SRI SWADES RANJAN RAY, PRESIDENT,

The case has been filed by the complainant against the OPs.  HDFC Bank and its officers.

The case of the complainant is that the complainant has a Savings Account with the Op no. 1 bank being A/C no. 22781050000890. The Op Bank proposed the complainant for accepting a Credit Card  and sent the Credit Card (05/17-05/20) by post  but in the said credit card name of the complainant had been scribed as Sanjib Jana, in stead of Sanjit Bera.  The complainant informed the matter to the Ops but the Ops did not take any steps to that effect. Without  getting the new corrected Credit Card the complainant received a call from the Credit Card Division  that a policy has been started against the said credit and the premium is due to it  without any intimation of issuance of any policy against the said credit card. After few days the complainant’s A/C showed debit of Rs. 7833/-and Rs. 1604/- from his Account in the bank. The complainant wrote to the bank authority by letter dated 20.02.2018  for consideration of the fact and for refund of the debited amount in his A/C. but the bank did not get any relief to the complainant.  

Hence, this case with the prayer as made in the complainant.

Summons was duly sent issued upon the Ops but none of them  appeared to contest the complaint case. So the case is heard ex parte against both the Ops and is taken up for  ex parte order.

The points need be considered here is (1) whether the case is maintainable and (2) whether the complainant is entitled to get the reliefs as prayed for.

                                                  DECISION WITH REASONS.

Both the points are taken up together for discussion for the sake of convenience and brevity.

Perused the complaint and the documents filed by the complainant in support of his case very carefully and heard the submission of the ld. Advocates for the parties. Considered.

On a careful scrutiny of the bank pass book produced by the complainant it is found that a sum of Rs. 7033.61 and Rs. 1604.85 have been debited from the A/C of the complainant on 02.02.2018 but on which account it has been debited is not clear. The complainant has averred that he did not have any insurance policy. So it is established by the complainant that  the amount has been debited erroneously.

Next on perusal of the Debit Card issued by the OP Bank in favour of the complainant it appears that name of the complainant has been scripted as “Sanjit Jana “ instead of “Sanjib Bera” which, in opinion is a palpable mistake. It is the case of the complainant that he had made several representations for correction of his name but the bank did not care for the correction.

The Ops had ample opportunity to contest the averments made in the complainant but they did not avail the chance.

Thus on going through the written complaint, the documents and hearing the arguments placed by the Ld. Advocate for the complainant before this Forum I am of the firm belief that the complainant has proved his case ex parte against both the Ops.

Both the points are answered accordingly.   

Hence, it is

O R D E R E D

That CC No. 511 of 2018 be and the same is allowed ex parte  against both the OPs

The OPs, the HDFC Bank Ltd. is directed to credit the sum of Rs. 9438/- in the account of the complainant with usual bank interest from 02.02.2018 till the date of credit of the same, as above, within one month from the date of this order and the OP no.2 is directed to issue fresh Debit card in the name of the complainant, if he intends for such debit Card.

The complainant is also entitled to get Rs.1000/-for mental agony and Rs. 1000/- for litigation cost.

In default of compliance of the above order within the stipulated period, the complainant will be at liberty to execute the same as per procedure.

Let copy of this judgment be supplied to the parties free of cost.