NCDRC

NCDRC

RP/69/2010

HDFC BANK LTD. - Complainant(s)

Versus

SRIDHAR VANA KAKUMANU - Opp.Party(s)

MR. RISHAB RAJ JAIN

31 Oct 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 69 OF 2010
 
(Against the Order dated 09/10/2009 in Appeal No. 638/2009 of the State Commission Karnataka)
1. HDFC BANK LTD.
HDFC Bank House, Senapati Bapat Marg
Lower Parel (West)
Mumbai 400013
...........Petitioner(s)
Versus 
1. SRIDHAR VANA KAKUMANU
R/o. 80 & 81, EPIP Area,
Whitefiled, Phase-2
Bangalore
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Rishab Raj Jain, Advocate with
Mr. Sharique Hussain, Advocate,
Mr. Sourav Bajaj, Advocate and
Mr. Rahul Upadhyaya, Net Banking Product Manager
For the Respondent :
Mr. Sanjay Kumar Pathak, Advocate

Dated : 31 Oct 2014
ORDER

A pay order of Rs.44,000/- was handed over to the learned counsel for the respondent on the last date of hearing. The balance amount, in question, is only Rs.14,520/-. The aforesaid amount was transferred from the account of the complainant to the account of one Mr. Yash Tamrakar, through the online banking system of the petitioner-bank. The petitioner-bank, on receipt of complaint from the complainant before us froze the account of Mr. Yash Tamrakar in which the aforesaid amount of Rs.14,520/- was credited. Being aggrieved from the bank freezing his account he preferred a complaint before the concerned District Forum. The complaint was resisted by the bank inter alia on the ground that the aforesaid amount of Rs.14,520/- had been illegally credited to the account of Mr. Yash Tamrakar. The complaint was dismissed by the District Forum. Being aggrieved from the dismissal of his complaint                         Mr. Yash Tamrakar preferred an appeal before the concerned State Commission. The State Commission vide its order dated 28-05-2009, allowed the appeal to the extent that the bank was directed to defreeze the account after retaining the aforesaid amount of Rs.14,520/-.

2.      A perusal of the complaint filed by Mr. Yash Tamrakar would show that he even did not claim that the aforesaid amount of Rs.14,520/- had been validly transferred to his account from the account of the complainant-Sridhar Vana Kakumanu. His grievance was that merely on account of a wrongful credit the entire account could not have been frozen by the bank. Thus, it is evident that Mr. Yash Tamrakar does not claim ownership in the aforesaid amount of Rs.14,520/-.

3.      The cheque for the principal amount of Rs.14,520/- has been handed over to the learned counsel for the respondent today before us. The learned counsel for the petitioner-bank states that interest @9% per annum, from the date of complaint till payment, in terms of the order of the State Commission shall be paid within four weeks from today. In the facts and circumstances of the case, we find no justification to interfere with the direction given by the State Commission for payment of cost of litigation amounting to Rs.10,000/-, to the complainant. The cost shall also be paid to the complainant along with interest computed in terms of this order. However, there shall be no order as to cost before this Commission.

          It is made clear that the petitioner-bank shall be entitled to debit the bank account of the concerned beneficiaries to the extent the amount is paid to the complainant before us. The cheque for the entire amount payable to the complainant in terms of this order shall be handed over to his father at ITPL Branch, Whitefield, Bangalore of the petitioner-bank. The revision petition stands disposed of accordingly.

          A copy of this order be given dasti to the parties.

 
......................J
V.K. JAIN
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.