Delhi

New Delhi

CC/171/2020

Karanjit Singh - Complainant(s)

Versus

M/S. HDFC Bank Ltd. - Opp.Party(s)

20 Sep 2021

ORDER

 

          CONSUMER DISPUTES REDRESSAL COMMISSION-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

       I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 171/2020                                                                       Dated:

In the matter of:

Karanjit Singh

S/o Sh. Ajit Pal Singh

R/o 6, K.G. Marg

New Delhi-110001                                                                                                                                                                                                   ……..COMPLAINANT

Versus

 

1. HDFC Bank Ltd.

HDFC Bank, House Senapati Bapat Marg,

Lower Parel W, Mumbai-400013,

Maharashtra

 

2. HDFC Bank Ltd.

K.G. Marg, Surya Kiran Builing,

New Delhi-110001

Though its Branch Manager

 

 

3. HDFC Bank Ltd.

Credit Card Division

3^rd Floor, Village Budella, Vikaspuri,

Behind Oxford School, OP. Dussehara Ground

Delhi- 110027

Though its Branch Manager

 

4. Trans Union CIBIL Limit

Formerly:- Credit Information Bureau (India) Limited

One Indiabulls Centre, Tower 2A, 19^th Floor,

Senapati Bapat Marg, Elphinstone Road,

Mumbai- 400013.                                                                                                                                                                                       ……..OPPOSITE PARTIES

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

File taken up by Video Conferencing.

The complainant has filed the present complaint under section 35 of the Consumer Protection Act against the OPs. The brief facts are as under:-

The complainant had opened a savings bank account bearing no. 0031000245757 with the OP-2 namely HDFC BANK LTD., K.G MARG, SURYA KIRAN BUIDING, NEW DELHI-110001 branch. At the time of opening of the said bank account, the complainant was offered services of a credit card by OP-2 without any terms and conditions.

The complainant had also opened the FDR account deposited INR 4,10,000/- in a fixed deposit (FD) with the OP-2 vide FDR no.  0034650030660 on 25/04/2006 which was to be mature on 26/04/2008 @ 6.75% per annum. The complainant directly received the credit card statement issued by OP-2 dated 14/08/2004 instead of credit card which was applied by him at the time of opening the Saving Bank account.  On going through the statement. He came to know that his credit card no. is 4346781000332247 and the same was also used for shopping in London, Berkeley etc. in the month of July, 2004.

Without making any delay complainant immediately visited the office of the OP-2 itself and apprised the officers of the OP-2 regarding the issue. The officials of the OP informed the complainant that the credit card was wrongly delivered to one Mr. Karamjit Singh Bawa R/o 6, Hailay Road, K.G. Marg, New Delhi-110001 who used the credit card in England and thereafter the credit card statement was incorrectly issued and delivered to residence of the complainant.

The officials of the OP-2 further told the complainant that it was a prima facie matter of mistaken identity due to the near similarity of the addresses and therefore advised the complainant to take up the matter with the OP-3 i.e. the credit card division of OP-2 by writing a written complaint to OP-3 and the matter shall be resolved. The complainant then immediately filed a written complaint before the  OP-3 i.e. the credit card division of OP-2 hoping that the issue of mistaken identity caused solely due to the callousness of the OP-2 & OP-3 with be resolved.

Despite swift action taken by the complainant to resolve the issue nothing was done by the OP. The complainant visited office of the OP on various occasion and requested to rectify the mistake done by them but to no avail.

The OP instead of resolving the issue and handover the matter to its recovery agent who made every possible attempt to browbeat the complainant by using invective words. They even makes the threatening calls multiple times in a day to recover their illegal demands.

On 8/01/2007 complainant received notice wherein, the OPs suspended the credit card in question due to non-payment. The OPs did not stop here and created the lien on the FDR deposited by the complainant in order to recover the outstanding credit card amount.

Through reliable resources, the complainant was informed that the sum of Rs. 10,000/- was deposited by the Sister of Karamjit Singh Bawa towards the outstanding amount of credit card in question.

On 14/08/2007, the complainant again wrote a letter/complaint to the OP-2 requesting him to resolve the issue of mistaken credit card in question as well as wrongful deduction of the amount from the FDR. Fortunately on this occasion the OP settled account and remove the lien imposed on his FDR.

 The audit trail inquiry dated 14/08/207 vide which the lien was removed from the FDR of the complainant, even though the lien was removed from the FDR of the complainant. The amount that was illegally debited was not received back.

On the contrary, the complainant was receiving the threatening calls from the recovery agents of OPs and the situation was further worsened when the complainant received legal notice dated 17/08/2009 regarding the non-payment of the outstanding amount of Rs. 53,994/-.

On 04/10/2011 again one notice was received by the complainant and this time the OP Arbitrarily raise the amount to the tune of Rs. 01,20,016/-. On various occasions the complainant received threatening calls from the OP and finally in the month of November,2020 he received the auto generated massage from OP regarding the outstanding payment of Rs. 02,94,000/-. Despite settling the issue the OP has arbitrarily raised a outstanding of Rs. 02,94,000/- against the credit card in question. This act of OP amounts to deficiency in services, hence, this complaint.

The complaint has been contested by the OP stating that the present complaint is hopelessly barred by limitation. It is also stated that the present question involved the complicated question of facts, hence, it cannot be adjudicated in the summary proceedings.

It is further stated that on 08/01/2007 there was a total outstanding of Rs. 30,203.57/- against the credit card in question. After issuing the notice dated 08/01/2007 to the complainant the, OP bank exercising the arbitrary rights of lien hold the FDR to the extent of the outstanding amount. Despite receiving the notice, the complainant did not reply or clear the dues, hence, the OP bank created Banker’s Lien and Set-off the amount on 24/01/2007. As per the credit card Member agreement which was later reversed. It is further stated that the bank has acted as per the Card Member Agreement and hence, the deficiency as alleged is not attributed towards it.

The complainant filed evidence by way of affidavit. The OP also filed  evidence by way of affidavit.

We have considered the material placed before us and the submissions made on behalf of parties with relevant provisions of law.

The perusal of the record shows that on 14/08/2004 the complainant  lodge the first complaint with the OP regarding the non-receipt of the credit card in question. It was duly received by bank on 16/08/2004 (Reliance is placed on annexure C of the complaint) again on 14/08/2007, the complainant visited that office of the OP and requested for pre-mature redemption of the fund in order to safe guard his money against the illegal demands raised by OP Bank. This Communication clearly established that the complainant was regularly following the issue in question with the bank to sort out the issue. Admittedly, as per the statement of the OP in its written statement that the matter has been settled and the lien amount was also refunded to the complainant. The OP on various occasions sends the illegal demands against the credit card in question, which clearly established that the cause of action in continuously in existence, hence, the present complaint is well within its limitation.

The Bare perusal of the documents placed on record as well as the submission made by the parties, it is evidently clear that there was a outstanding of Rs. 30,203.57/- on 08/01/2007, against this outstanding the OP firstly created the lien on the FDR deposited  by the complainant and arbitrarily after few days as well as by considering the reputation of the complainant remove the lien from the FDR and then after continuous persuasion by the complainant finally reverse the entry against the FDR of the complainant, this contention was also clearly made by the OP in its written statement. We fail to understand that if there is any outstanding on the credit card in question then what force the OP to reverse the amount deducted by him by taking the action under lien.

In view of the above submission, we are of the considered view that the OP firstly arbitrarily created the  outstanding on the credit card in question and failed to inform the complainant about the same and then by imposing the compound interest on the outstanding amount raised it to the tune of Rs. 02,94,000/- for getting the undue profit, this act of the OP amounts to deficiency in services, we therefore, hold the OP guilty and direct it as under :-

1. OP-1,2 & 3 are directed to stop making threatening calls with respect to payment of outstanding amount of credit card and stop sending auto generated messages and emails with regard to credit card in question.
2. OP-1,2 & 3 are directed to withdraw the illegal proceedings initiated by it against the complainant.
3. OP-4 is directed to rectify the CIBIL score of the complainant.
4. OPs are directed to pay to the complainant a sum of Rs. 3,00,000/- as damages for the harassment and mental agony suffered by him for last 15 years alongwith Rs. 30,000/- as litigation expenses.

The OPs shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 9% per annum, till realization.

Copy  of   the order may  be  forwarded  to  the  complainant  to   the case free   of cost as statutorily required. The orders be uploaded on www.confonet.nic.in File be consigned to Record Room.

            Announced in open Forum on 20.09.2021.

 

 

                          (ARUN KUMAR ARYA)

                    PRESIDENT

                

 

                                                   (R.C. MEENA)

                                                       MEMBER