Delhi

New Delhi

CC/330/2014

Rajeeb Ranjan Mallick - Complainant(s)

Versus

M/S. HSBC Bank - Opp.Party(s)

20 Jan 2020

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.330/2014                             Dated:

In the matter of:

               Sh.Rajeeb Ranjan Mallick,

               B-2/101, Janakpuri,

               New Delhi-110058

                           ……..COMPLAINANT

VERSUS

1.    Branch Head,

HSBC, Birla Towers,

Barakhamba Road,

New Delhi-01.

 

2.     Ms. Naina Lal Kidwai,

Managing Director & CEO,

HSBC, Fort, Mumbai-400001.Opposite Parties

 

NIPUR CHANDNA, MEMBER

   ORDER

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant is a Saving Bank holder of OP-2 bearing No.051412773 along with credit card    holder  bearing No.4384 5999 9880 2515. On 30.10.2004, the complainant received a call from the OP bank and informed  that a high value transactions has been carried out with his credit card. The complainant informed the Bank officer that credit card was being used by him on 27.10.2004 in the morning hours and a sum of Rs.1140.91. was debited, then it(credit card) could have been stolen  perhaps.  On 30.10.2004, around 8.00 p.m. the  complainant received a call from OP bank informing him that a high value transaction for the purchase of gold and silver articles from his credit card had taken place.  The complainant immediately requested the OP bank to block the card and accordingly the card was blocked.  On 31.10.2004, the fraudster presented the card a filling station but they failed to succeed in transaction as the card was blocked.  The complainant lodged an FIR with P.S. Hari Nagar and SHO issued a NCO FIR with the assurance to convert that into a proper  FIR.  On the next day, an FIR  at Chanakyapuri, P.S. was filed, but all in vain.  The OP bank started sending collection agent to the complainant and as such, on 28.8.2009, the complainant settled the credicard dues with the OP bank for a sum of Rs.20,500/- against which the OP assured the complainant to update his CIBIL Record and the credit account reflects the ZERO outstanding. 

2.     Vide letter dt. 28.11.2013, the bank asked the complainant to maintain the average monthly balance of Rs.1,50,000/- in saving bank account or close it.  On 24.12.2013, the complainant visited the bank, the official of the OP asked the complainant to settle the old collection case, despite the fact that the OP already received a sum of Rs.20,500/- against outstanding dues on the credit card in question.  Non-closure of the saving bank account by OP despite receiving the settled amount tantamount unfair trade practice.  Hence, the complainant, therefore, approached this Forum for redressal of his grievance. 

3.     Complaint has been contested by the OP. In its reply OP stated that the present complaint is not maintainable in the eyes of laws as the complainant has not approached this Forum with clean hands and concealed the material facts.  

4.     The counsel for OP has strongly challenged the question of limitation hence, need to be decided first.  

 

 As per section 24(A) of Consumer Protection Act, 1986 : -

1. The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

 

2. Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission or the District Forum, as the case may be records its reason form condoning such delay.

5.     On the point of limitation, we are guided by the Hon’ble Apex Court in the case title State Bank of India Vs. M/s B.S. Agriculture Industries 2009 STPL 6945 SC – in that case in para 12 the Hon’ble Supreme Court has held as under :-

“As a matter of law, the consumer forum must deal with the complaint on merit only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reason recorded in writing. In other words, it is the duty of the consumer Fora to take notice of section 24 A and give effect to it.

6.     In the present complaint the credit card account  of the complainant was settled by OP on 29.8.2009 for a sum of Rs.20,500/-.  The complainant applied for his housing loan with SBI in the year 2009, his requestion for loan was turned down by SBI on 24.7.2009, thereafter, no cause of action arose in filing the present complaint.  The complainant ought to have filed the present complaint within two years of the accrual of cause of action i.e. the denial of housing loan by SBI vide letter dt. 24.7.2009, which he failed to do so.  Moreover, the complainant had failed to place on record an application for condonation of delay. The complainant filed the present complaint on 5.5.2014 i.e.  beyond the period of two years of the accrual cause of action.

7.     In view of the above discussion and the judgment cited above,  we are of the considered opinion that the cause of action for filing the present complaint accrued vide letter dated 24.7.2009,  the present complaint was filed on 5/5/2014.  The complaint is barred by limitation, therefore, we find no merits in the present complaint, same is hereby dismissed.

 This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.  File be consigned to Record Room.

Announced in open Forum on 20/01/2020.

 

 

      (ARUN KUMAR ARYA)

  PRESIDENT

                                    (NIPUR CHANDNA)                                                 (H.M. VYAS)

                                         MEMBER                                                                MEMBER