ORAL ORDER
Per Mr.S.R. Khanzode – Hon’ble Presiding Judicial Member:
This appeal takes an exception to an order dated 30.09.2011 passed in Consumer Complaint No.2327/2009, Radha Prakash Agwekar V/s. Manager, Credit Cards, H.D.F.C. Credit Cards Division & anr., by the District Consumer Disputes Redressal Forum, Sangli.
The deficiency in service is alleged against the Respondents/Opponents for transferring balance from the Saving Bank Account of the Appellant/Complainant towards the dues of the credit card without any authority from the Complainant. The Forum upholding the case of the Complainant directed to remove said deficiency by recrediting the amount of Rs.30,681.43, which was transferred from the Saving Bank account of the Complainant and credit the amount in the Saving Bank of the Complainant and further interest was granted. Feeling aggrieved thereby the Opponents in the consumer complaint preferred this appeal.
At the time of hearing of the appeal, Appellants and their Counsel preferred to remain absent. We heard Ld.Counsel appearing for the Respondent. Perused the record.
Referring to the written version of the Appellants/Opponents, it can be seen that they tried to view authenticity of their impugned action referring to the Card Member Agreement and other documents on the basis of which they were given an authority to transfer funds from the Saving Bank Account of the Complainant towards the dues. Therefore, as per their own case they rely on the agreement. In the instant case, as rightly observed by the Forum on the basis of material placed on record that, the Complainant did not give the Bank to exercise any such authority. The Bank directly transferred balance from her saving account towards the dues of the credit card. She had specifically answered in the negative against the direct debit to which reference is made in the impugned order. The Bank wanted to rely upon the Card Member Agreement, but did not produce the entire agreement on record. Therefore, it cannot be relied upon. The agreement is to be read in full and producing a part of it will not help. We find no fault in the impugned order and thus, finding the appeal devoid of substance, we pass the following order:
O R D E R
Appeal stands dismissed.
The appellant to bear its own costs and pay `5,000/- as costs to the Respondent.
Pronounced on 26th February, 2013.
