Orissa

Rayagada

CC/53/2016

Kanchan Mohana - Complainant(s)

Versus

The Branch Manager, HDFC. bANK - Opp.Party(s)

Self

15 Nov 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 53 / 2016.                                         Date.        15.    11   . 2017.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President

Sri GadadharaSahu, .                                                 Member.

Smt.  Padmalaya  Mishra,                                Member

Sri Kanchan Mohana, W/O: Kishore  Kumar Mohana, Rohit colony,  Po/Dist.Rayagada,State:  Odisha.                                                                                                                                                                                                                                                                             …….Complainant

Vrs.

1.The Branch Manager, H.D.F.C bank Ltd., Po/Dist.Rayagada,State:  Odisha.

2.The Sr. Manager, HDFC Bank Ltd., SEnapati Bapat Margi, Lower Parcel (West), Mumbai- 400 013.                                                                                                                           .…..Opp.Parties

Counsel for the parties:                                 

For the complainant: - Self

For the O.Ps :-. Set exparte

                                                          J u d g e m e n t.

          The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non refund of amount a sum of Rs.1,00,000/- withdrawn fraudulently  from the S.B.  Account.  The brief facts of the case  has summarised here under.

1.       The complainant  was having  account No. 28211870001134 with H.D.F.C. bank and she has opened the account on Dt.17.7.2013. The O.P. has also  provided   her the facility to draw the money through  any A.T.M.  operated by the said  bank and also by the other bank  and the amount is in  trust with the bank and the complainant. Some body other than the complainant has withdrawn a sum of Rs. 30,000/- from the her account  at Bhubaneswar on Dt. 21.12.2015 and there is no message of such withdrawal from the side of the bank. The fact was  informed immediately   to the bank  by the complainant. To her utter surprise on Dt. 13.1.2016 another sum of Rs.40,000/- was withdrawn from her account and even then there is no message of such  withdrawal from the bank and this fact was also brought to the notice of the bank.  Again on Dt. 25.1.2016 a sum of Rs. 20,000/- was withdrawn from the account   without her knowledge. The complainant has lost a sum of Rs.1,00,000.00 by  such fradualent transaction made by some one else and the O.Ps even  on giving such information  has not taken any such precautions not to repeat such things in future rather repeatedly such things  happened  in different dates. The bank has received complaints from the complainant  on Dt. 5.2.2016  in the  phone No. 99370-03333 but no action  taken by the O.P till date. Hence this case filed by the complainant before the forum  for redressal of her  grievance  and  prays the forum to enquire into the  matter and direct the O.P  for refund of the amount of Rs.1,00,000/- withdrawn fraudulently and  such other relief as the hon’ble forum  deems fit and proper for the best interest of justice.

          On being noticed the O.P. appeared through their learned counsel and took adjournments. Then the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  15 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around one year  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

                                                Findings.

During the course of exparte hearing  the complainant  annexed  certain documents such as   affidavit,  bank pass book  Xerox copies   bearing No.28211870001134  issued by the Bank  in favour of the complainant.

After carefully examining the evidence on record, we find no cogent reason  to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence  tendered by the complainant clearly tends support and absolute corroboration   to  the evidence.  

In absence of any rebuttal materials from the side  of   O.Ps  there is no reason to disbelieve the evidence put forth  by the  complainant  before the forum  whose evidence  suffers from no infirmity. The evidence adduced by the complainant  clearly leads us to arrive at a just conclusion that there is not only deficiency  in service  but also negligence  on the part of the O.Ps  in not   crediting the amounts  fraudulent transaction  made by  some one else and the bank authority   as per the  provisions laid down under section 14 of the  C.P. Act.

On careful analysis   of the evidence on record both oral and documentary, we are clearly of the opinion  that  inspite of doing the needful, the O.Ps are failed to redress the grievances of the complaint which amounts to  deficiency in service  as a result the complainant was constrained  to file this complaint before the forum claiming the relief as sought for.  In that view  of the matter the O.Ps are jointly and severally liable.

              On perusal of the pass book  it is revealed that  transactions  on Dt.21.12.2015 Rs. 30,000/- , on Dt. 13.1.2016 Rs.40,000/- and on Dt.25.1.2016 Rs.20,000/-  total  amount a sum of Rs.90,000/- were withdrawn from the account of the complainant without consent, using  ATM card by the complainant. Further it is observed  the above transactions were made by  a third person to the knowledge of the bank and no message of such transactions were given to the complainant  by  the  O.P.  in order to conceal such transaction .Again  it is  observed  that   only after verifying  the account statement it could be noticed by  the complainant.    After receipt of the grievances, no action has been taken by the said O.Ps in ensuring non refund of amount a sum of Rs.1,00,000/- withdrawn fraudulently  from the S.B.  Account as alleged. Not responding to the grievance of a genuine consumer amounts to deficiency in service and in that line we hold that all the parties  are jointly and severally liable.

            Hence to meet  the  ends  of  justice,  the following   order is  passed.

                                                            ORDER.

            In the result with these observations, findings  the complaint petition is allowed in part  on exparte against  the O.Ps

                The O.Ps. are  ordered to  refund  amount a sum of Rs.90,000/- to the complainant  with  usual  Savings  bank  account  interest from the date of  respective fraudulently  withdrawn till realisation.

The  O.Ps are ordered to pay compensation  jointly and severally a sum of Rs.10,000/- to the complainant for negligence and deficiency in service  and for mental  agony, harassment  and further  to  pay Rs.1,000/- towards  litigation  expenses.

            We therefore issued a “Cease and Desist” order against the O.Ps. directing  him to stop such a practice  forthwith and not to repeat in future. 

            The O.Ps are  ordered to comply the above direction within one month from the date of  receipt of this order. Service the copies of the order to the parties.

Dictated and corrected by me

Pronounced on this   15th. day of   November, 2017.

 

MEMBER.                                MEMBER.                                                        PRESIDENT.

Documents relied upon:-

By the complainant.

1. Xerox copies of pass book  bearing  No. 28211870001134.

   By the O.P                                     Nil.