Date of Filing:22.12.2009<br /> Date of Order: 30.06.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 30th DAY OF JUNE 2010<br /> PRESENT<br /> <br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> <br /> COMPLAINT NO: 3033 OF 2009 <br /> <br /> <br /> <br /> Smt. Aparna Krishnamurthy,<br /> W/o B.G. Krishna Murthy,<br /> R/at No.305,<br /> Harest Restaurant Building,<br /> Near Petrol Pump, Emirates Rd,<br /> Dubai.<br /> Presently at Apt No.702,<br /> Skyline City, Bock-1,<br /> Nagarbhavi, Bangalore.<br /> Rep. by his father and GPA Holder<br /> Sri H.R.Hajeri Complainant<br /> <br /> V/S<br /> <br /> The HDFC Bank Ltd.,<br /> Vijayanagar Branch,<br /> Wet of Chord Road,<br /> Food Word Building,<br /> Bangalore-40. <br /> Rep. by its Branch Manager, Opposite Party<br /> <br /> <br /> <br /> <br /> ORDER<br /> <br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief fact of the case of the complainant is that, the complainant is a NRI account holder with the opposite party bank. On 26-3-2009, the complainant’s father went to withdraw the amount from ATM, the card got struck in the ATM machine. The matter was informed to the opposite party. The complainant had given a letter to the opposite party for giving another debit card, but the bank has not yet given the debit card. Till 1-4-2009 an amount Rs.10,446/- has been swiped at various Merchants places. The opposite party insisted to submit the documents such as Indemnity bond, copy of Pass Port, FIR from the jurisdictional police station. The complainant furnished all the documents to the opposite party. Even after, furnishing the documents the opposite party has not issued fresh debit card. Hence, the complaint giving direction to the opposite party to issue fresh debit card and to pay Rs.10,446/-. <br /> 2. The opposite party has filed defense version stating that, there is no deficiency in service on the part of the opposite party. In the event loss of card the liability of the bank will be only after the loss is reported. As per the bank records the first report of loss of card is on 11-4-2009. The card was promptly hot listed and the confirmation was send to the customer. The Bank cannot be held responsible for negligence of the complainant. He requested to dismiss the complaint. <br /> <br /> 3. The respective parties have filed affidavit evidence. The complainant has produced some documents. Heard, the arguments on both the sides. <br /> <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite party? <br /> <br /> 2. Whether the complaint is entitled for fresh debit card from the opposite party? <br /> <br /> 3. Whether the complainant is entitled for Rs.10,446/- from the opposite party?<br /> <br /> <br /> REASONS<br /> 5. The entire dispute and the issue raised by the complainant can be settled by reproduction of letter sent to the complainant by the opposite party on 11-4-2009<br /> Dear Customer,<br /> Subject: Transaction by use of Debit card reported by you to be lost/ stolen<br /> <br /> We regret to note that your Debit Card has been reported by you to be lost/stolen/not received or used. We understand that you intend to dispute subsequent transaction(s) done through the said Debit Card.<br /> Accordingly, we request you to provide us the following documents within 21 days of reporting the loss to take this case forward.<br /> <br /> 1.FIR (Fir information Report) from the concerned Police department<br /> 2.Letter giving details of the event and transactions disputed<br /> 3.Indemnity Letter duly signed as per format and franked for Rs.200/-<br /> 4.Passport copies in case of international transaction disputes<br /> Please note that any acknowledgement or letter in lieu of the FIR wil not be accepted.<br /> <br /> On submission of the aforesaid documents, we would provisionally credit your account for the disputed amount subject to “hold funds” on such credit.<br /> We will then be investigating the case as per our procedure. Kindly note that you cannot utilize these funds unless the investigations completed and the findings are in your favour. You are requested to take note of the same before carrying out transactions in the subject account.<br /> <br /> We will update you once the investigation is completed. Please note that if the investigation results are not in favour then the amount credited to your account will be reversed without any reference or notice to you.<br /> <br /> Assuring to you the best of our services at all times.<br /> Warm regards,<br /> Authorised Signatory<br /> For HDFC Bank.<br /> <br /> In view of the above letter it is very clear that the complainant was asked to produce FIR, Indemnity Bond, Passport copies and the letter of request. The complainant has furnished all the documents asked by the opposite party. Therefore, the opposite party could have issued fresh debit card to the complainant as per there own letter dated 11-4-2009, but till today the opposite party has not given the debit card requested by the complainant. Therefore, it amounts to deficiency in service. As regards the question of disputed amount is concerned it is to subject to hold funds on such credit. The investigation is under progress. After completion of the investigation, if the findings are given in favour of the complainant the disputed amount of Rs.10,446/- will be reversed to the account of the complainant. Till then without the full and final investigation the complainant is not justify to ask the opposite party to pay Rs.10,446/-. The opposite party bank has made all facts very clear by its letter dated 11-4-2009, the said letter is full and complete answer to the claim of the complainant. The complainant could not have approached this Forum. The matter was fit to be settled between the complainant and the Bank on negotiation and amicable settlement. As per the documents produced by the complainant itself the matter was reported to the opposite party Bank on 11-4-2009. The bank can not be held responsible of the transactions taken place earlier to 11-4-2009, any how it is not necessary to discuss the issue on merits, because, the opposite party bank has come forward that after investigation, if the findings come in favour of complainant the amount will be reversed. This promise of the opposite party bank is more than sufficient. However, the opposite party bank should have given fresh debit card to the complainant on her request and submission of documents as required by the opposite party. On this count a direction can be given to the opposite party bank to issue fresh debit card to the complainant. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is partly allowed. The opposite party bank is directed to issue debit card to the complainant with in 30 days from the date of this order. No order as to costs. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 30TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings<br /> <br /> MEMBER <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />