapse of 1/2 months, the complainant neither received the cheque amount in her account nor any intimation has been given by op no.1 and its official/ incharge to her. It is further averred that thereafter, the father of complainant visited the branch office but the op no.1 started to make false excuses regarding misplacing of the cheque and assured that they will trace out the same very soon and will encash the same very soon, but to no avail and the op no.1 and its official have acted in negligent manner and there is great deficiency in their services. That father of complainant made complaint against op no.1 to op no.2 but op no.2 has also failed to take any appropriate legal and disciplinary action against the guilty officers/ officials and the complainant suffered loss of interest on the cheque amount and the ops have harassed the complainant. Hence, this complaint.

3.             On notice, opposite parties appeared and filed reply taking certain preliminary objections regarding no locus standi, involvement of complicated question of law and facts, no deficiency in service, no cause of action and suppression of true and material facts. It is submitted that cheque amount of Rs.10,000/- has been paid/ credited by the drawer of the cheque i.e. issued in favour of complainant on 8.8.2018 by the efforts made by the ops. It is further submitted that true facts are that the father of complainant requested to op no.1 to open a saving bank account in the name of complainant on 9.5.2018. The ops initiated the process of opening an account upon receipt of the request and informed the complainant about the formalities and the documents required to be submitted for opening the bank account. As per the guidelines issued by RBI, bank can process the opening of bank only upon receipt of the required documents and completion of procedural formalities. There was no delay on the part of ops for processing the opening of the account. The complainant himself delayed the process by submitting the required documents and completing the procedural formalities with delay on 5.5.2018. Upon completion of the same, the account was opened on 9.5.2018. The delay in starting the operation of the saving bank account in the name of complainant was due to the reason mentioned above and not by op no.1. The validity of the cheque i.e. period of three months from the date of issue of cheque lapsed before opening the account in the name of complainant and op no.1 was not able to collect the cheque amount as the cheque became stale. It is further submitted that ops are known for their best customer services and put forth all its efforts for re-issuance of the cheque from the drawer of the cheque and upon receipt of new cheque, the same was collected and credited in the saving bank account of complainant. Remaining contents of the complaint are denied and prayer for dismissal of complaint made.

4.             The complainant tendered affidavit of Sh. Suresh Kumar Ex.CW1/A and documents Ex.C1 and Ex.C2. On the other hand, ops tendered copy of statement of account Ex.R1.

5.             We have heard the complainant as well as learned counsel for the ops and have perused the case file carefully.

6.             The complainant alleges that for opening the new bank account in the name of his daughter paid Rs.5500/- to the op through cheque on dated 17.2.2018 but no receipt of the said amount/ cheque has been placed on file by the complainant. The copy of the statement of account Ex.R1 placed on file by ops reveals that an amount of Rs.5500/- was deposited on 9.5.2018. According to the ops, there was delay on the part of complainant himself for submitting documents for opening the account and the validity of the cheque in question i.e. period of three months from the date of issue of cheque lapsed. The copy of cheque of Rs.10,000/- has been placed on file by complainant as Ex.C1 which is of dated 10.2.2018 and the account was opened on 9.5.2018, therefore, the validity of the said cheque was expired and it seems that complainant himself delayed the opening of bank account as he has not submitted the documents in time because there no receipt of the amount of Rs.5500/- allegedly deposited on 17.2.2018 has been placed on file by complainant. The amount of cheque of Rs.10,000/- has already been credited in the account of daughter of complainant on 8.8.2018 after receiving new cheque from the school as is evident from copy of statement of account Ex.R1 but the complainant Suresh Kumar in his affidavit Ex.CW1/A which was tendered on 4.1.2009 has not stated that payment of Rs.10,000/- was credited in the account of his daughter on 8.8.2018. As the amount has already been credited in the account of complainant, the complaint has become infractuous and as such same is hereby dismissed. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.            

Announced in open Forum:

Dt.: 14.6.2019 

                                                                        (Neelam Kashyap)

                                                                        President.

(Neelam)           (Sunil Mohan Trikha)        

                Member                     Member