Tamil Nadu

South Chennai

477/2006

Ananda raghavan - Complainant(s)

Versus

HSBC Ltd - Opp.Party(s)

s.venkatesan

08 Jan 2018

ORDER

                                                                                                                           Date of Filing  : 14.08.2006

                                                                          Date of Order : 08.01.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (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

CC. NO.477 /2006

MONDAY THE 8^th DAY OF JANUARY 2018

Mr. Ananda Reghavan,

No.55, V.R.Pillai Street,

1^st Floor Trplicane,

Chennai -5.                                                        .. Complainant.

 

                                      ..Vs..

 

The Hong Kong and Shanghai Banking

Corporation Limited,

Rep. by its Manager, 

R.K. Salai, Chennai -4.                                     .. Opposite party.

 

 

Counsel for complainant         :  M/s. S.Venkatesan & another    

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

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section  12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.50,000/- as compensation for mental agony  and to pay cost of the complaint.  

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

          The complainant submit that  he was holding a savings bank account with the opposite party with Zero balance and using the account since 1998.    The complainant also availed ATM debit card of the opposite party and using the same for regular day to day transactions.   The opposite party also issued credit card facility to the complainant.  On 13.5.2006 when the complainant went to Vaithisvaran Kovil he lost his wallet contains credit cards, debit card etc.   Immediately the complainant informed the customer service of all the banks including  the opposite party about the loss of credit  and debit cards.   But no police complaint given.  Further the complainant state that the opposite party customer care service informed that the complainant will receive any new cards within five days.   But after a long period the complainant received only an application form to be filled up and dropped in the ATM box.   On 29.5.2006 the opposite party issued cards.  Even after on 31.5.2006 the opposite party sent a apology letter stating that " AS A SERVICE GESTURE WE HAVE ARRANGED TO CREDIT YOUR CREDIT CARD ACCOUNT WITH 300 BONUS POINTS".   As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant. 

2. The brief averments in the written version filed by the  opposite party is as follows:

The  opposite party deny each and every allegations except those that are specifically admitted herein.  The opposite party submit that the complainant has lost his debit card on 13.5.2006 at Mayavaram but no complaint given or lodged any FIR registered without lodging police complaint  giving information through customer care is at house.   This opposite party cannot take immediate steps to lock the account and steps for issuing fresh cards.   Only 29.5.2006 the complainant sent a written communication regarding the loss of debit card.   Immediately steps were taken for issuing of new cards.    Further the opposite party  state that the alleged letter dated 31.5.2006  is false.   However inspite of the same, the bank had offered 300 bonus points admittedly, which the complainant failed to appreciate.    Hence there is no deficiency in service on the part of the opposite  parties 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.A13 marked.  Proof affidavit of the opposite party filed and no documents marked on the side of the  opposite party.

 

 

4.      The points for consideration is :

Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation for deficiency in service committed by the opposite party with cost as prayed for?

5.      ON POINT:

        Heard the opposite party counsel. Complainant has not turned up to advance any written and for oral arguments .  Perused the records (viz) complaint, written version, proof affidavits and documents.  The complainant pleaded in the complaint  and stated in the proof affidavit that he was holding a savings bank account with the opposite party with Zero balance and using the account since 1998.    The complainant also availed ATM debit card of the opposite party and using the same for regular day to day transactions.   The opposite party also issued credit card facility to the complainant.  On 13.5.2006 when the complainant went to Vaithisvaran Kovil he lost his wallet contains credit cards, debit card etc.   Immediately the complainant informed the customer service of all the banks including  the opposite party about the loss of credit  and debit cards.   But no police complaint given.  Further the complainant pleaded and stated in the proof affidavit that the opposite party customer care service informed that the complainant will receive  new cards within five days.   But after a long period the complainant received only an application form to be filled up and dropped in the ATM box.  Even after a  complaint on the requests the opposite party took note of the loss of card only seven days which amounts to deficiency in service.    On 29.5.2006 the opposite party issued cards. Thereafter on 31.5.2006 the opposite party sent  apology letter stating that " AS A SERVICE GESTURE WE HAVE ARRANGED TO CREDIT YOUR CREDIT CARD ACCOUNT WITH 300 BONUS POINTS"  establishes deficiency in service and the complainant is claiming a sum of Rs.50,000/- towards compensation.

6.     The  learned counsel for the opposite party  contended that the allegation against the opposite party  by the complainant is baseless without any record.   The complainant has not filed any document to prove the none of the allegation.    It is the case of the complainant that he has lost his debit card on 13.5.2006 at Mayavaram but no complaint given or lodged any FIR register; without lodging police complaint  giving information through customer care is at house.   This opposite party cannot take immediate steps to lock the account and steps for issuing fresh cards.   Only 29.5.2006 the complainant sent a written communication regarding the loss of debit card.   Immediately steps were taken for issuing of new cards.    Further the contention of the opposite party is that the alleged letter dated 31.5.2006  is false.  No such letter  addressed to the complainant.    AS A SERVICE GESTURE WE HAVE ARRANGED TO CREDIT YOUR CREDIT CARD ACCOUNT  WITH 300 BONUS POINTS.   The claim of Rs.50,000/- towards compensation is imaginary and exorbitant.  There is no deficiency in service committed by the opposite party.  Considering the facts and circumstances of the case this forum is of the considered view that the complainant is not entitled to any relief as prayed for in this complaint and the point is 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 8^th day of January 2018. 

MEMBER –I                       MEMBER-II                              PRESIDNET.

COMPLAINANT’S SIDE DOCUMENTS:

Ex.A1- 20.7.2004 - Copy of letter from the opp. party to the complainant.

Ex.A2- 14.8.2004 - Copy of letter from the opposite party.

Ex.A3- 10.1.2005 - Copy of letter from the opposite party.

Ex.A4- 12.2.2005 - Copy of intimation letter.

Ex.A5- 26.2.2005 - Copy of letter from the opp. party to the complainant

Ex.A6- 4.3.2005  - Copy of letter from the opp. party to the complainant

Ex.A7- 4.2.2006  - Copy of letter from the opp. party to the complainant

Ex.A8- 29.5.2006 - Copy of letter from the opp. party to the complainant

Ex.A9-            - Copy of certificate from the opp. party.

Ex.A10-           - Copy of certificate from the opposite party.

Ex.A11-          - Copy of certificate from the opposite party.

Ex.A12-          - Copy of certificate from the opposite party.

Ex.A13-           - Copy of Courier receipt.

OPPOSITE  PARTIES SIDE DOCUMENTS:   .. Nil..

 

MEMBER –I                       MEMBER-II                              PRESIDNET.