Orissa

Cuttak

CC/35/2015

Sanjay Kumar Das - Complainant(s)

Versus

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

J Gupta

20 Jan 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.35/2015

 

Sanjay Kumar Das,

S/O:Kasinath Das,

At present:Telecom Qrs. No.4,Type-III,

Block-2,Mahanadivihar,

PO:Nayabazar,Cuttack-4.                                                           … Complainant.

 

                Vrs.

 

The Branch Manager,

H.D.F.C.Bank,Branch Office,

At:Bajrakabati Road,Cuttack-753001.                                      … Opp. Party.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   23.03.2015

Date of Order: 20.01.2017.

 

For the complainant: Sri J.Gupta,Advocate & Associates.

For O.Ps(O.P.1,2 & 3) : Sri D.P.Tripathy,Advocate & Associates.

 

Sri Bichitra Nanda Tripathy,Member.

                The complaint is against the O.Ps for deficiency in service.

1. In nutshell the complaint is as follows:-

The complainant had opened one S.B. Account vide No.02361140016929 with the O.P. Bank on 6.6.2013.  Although there was a balance of Rs.32,229.07p in the said Account as on 26.01.2015 the  same  balance was subsequently shown by the O.P Bank as nil(Annexure-1).  For such an act of the O.P Bank the petitioner could not draw such amount at the time of need, even if he intimated the matter to the O.P Bank.  The O.P Bank did not rectify the balance of his S.B.Account for which the complainant served an advocate’s notice on the O.P. on 6.2.2015(Annexure-2) but it yielded no result.  Finding no other way the complainant has taken shelter of this Hon’ble Forum.  He has prayed to get back his balance amount of the S.B. Account i.e. Rs.32,229.07, interest from 1.7.2014 to 26.1.2015 amounting to  Rs.1500/- cost of litigation amounting to Rs.1800/- compensation for not being able to withdraw his own deposit amount and for mental agony amounting to Rs.35,000/-.  Thus he has claimed a total sum of Rs.70,529,.07p.

2.  The O.P. Bank vide their written brief dt.3.3.2016 had intimated that the complainant had availed a credit card bearing No.5289451000583556 with a credit limit of Rs.10,000/-. The complainant used the credit card and a sum of Rs.4,48,293.17p is payable by the complainant as on date.  The complainant was aware that his deposit amount was withheld for non-payment of his credit card dues.  The complainant was intimated through registered post with A.D to clear up his dues.  The account of the complainant was charged with banker lien which was well within the right of the O.P Bank to exercise the right of Banker’s lien and set-off. 
3. We have gone through the case in details, heard the learned advocates of both the parties in length, perused minutely the documents/papers as submitted by the complainant and as well as by the O.P and have observed as follows:-

From the statement of accounts as obtained by the complainant from the O.P Ban k the following details are available. Address of the complainant is given as Mr. Sanjay Kumar Das,Mahanadi Vihar Colony part, Town:Cuttack Sadar, P.S:Chauliaiganj,Cuttack-753004.  The account was opened with Bajrakabati Branch (Branch Code-236), Cuttack on 6.6.2013 vide No.02361140016929, The customer I.D of the complainant was 48809740.  The balance available in the said account was Rs.32,229.07p as on 26.01.2015.  From the documents filed by the O.P on 15.1.2016 it was learnt that the address of the complainant was shown as Sanjay Kumar Das,C-25,II Floor,East Uttam Nagar,NR Pali Factory,New Delhi NDH-110059 as per the notice issued by the legal Manger of the O.P Bank on 23.01.2015 and on 31.03.2015.  A sum of Rs.1,43,308.63p was the write-off balance for the credit card No.5289451000583456.  From the credit card statement as submitted by the O.P. Bank for the period from January,2008 to December,2008 it was learnt that a sum of Rs.1,50,000/- was the credit limit for credit card No.5289451000583456 in the name of Sanjay Kumar Das.  From the credit card statement as submitted by the O.P Bank for the period from April,2006 to December,2007 it is learnt that a sum of Rs.10,000/- was the credit limit vide credit card No.4346771009857013 in the name of Sanjay Kumar Das.  Since the statements for this card is not given by the O.P. Bank, w.e.f. January,2008 onwards, we presume this account was closed.  The Bank has exercised the Bankers lien and Right to setoff” to the extent of the outstanding balance in the caption credit card of the complainant.  On 23.1.2015 a sum of Rs.32,229.07p i.e. the balance available in the account of the complainant was fully adjusted by the Bank towards part payment of the said credit card account.  On 31.3.2015 a further sum of Rs.622/- was also adjusted by the Bank towards part payment of the said credit card account.  Since the Balance existing in the Bank account of the complainant was Rs.32,229.07p and the same balance was adjusted on 23.01.2015, we presume the further sum of ‘Rs.622/- as adjusted on 31.3.2015 was towards interest payable by the Bank to the complainant as on 31.3.2015 because interest in the said account was paid for the last time on 01.10.2014 (till 30.9.2014) and next half yearly interest was due for payment as on 31.3.2015.  Thus the Bank has adjusted a sum of Rs.32,229.07p + Rs.622.00p= Rs.32,851.07 in total from the account of the complainant towards the outstanding balance of the said credit card.  From the declaration given by the customer Sr. Sanjay Kumar Das while availing such credit card it is learnt that the credit limit was applied by Sri Sanjay Kumar Das for silver card for Rs.10,000/-(As per the documents as submitted by the O.P).  In the next sheet of such document as submitted by the O.P., the date of birth of Mr. Sanjay Kumar Das is given as 29.06.1973.  The account no. is stated as 1321000055096 whereas the customer I.D was 5130826. The date of birth of the complainant Sri Sanjay Kumar Das is 16.06.1977 as per his H.S.C certificate/PAN Card as filed by the complainant whereas the O.P. Bank has shown his date of birth as 29.06.1973.  The same date is also given as per the copy of D.L as submitted by the O.P and said to be of the complainant.  The father of the complainant as per his H.S.C certificate/PAN Card is Kashinath Das whereas the same is shown as K.B.Das as per the copy of D.L as submitted by the O.P. The complainant’s credit card No. is 5242160001513927 as per his written brief dt.7.12.2016 and as per copy of the said credit card submitted by the complainant against which no outstanding is shown by the Bank.  The Bank has shown outstanding against credit card No.5289451000583456 as per legal notice issued by the Bank to one Sanjay Kumar Das,New Delhi. The complainant has opened an account with Cuttack Branch of HDFC Bank whereas the Bank has furnished details of Account which relates to its Palam Branch, Delhi.  The account No. of the complainant at Bajrakabati Road,Cuttack was 02361140016929. The date of account opened by the complainant is 6.6.2013 and his customer I.D was 48809740.  The No.  of credit card issued to the complainant was 5242160001513927 whereas the credit against which the claim is made by the Bank is 52894515000583456 where the Customer I.D was 5130826 and the account no. was 1321000055096  with Palam Branch,Delhi as learnt from the papers/documents as submitted by the complainant and as well by the O.P. Bank.

4.  Thus basing on the facts and circumstances as stated above, we observe that the Bank has    wrongly co-related some other account with the account related to the complainant for the reasons best known to the Bank.  The complainant has opened his account with HDFC Bank at Cuttack on 6.6.2013, his date of birth is 16.6.1977 and his father’s name is Kashinath Das and the O.P Bank has produced records of some other person whose name is same as that of the complainant i.e. Sanjay Kumar Das but his date of birth, father’s name etc., are different from that of the complainant and the said account relates to Delhi with a different customer I.D. The O.P Bank has failed to prove that both the accounts belong to the complainant Sri Sanjay Kumar Das.  Thus we conclude that both the accounts are of different person and the bank has illegally adjusted the balance outstanding in the S.B. Account of the complainant towards the loan outstanding against some other person without any just cause. Such an casual and careless attitude of the Bank is against interest of the complainant and is also highly irregular.

5. Thus to meet the ends of justice, we allow the case against the O.P Bank.

                                                                                ORDER

                The O.P. Bank will refund a sum of Rs.32,229.07p to the complainant towards the balance existing in the complainant’s account as on 10.1.2015 and interest payable as on 31.3.2015 amounting to Rs.622/-.   Thus the O.P Bank will pay a sum of Rs.32,851.07 towards the balance in his S.B. Account as on 31.3.2015.  The O.P Bank will also pay a sum of Rs.35,000/- to the complainant as compensation towards mental agony, damage and loss for not being able to withdraw his money.  The O.P Bank will also pay a sum of Rs.1800/- towards cost of litigation.  All the above noted payments shall be made to the complainant within a period of 45 days from the date of receipt of this order, failing which the complainant will taken shelter of this court under C.P.Act.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 20^th day of January,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                             Member.

                                                                                                            

                                                                                                  (  Sri D.C.Barik )

                                                                                                          President.

                                                                                                (Smt. Sarmistha Nath) 

                                                                                             Member(W).