Delhi

New Delhi

CC/809/2010

Amit Mongia - Complainant(s)

Versus

M/S. HDFC BANK LTD. - Opp.Party(s)

05 Jun 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/809/10                                Dated:

In the matter of:

Mr. Amit Mongia,

H.No.5, 1^st FL, Block no.7,

Spring filed Colony, Sector-31,

Faridabad-121003

……..COMPLAINANT

       

VERSUS

 

HDFC Bank Ltd.,

Kailash Building,

K.G Marg, New Delhi

                                         ……..OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

 

The Complainant has a credit card bearing no.31765210080445132 over which outstanding was occurred for sum of Rs.33,000/- during March 2009 as per letter already placed on record. The settlement was already placed on record. The settlement was made for Rs.30,000/- between parties on 26.03.10 along with delay interest of Rs.20,401/- paid through cheque 279636 to OP, Complainant suddenly received a letter from OP that account of complainant was put on hold on 02.06.10 without consent of complainant. Thus complaint was filed for justice to defreeze his bank a/c.

OP in his reply Para has categorically admitted that he had withheld the complainant’s fund of Rs.46,772.70/- from his saving account as alleged the complainant being defaulter of credit card. OP also admitted of credit card. OP has also admitted Rs.33,000/- was outstanding during March 2009 in Para 5(b) and also admitted that complainant had approached OP bank to settle the matter which was mutually agreed on settlement letter where as Annexure 18 of complaint over which representative of company Mr. Bharat Singh categorically mentioned on receipt no.21127425 in which executive clearly mentioned full & final settlement placed on record as per Exh.18.

It appears that OP arbitrarily/deliberately freezed the complainant account without consent of complainant which is clear case of deficiency and unlawful act on the part of OP which is violation of RBI guidelines to freeze the account without consent of complainant which forced the complainant into litigation for his genuine legal right. OP also arbitrarily decline complainant’s request despite the receipt was issued by company placed on record.

Thus, OP is directed to defreeze the account of complainant and also withdraw the letter dated 02.06.10 and make saving bank account be operative. We also award Rs.15,000/- towards deficiency, harassment and Rs.10,000/- as litigation charges to complainant within 30 days.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

        Pronounced in open Court on 05.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)

MEMBER