Haryana

Fatehabad

CC/90/2020

Raj Kumar - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Rajesh Gandhi

25 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.

                                         Sh.Rajbir Singh, President.                                                      Dr.K.S.Nirania and Smt.Harisha Mehta, Members

 

                                                                    C.C.No.90 of 2020.                                                                                              Date of Instt.: 24.03.2020.                                                                                   Date of Decision: 25.04.2024

Raj Kumar son of Veerbhan resident of Surya Enclave, Fatehabad.

                                                                        ..Complainant

                              Versus

 

Branch Manager, HDFC Bank G.T.Road, Fatehabad.

 

                                                                   ..Opposite Party.

Complaint under Section 12 of Consumer Protection Act, 1986  

Present:                 Sh.Rajesh Gandhi, Advocate for complainant.                                                       Sh.Amit Wadhera, Advocate for Op.

ORDER

SH.RAJBIR SINGH, PRESIDENT

1.                          In nutshell, facts of the present complaint are that the complainant has been maintaining bank account No.50100086760700 for the last 2-3 years with the Op; that on 16.11.2019 an amount of Rs.1,11,388.97/- was deducted from his account despite the fact that he had not signed any voucher; that the complainant requested the Op besides serving notice upon it to refund the deducted amount but his grievance was not redressed. As such, complainant has submitted that the act & conduct of OP amounts to deficiency in service resulting into mental & physical harassment to her and thus prayed for acceptance of complaint.

2.                          Upon notice, OP appeared and filed its reply wherein several preliminary objections such as concealment of material facts, time barred, jurisdiction and cause of action etc. have been taken. It has been further submitted that the complainant had been using the credit card of OP since long and the alleged debit entry of Rs.1,11,388.97/- is for the payment towards the entries of credit for the last many months; that in the month of November 2019 total outstanding amount was Rs.1,14,602.90 in the credit card statement and an amount of Rs.1,11,388.97/- was debited  against the payment of credit card and still there is outstanding amount to the tune of Rs.6728.07 as per the statement dated 17.08.2020; that there is no deficiency in service and unfair trade practice on the part of Op. Other contentions have been controverted and prayer for the dismissal of the complaint has been made.

3.                          In evidence, the complainant has tendered affidavit Ex.C1 with documents Ex.C2 and Ex.C3 whereas the Op has tendered documents Annexure R1 to Annexure R37.

4.                          We have heard oral final arguments from both sides. We have also perused the case file minutely.

5.                          The complainant has come with the plea that an amount of Rs.1,11,388.97/- were deducted from his account wrongly and illegally and the Op did not refund the same despite several requests and serving of legal notice whereas the Op has come with the plea that the amount in question was deducted towards the repayment of credit card which the complainant was using because in the month of November, 2019 amount of Rs.1,14,602.90 was outstanding in the credit card statement and still an amount of Rs.6728.07/- is outstanding in the credit card statement on 17.08.2020.

6.                          The fact qua using of credit card by the complainant is established on the case file and perusal of document Annexure R27 reveals that an amount of Rs.1,14,602.90/- was outstanding against the credit card and therefore, an amount of Rs.1,11,388.97/- was deducted towards the repayment of the alleged outstanding amount in the credit card as is mentioned in Annexure R37 (statement of account) and that payment was made through net banking vide No.Fund TRF DM-457262xxxxxx5984. Another strange factor which this Commission has noticed that the complainant had been using the credit card since 17.09.2017 and the alleged payment of Rs.1,11,388.97 /- was made through net banking and the complainant has not mentioned even a single word in his compliant and evidence which shows that the present complaint has been filed by concealing the material facts from this Commission. It is a matter of general knowledge that net banking is known as internet banking and is a digital method to conduct banking transactions by means of internet and it requires user ID and password provided by the bank. In general the account holder in order to keep the account safe changes the password at regular intervals. Since the account holder keeps/maintain the password at his own therefore no one can make transaction in his account unless and until he discloses or tells the password of his/her account to other person.  In the present complaint on one hand the complainant himself has made the transactions through net banking and on the other hand filed the present complaint on the ground that the Op/bank an amount of Rs.1,11,388/- has been deducted from his account wrongly and illegally. Since the complainant has failed to prove on the case file as to what kind of deficiency in service the Op has done with him, therefore, the complaint deserves dismissal.

7.                          On the basis of above mentioned discussion, we are of the considered opinion that there was no deficiency in service at all or any unfair trade practice, on the part of OP, as alleged, so as to make it liable to any extent in this matter. Hence, the complaint is dismissed in view of the facts and circumstances stated above.  All the parties are left to bear their own costs. A copy of this order be supplied to both the parties free of cost as per rules.  This order be uploaded, forthwith, on the website of this Commission as per rules for the perusal of the parties. File be consigned to record room, as per rules, after due compliance.

Announced in open Commission.                                                                 Dated: 25.04.2024

 

                                                                                                        

                             (K.S.Nirania)                             (Harisha Mehta)           (Rajbir Singh)                                                          Member                             Member                               President