1)           Sri Aloke Ranjan Roy and

2)           Smt. Jayanti Roy   of

39C, Bose Pukur Road,

Kolkata-700042.                                                     ---------- Complainant

---Verses---

1)           The Branch Manager, HDFC Bank, Golpark,

132, A.M.N. Shah Sarani, Kolkata-700029.

2)           The Manager, Debt Management and

Legal Support Credit Cards,

HDFC Bank Card Division,

96, Anna Salari, Chennai-600002.                         ---------- Opposite Party

Present :  Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

Order No.   1 6    Dated  1 4 / 0 9 / 2 0 0  9  .

Complainant, Alok Ranjan Roy and his wife Joyanti Roy by filing a petition of complaint u/s 12 of the C.P. act, 1986 on 9.10.07 have prayed for refund of Rs.5153.26 along with interest @ 18% p.a. from 31.7.07 till full recovery and litigation cost and other reliefs as the complainants are entitled to.

          Fact of the case in short is that they opened a savings bank account jointly with ATM facilities being account no.0221000214285 at HDFC Bank, Golpark Branch, Kolkata-79 and after that complainant no.1 also opened a credit card account in his name with the same branch being credit card no.4346772001347870 on 18.6.05 the concerned authority of HDFC Bank Cards Division at Annasalai, Chennai-600602 sent two credit cards being no.5176351003079112 in the name of complainant no.1, but he never used the aforesaid credit cards for a single moment, annex-A. Surprisingly, on 30.3.07 o.p. no.2 the Manager, The Debt Management and Legal Support Credit Cards, HDFC Bank Credit Cards Division, Chennai-600002 sent a notice to the complainant no.1 asking him to pay a sum of Rs.4677.72 claiming his outstanding balance of the captioned credit cards accounts numbers as on 30.3.07 under the quotation of “Hold On Funds’ and it was also stated to pay the said amount within seven days from the date of receipt of the notice otherwise the amount shall be deducted from the HDFC savings bank account of the complainant, annex-B.

          On 11.4.07 complainant sent legal notices to the o.ps. through regd. post and the notices were duly accepted by the o.ps., annex-C & D.

          On receipt of such notices of the complainant, the o.ps. sent statement of accounts from 31.5.07 to 30.8.07 wherein it was shown that on 31.7.07 Rs.5153.26 was withdrawn by the o.ps. from the joint savings bank account (S.B. A/C no.0221000214285) under the statement of “Fund TRF-DN-4346772001347870 with a warning to maintain minimum average quarterly balance in the savings account of at least Rs.5000/-, otherwise Rs.750/- will be charged per quarter from the savings bank account balance, annex-E.  No written consent whatsoever was given by the complainants to the o.ps. to deduct any alleged claimed outstanding balance of credit card from the joint savings bank account of the complainants. Complainants accordingly, several times met with the branch office to settle disputes, but in vain. And ultimately the complainants were compelled to close their joint savings bank account no.0221000214285 and actually on 5.10.07 complainants closed the joint savings bank account and had withdrawn the entire balance amount and at the same date on 5.10.07 complainant no.1 terminated the credit card account no.4346772001347870 and submitted the destroyed cards before the concerned branch officer, annex-F & H. In view of this position, the complainants were compelled to file this case on service of lawyer’s notice with the aforesaid prayers.

          The o.ps. on 3.6.08 by filing a written statement have contested this case, denying interalia that the case is not maintainable in its present form and law. On 10.6.05 on the application of the complainants, the o.ps. issued a silver credit card in the name of complainant no.1 and an add on credit card in favour of his wife, complainant no.2 and the said credit cards were valid from June 2005 to June 2008. Along with the said credit cards the o.ps. made over two copies of the card-member agreement of the o.ps. containing the terms and conditions of issuance and use of the said credit cards and the terms and conditions are binding upon the complainants, annex-B of the o.ps. And the terms and conditions are laid down in annex-C and the statement made there under for the said two credit cards are marked (collectively), annex-D. According to the terms and conditions as on 30.3.07 a sum of Rs.4667.72 stood due to and payable by the complainants to the o.ps. on the basis of life time free value plus credit cards bearing no.4346772001347870. Since no payment was made the said credit cards were inactivated by the o.ps. from September 2006 and the o.ps. by notice dt.30.3.07 were constrained to note “suspended status of the credit cards and called upon the complainants to remit the aforesaid dues within seven days from the date of the receipt of the sum, failing which the o.ps. would constrain to debit the aforesaid sum and all sums falling due thereafter from the said account of the complainant no.1”, annex-E of the o.p. But the complainant instead of making payment of legal dues of the o.ps. sent a lawyer’s notice on 11.4.07 and refused and neglected to make payment on account of the said credit cards and as a result the o.ps. were constrained to debit Rs.5153.26 from the account of the complainant no.1 and in view of this position they have prayed for dismissal of the case.

          Decision with reasons :

          Admittedly the complainants opened the above referred savings bank account jointly with ATM facilities at HDFC Bank, Golpark, Kolkata-29. It also appears from annex-A that the complainants never used the credit card in question. On 30.3.07 o.p. no.1 sent a notice to the complainant no.1 asking him to pay Rs.4677.72 claiming as outstanding balance of the credit card in question under the quotation of “Hold on Funds” within seven days, annex-B. We have also perused the legal notices sent from the side of he complainants to the o.ps., annex-C. The notices were duly received by the o.ps., annex-D. We have also perused the statement of account for the period from 31.7.07 to 30.8.07 showing that on 31.7.07 Rs.5153.26 was withdrawn by the o.ps. from the joint savings account bearing no.0221000214285 with a warning to maintain minimum average quarterly balance in the savings account of at least Rs.5000/-, otherwise Rs.750/- will be charged per quarter from the savings account balance. Evidently therefore, said amount of Rs.5153.26 was withdrawn from the account in question on 31.7.07 by the o.p. The complainant on several dates viz. on 5.10.07 vide annex-F & G had persuaded the matter in writing with the o.ps. asking termination of his HDFC Bank Internal Credit Card bearing numbers as mentioned above.

          It is the specific case of the o.ps. as contained in their w/v that what they did with regard to claiming and deducting Rs.5153.26 on 31.7.07 is within the ambit of their jurisdiction as contained in the agreement. With respect to such withdrawal/deduction of money let us see the agreement itself under the heading Auto Debit, annex-D of the o.p. “if the customer has a current account or a savings account at any of our branches in India, the bank may at its sole discretion arrange to have any one of these accounts debited automatically every month on the customer’s  written request”. This being the provision, unfettered liberty is not given to the bank to debit arbitrarily from the account of any customer and more particularly in absence of any written request/consent of the customer. In the instant case there is no such written request either offered or given from the end of the customer in question viz. here the complainants. This being the position, it is surely and purely extreme arbitrary act on the part of the o.ps. which definitely warrants for he interference by court of law of competent jurisdiction viz. here the Consumer Forum. This being the position, we are of the candid opinion that the claim of the complainants cannot be defeated by the arbitrary act of the o.ps. which is nothing but a banking institution where the customers repose their confidence for fair and clear financial transaction. So the o.ps. are jointly of unfair trade practice.

          Hence,

                   Ordered,

          That the o.ps. are directed to pay Rs.5153.26 (Rupees five thousand one hundred fifty three and paise twenty six) only alongwith interest @ 18% p.a. from 31.7.07 till full realization and compensation of Rs.2000/- (Rupees two thousand) only and litigation cost of Rs.1000/- (Rupees one thousand) only positively within thirty days from the date of passing the judgment, failing which the complainant will be at liberty to execute the same by due process of law. Fees paid are correct.

          Supply copy of this order to the parties on payment of prescribed fees.

        ____Sd--________                                          ______Sd--______

          MEMBER                                                       PRESIDENT