Haryana

StateCommission

RP/13/2017

HDFC BANK LTD. - Complainant(s)

Versus

SOHAN LAL KAMBOJ - Opp.Party(s)

SUNIL NARANG

19 Apr 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No:   13 of 2017

Date of Institution:       09.02.2017

Date of Decision :       19.04.2017

 

HDFC Bank Limited through its Branch Manager, HUDA Area Branch, Sector-8, Karnal.

                                      Petitioner-Opposite Party

Versus

 

Sohan Lal Kamboj s/o Sh. Gujjar Mal, Resident of House No.2231, Gali Daftar Wali, Kartarpur, District Jallandhar.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Shri Sunil Narang, Advocate for petitioner.

                             Respondent-Sohan Lal Kamboj in person.

 

                                                   O R D E R

NAWAB SINGH J.(ORAL)

 

       This revision petition has been preferred against the order dated December 16^th, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘the District Forum’), whereby application filed by  HDFC Bank Limited-Opposite Party/petitioner (hereinafter referred to as ‘the petitioner bank’) for dismissal of the complaint on the ground of limitation, was dismissed.

2.                Brij Mohan (since deceased)-son of Sohan Lal Kamboj-complainant/respondent, was maintaining two current accounts with the petitioner bank. He died on March 2^nd, 2001. On the date of death, the balance amount in the accounts of the deceased was Rs.8,49,121.28 (7,37,000.74+1,12,117.54). After obtaining Succession Certificate from the court on 5^th May, 2009, the complainant approached the petitioner bank for withdrawal of the amount. The bank paid the amount of Rs. 8,49,121.28 (737000.74+112117.54) to the complainant through cheques, on 24^th July, 2009, but did not pay any interest for the period March 2^nd, 2001 to July 24^th, 2009, that is, from the date of death till the date of payment. The complainant being an old aged person of about 90 years was not aware about it. In the month of May, 2013 the complainant came to know that the interest was not paid to him at the time of withdrawal of the amount. He approached the petitioner bank to pay the amount of interest but to no avail. He filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

3.                The petitioner bank filed an application (Annexure RP-2) taking plea that the complaint was filed beyond the period of limitation and the same be dismissed.

4.                Indisputably, on the date of death of the deceased, that is, March 2^nd, 2001, there was balance of Rs.8,49,121.28 (737000.74+ 112117.54) in the accounts of the deceased. It is also not in dispute that the above said amount was paid to the complainant on 24^th July, 2009 without any interest for the period March 2^nd, 2001 to 24^th July, 2009. The amount of interest is still lying with the petitioner bank. This being so, the complainant has a recurring cause of action to file complaint and it cannot be said that the complaint filed by the complainant is barred by limitation. The District Forum has rightly dismissed the application.

5.                 In view of the above, the revision petition fails and is dismissed.

 

 

Announced: 19.04.2017

Diwan Singh Chauhan Member

Nawab Singh President

CL