Ld Advocates for the parties are present. Judgement is ready and pronounced in open Commission in 6 pages 3 separate sheet of paper.

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant case is that the Complainant is a permanent inhabitantof above mentioned address within this jurisdiction. The Complainant is a service holder of a private company, previously the Complainant was working as an insurance advisor at Reliance Life Insurance Company, Haldia Branch and at that time O.P. and his officer visited office of the Complainant and met with the Complainant, colleagues and so many persons and approached to open a bank account in his branch as Zero Balance Account category. The staff/ authorized person of the O.P. member met with the Complainant and other persons also encouraged all to open a bank account in O.P. branch. On request , Complainant agreed to open an account in O.P. bank and as per instruction of said person, the Complainant gave documents and signed some papers as well as prescribed form of O.P. to open savings bank account, at that time officer/authorized person of O.P. approached to sign several documents and papers for opening account and the Complainant signed everything on good faith as per instruction of O.P., but the Complainant did not signed any things to open any credit card etc. After signed prescribed form to open savings bank account by O.P, his authorized person  disclosed that if manager as well as officers of O.P. member after verification passed as well as accept to open bank account thereafter a feedback massage etc. would be sent to mobile and also all details regarding bank account must be sent by letter to the Complainant through registered post/process at permanent residential address of the Complainant. After long days passed no information was sent to the Complainant by the O.P. and the Complainant visited to the office of O.P for enquiry but he as well as his staff did not supply any information regarding account opening of the Complainant and the Complainant seemed that form and documents of Complainant for opening account as Zero Balance Account category are not accepted by the O.P, because O.P members or his person neither sent any letter/massage nor informed to the Complainant. The Complainant for his better job he joined as an employee at finance company namely “India Bulls Consumer Finance Ltd.” Haldia Branch. The Complainant had opened a bank account at O.P’s branch at Haldia by instruction from the said employer Financial Institution, for receiving salary of the Complainant, which is also treated as a Salary A/c as like others colleagues at branch of O.P. The Complainant  opened a salary account at O.P HDFC Bank Haldia Branch, bearing A/C No. 50100275674594. After some days from the opening of said salary account, employer had given salary of Rs. 15,845/- + incentive to the Complainant through said salary account and same was credited to the salary account for the Complainant.For the necessity of maintaining his family and life of the Complainant when he tried to withdrawhis salary, unfortunately he could not withdraw the salary, and thereafter he came to know without any information illegally salary has been held by O.P. the Complainant asked the reason of holding regarding operation of Complainant’s salary account. The .O.P. disclosed that one credit card has been issued in the name of the Complainant and he also disclosed that outstanding amount of said credit card is more than Rs. 2,00,000/- and he also demanded Rs. 92,500/- for settlement, so he held the salary account of the Complainant. After enquiry regarding holding of salary account by O.P. the Complainant first time came to know about the so-called credit card which has been issued in the name of the Complainant and also abused said card by someone. The O.P. HDFC Haldia Branch or credit card authority illegally, unlawfully, by way of misrepresentation or otherwise may be issued said so-called credit card in the name of the Complainant but no connection with said credit card. The Complainant has never applied for credit card to O.P member but said so-called Credit Card was issued by O.P or his staff/person and done illegal and unlawful act for which O.P is fully liable and responsible. The Complainant’s mobile number is 9733550717 but never got any SMS regarding account opening or otherwise any information of bank. Also never come any letter of registered or any consignment about the same. The Complainant has never applied for credit card to O.P. member or not delivered any credit card by any authority to the Complainant or the Complainant never received any credit card from any authority or from the O.P. also never any information received from the O.P or other authority regarding credit card and no question arise regarding use of credit card by the Complainant, O.P abuse and misused the good faith of the Complainant. After came to knowledge of the Complainant regarding said matter he  demanded from O.P details of credit card, whole information and request to take legal action against main culprit who has done such types of activity but it is a great regret that O.P did not supply any information to the Complainant and did not take any proper steps to investigation the matter also he illegally, unlawfully hold the salary account of the Complainant. Which is bad in law, O.P knowing fully, intentionally, deliberately and willfully held the salary account of the Complainant and did not take any proper steps. The Complainant compelled to file objection before O.P, grievance cell, consumer help line bearing HDFC query reference NO.-09749411, HDFC complain No. -058-387-487, National Consumer Helpline Complain No.-1353523, but in vain. The Complainant came to know by help of online searching through “Paisa Bazar. Com” that, O.P or his credit card authority issued alleged credit card sent to another address and the Complainant also came to know the address is “Ghorai Trading Concern’ Haldia and use the name of the Complainant. The Complainant also came to know that said alleged credit card used by someone from 12.11.2011 to 22.11.2011. The Complainant have/had no relation with the so-called credit card as well as said illegal transaction, so O.P have no right to hold the salary account of the Complainant also O.P failed to protect customer and his documents. Several times requested by the Complainant to O.P but he did not uphold the salary account for withdrawal salary amount from salary account of the Complainant and lastly save the family he compelled to mortgage his and others family member’s gold ornaments to the SBI bank and received a gold loan for livelihood and for that O.P is fully liable and responsible. After several reminder and request to O.P member to solve the matter but in vain. O.P. intentionally, deliberately, grossly neglected to save their consumer and for that he is fully liable and responsible. It is great regretting that, O.P. intentionally, deliberately, afterthought by ill intention and ill motive illegally demand from the Complainant and hold the money. The demanding of said amount from the Complainant by the O.P is fully baseless, illegal, unlawful and bad in law; no such payment was due from the Complainant. The Complainant not only did not use the credit card for a single time also till today did not see the same by his own eyes, so no such dues towards pending to the O.P. or other authority, after several demand on several occasion O.P did not supplied any information. The Complainant on several occasions requested to the O.P. to return back any previous documents and as usual the salary account of the Complainant but no fruitful result comes out from O.P’s side, till now did not take any proper steps regarding said matter, only O.P harass the Complainant day to day. Owing to said occurrence complainant has been suffering a lot of mental pain and agony and financial crisis. The Complainant submits that, the OP is not interested to solve the problems which has caused grave mental pain and untold hardship to the Complainant for which O.P. is responsible and liable. The cause of action arose of this case on and from 26.05.2020 and 02.12.2020 accordingly.  Under such circumstances the Complainant humbly prays forpassing necessary order for allowing to withdrawal of money from salary account, for returning the KYC which were taken from the Complainant for opening zero balance account, for compensation of harassment, mental pain and agony etc. of Rs. 20,000/-, for litigation cost of Rs. 10,000/- for other reliefs as the Complainant is entitle to get as per law and equity.

Notice was duly served upon the op. The op has resisted the claim of the complainant by filing a Written version thereto. The epitome of the written version of the op can be narrated as follows: The instant case is not maintainable in its present form and in law. According to op after proper verification of KYC the op issued a Titanium Credit Card with a limit of 60.000/-; it was opened on29.10.2011. It is mentioned that in the statement dated 08.12.2011 pertaining to the first month of usage of the said Credit Card by the Complainant herein that the Card was extensively used for various transactions and the total due amount was Ra. 65,630.21 at the end of statement period. Thus, on the every first month the customer had transgressed the contractual boundaries by over using the credit limit of the said Credit Card.  The Complainant herein did not pay a single penny for the statement months of January 2012, February 2012 and March 2012. Only in the monthly statement dated  08.05.2021 did he pay Rs. 3500 via ATM out of total dues of Rs. 72,707.79. Thereafter on 29.05.2012 the comp0lainant herein paid another Rs. 3500/- which would reflect in the statement dated 08.06.2012. Thus the Complainant herein in the total tenure of his Credit Card account had paid only twice and never ever did he make any payment. After making the said payments through ATM Fund Transfer the complainant cannot later claim that the particular card is not availed or utilized by him. It is clear from the statement of account of the complainant that he failed to make due payment against the total monthly outstanding but was initiated only according to his own whims and will. It is here by submitted the monthly statement of account was issued to the Complainant’s registered address GHORAI TRADING CONCERN, RAJRAMPUR P.O. SIBRAM NAGAR, P.S. SUTAHATA HALDIA, PURBA MEDINIPUR, WB, 721635, via which he was well aware of the outstanding lying in his card account. In spite of same the complainant intentionally evaded the payment due to which applicable charges and interest got accumulated in the card account. In spite of several reminders and issuance demand notices from the O.P bank the complainant failed to make any payments in the card account as on date. As such the Opposite party being a Banking Sector faced huge loss. As a matter of fact on 31.10.2012, the said credit card account was charged off. Thereafter the Complainant herein again applied for another Savings Salary Account on 16.02.2019 before the Opposite Party and at the time of submission of application form, he submitted his PAN Card vide No. APPPJ2222K and Voter Identity Card vide EPIC No. CMF2331171 for KYC. The Account Opening Form along with KYC is annexed herewith and marked as Annexure “D”. Accordingly the said account was opened being account number ‘5010xxxxxx4594’. Thereafter it came to the knowledge of the answering opposite party Bank that the Complainant herein in an old customer who had huge dues in Credit Card account unpaid and the Opposite Party took steps according to banking norms. It is hereby submitted due to continuous non-payment of card dues the card was permanently suspended from further usage on 31.10.2012 and the outstanding lying on the account was Rs., 22,444064. In spite of the said suspension there was no payment initiated by the complainant towards the card outstanding hence the Opposite Party Bank was later constrained to exercise Banker’s right of lien and set off under Section 171 of the Indian Contract Act, 1872. The card member agreement and MITC also clearly bestows upon the Bank and right to use Banker’s right of lien and west off. The answering opposite party Bank has issued notices on 4 occasions dated 30.03.2019, 30.04.2019, 30.05.2019 and 30.06.2019 and marked hold on the savings account being ‘5010xxxxxxx4594. The details of the notices along with postal receipt number is detailed herein below.

19-July-2019   Insufficient Fund   22444.64    22444.64.

Also on 19.07.2019 another hold was marked in the said account but due to insufficient balance to make set off, notice is yet to be sent. By way of marking hold, the Opposite party Bank had set off some part of the dues and an amount of Rs. 22444.64 had remained due and payable as of July 2019. Hence according to the op the instant case is liable to be dismissed.

Points for determination are:

1. Is the case maintainable in its present form and in law?        

2.   Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused and assessed the complaint on affidavit of the complainant, written version filed by ops, evidence of both parties, and other documents.

We have given thoughtful consideration of the rival arguments of Ld Advocates for both parties.

Having regards had to the facts and circumstances of the case and evidence on record, it is evident thatthere is no dispute with regard to existence of the Bank account of the complainant with the op. It is also an admitted fact that the concerned account has been kept on hold by the op,  the complainant being a consumer has alleged deficiency in service against the op bank ; the bundle of facts indicate that this case is maintainable in its present form and in law.

On scanning and evaluation of the evidence, it appears that the complainant has alleged on oath that the Complainanthas deposed that The Complainant  opened a salary account at O.P HDFC Bank Haldia Branch, bearing A/C No. 50100275674594. After some days from the opening of said salary account, employer had given salary of Rs. 15,845/- + incentive to the Complainant through said salary account and same was credited to the salary account for the Complainant. For the necessity of maintaining his family and life of the Complainant when he tried to withdraw his salary, unfortunately he could not withdraw the salary, and thereafter he came to know without any information illegally salary has been held by O.P. the Complainant asked the reason of holding regarding operation of Complainant’s salary account. The .O.P. disclosed that one credit card has been issued in the name of the Complainant and he also disclosed that outstanding amount of said credit card is more than Rs. 2,00,000/- and he also demanded Rs. 92,500/- for settlement, so he held the salary account of the Complainant. After enquiry regarding holding of salary account by O.P. the Complainant first time came to know about the so-called credit card which has been issued in the name of the Complainant and also abused said card by someone. The O.P. HDFC Haldia Branch or credit card authority illegally, unlawfully, by way of misrepresentation or otherwise may be issued said so-called credit card in the name of the Complainant but no connection with said credit card. The Complainant has never applied for credit card to O.P member but said so-called Credit Card was issued by O.P or his staff/person and done illegal and unlawful act for which O.P is fully liable and responsible.

On the other hand op has put forth questionnaire to the complainant basing on the case of the op as mentioned in the written version. In reply to that complainant has simply denied the raised question. Annexure-B is a CreditBrochure. It shows that it bears the address GHORAI TRADING CONCERN, RAJRAMPUR P.O. SIBRAM NAGAR, P.S. SUTAHATA HALDIA, PURBA MEDINIPUR, WB, 721635and signature of the complainant.Annexure-A ,the account opening form bears the Mailing address asGHORAI TRADING CONCERN, RAJRAMPUR P.O. SIBRAM NAGAR, P.S. SUTAHATA HALDIA, PURBA MEDINIPUR, WB, 721635and thename of one KakaliGhorai as proprietor introducer. The op has contended that complainant has paid twice each of Rs. 3500/- in the credit of Credit Card account. The complainant has not controverted the said version of the op on oath.  The complainant has not  filedconcerned passbook detailedhaving debit card for making payment through ATM. It has been asserted by the op that said KakaliGhorai is employer of the complainant. This version is also not satisfactorily answered , it  is also not explained in what capacity she introduced the complainant in the op Bank. The complainant does not deny the signatures on bank account opening form and Credit Card issuing form. He simply  asserts that men of op obtained signatures of complainant on the Credit Card issuing form on good faith and contents were filled in up at the wish or by the men of op. All the forms where the complainant put his signatures are printed inlegible scripts. The complainant is not an illiterate person. He has also the knowledge about Paisa Bazar.com. So,  it can not be  believed that he was not aware of the fact that the address  which is appearing in the form as GHORAI TRADING CONCERN, RAJRAMPUR P.O. SIBRAM NAGAR, P.S. SUTAHATA HALDIA, PURBA MEDINIPUR, WB, 721635 was not within the knowledge of the op. The Credit Card documents bear this address. It can also  not be accepted that  the Complainant has never applied for credit card to O.P member. It appears that the complainant has suppressed some facts regarding use of the Credit Card. After admitting the signatures, the complainant can not disown his liability regarding operation of concerned Credit Card. The reasonis  best known to the complainant as to why any relief regarding Credit Card has not been specifically sought for in the prayer portion of the complaint. The complainant has failed to prove his case as alleged against op. The ingredients of deficiency of service or unfair trade practice as against op have not been proved at all .The complainant is not entitled to get any relief in this case.

Both the points are disposed of accordingly.

         Thus, the case does not succeed.

Hence, it is

O R D E R E D

That CC/07 of 2021 be and the same is dismissed  on contest. No order as to costs is passed.

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