Haryana

Karnal

CC/155/2016

Arun Kumar S/o Ashok Kumar - Complainant(s)

Versus

Ritesh Kumar, Bank Employes HDFC Bank - Opp.Party(s)

24 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                               Complaint No.155 of 2016

                                                               Date of instt.18.05.2016

                                                                Date of decision 24.05.2016

Arun Kumar son of Shri Ashok Kumar r/o village Fazilpur tehsil Indri District Karnal.

 

…………..Complainant

                                          Versus

1. Ritesh Kumar-Divya-Bank Employee-HDFC Bank, branch Kmani Chowk Yamuna Nagar. Mobile: 9996031751.

2. Bank Manager, Rachin Sayal-HDFC Bank, branch Kmani Chowk Yamuna Nagar. Mobile:9315874998.

3. Senior Branch Manager-HDFC Bank,  branch Kmani Chowk Yamuna Nagar 01732.

4. Head Office Lodha Excels 3^rd floor, Apolo Mills Compound N.M. Joshi Marg Mahalaxmi Mumbai-400011.

 

                                                                                ………… Opposite Parties.

                     Complaint u/s 12  of the Consumer Protection Act.

Before:         Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:       Complainant in person

 

ORDER

                   As per allegations of the complainant on 23.10.2013 he opened an account no.5010017890854 in Yamuna Nagar Branch of HDFC Bank. On the same day he wanted to deposit Rs. 5,00,000/- in Fixed Deposit and approached opposite party no.1 for that purpose, but instead of depositing the entire amount of Rs.5,00,000/- one Fixed Deposit Receipt he got prepared four Fixed Deposit Receipts of Rs.one lac each and handed over the same to him and obtained his signatures on a policy for an amount of Rs.95000/- without disclosing the details of the policy. He came to know about the said fraud when he went to the Bank for getting encashed Fixed Deposit of Rs.5,00,000/-. On 17.4.2015 the policy was handed over to him, according to which the term of the policy was seven years and annual premium was Rs.95000/-. He made complaint on toll free number as well as on consumer help line but no action was taken. Thereafter, he got registered the complaint with insurance Ombudsman, but that office also did not take any action.

2.                Complainant opened account and deposited the amount of Rs.4,00,000/- in Four separate Fixed Deposit Receipts of Rs.1,00,000/- each in HDFC Bank Yamuna Nagar. Opposite party no.1 also obtained his signatures in respect of policy premium of Rs.95,000/- there at Yamuna Nagar. No cause of action or part thereof had taken place within the jurisdiction of Karnal District. Therefore, District Consumer Disputes Redressal Forum, Karnal has no jurisdiction to entertain and decide the present complaint. In this regard reliance may be placed upon the judgment of Hon’ble Supreme Court in Sonic Surgical Versus National Insurance 2010(1) CLT page 252.

3.                In view of the foregoing circumstances, this Forum at Karnal has got no territorial jurisdiction to entertain and adjudicate the present complaint. Therefore, the complaint is dismissed for want of territorial jurisdiction. However, complainant shall be at liberty to file a fresh complaint before the appropriate forum having jurisdiction in the matter. File be consigned to the record room after due compliance.

Announced

Dated: 24.05.2016

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member