Tamil Nadu

South Chennai

CC/96/2007

G.Nagarajan - Complainant(s)

Versus

The Hongkong and Shaghai Banking Corporation Ltd., - Opp.Party(s)

A.Palaniappan & others

01 Nov 2018

ORDER

                                                                        Date of Filing  : 21.02.2007

                                                                          Date of Order : 01.11.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.96/2007

DATED THIS THURSDAY THE 01^ST DAY OF NOVEMBER 2018

                                 

Mr. G. Nagarajan,

SF5, Aiswarya Apartments,

No.6/142, Satyanarayanan Street,

Venkatapuram,

Ambattur,

Chennai – 600 053.                                                      .. Complainant.                                                  

 

                                                                                               ..Versus..

 

1. The Branch Manager,

The Hongkong and Shanghai Banking Corporation Ltd.,

Having its office at:-

No.96, Dr. Radhakrishnan Salai,

Chennai – 600 004.  

 

2. The Assistant General Manager,

The Hongkong and Shanghai Banking Corporation Ltd.,

No.96, Dr. Radhakrishnan Salai,

Chennai – 600 004.                                                 ..  Opposite parties.

          

Counsel for complainant                 :  M/s. A. Palaniappan & another

Counsel for opposite parties 1 & 2 :  M/s. K. S. Natarajan & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying for closure of the account bearing SB A/C No.041.690900.006 with effect from 25.06.2005 and also send a bankers cheque or demand draft to the complainant pertaining to the balance amount held in the said account as on that date together with interest at the rate of 18% p.a. from the said date to the date of refund of the said amount and to pay a sum of Rs.50,000/- towards compensation for damages, mental agony and deficiency in service with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he approached the opposite parties bank on 27.05.2005 for opening a savings bank account viz SB A/C No.041.690900.006.   On the instruction of the opposite party officials, the complainant deposited a sum of Rs.25,000/- for 3 years with an instruction to keep minimum balance of Rs.1,500/-.  Thereafter, on the instruction of the opposite party bank officials and in order to avail the credit card facility, the complainant deposited a sum of Rs.90,000/- in his Savings Bank Account.  On 07.06.2005, the complainant deposited a cheque for Rs.5,00,000/- in the opposite parties bank while withdrawing the amount the opposite parties raised several questions and demanded the reason for withdrawal in writing.   After submitting the letter, the complainant was permitted to withdraw the amount.   The complainant further submits that in the meantime, he was issued by the opposite parties bank a new cheque book and new debit card in respect of the account opened with the opposite parties bank.  The complainant states that subsequent to which there was a telephonic call from the opposite parties bank by one Ms. Beaula for verification in respect of the said credit card applied by the complainant.    The complainant further states that subsequently two persons alleging that they were sent from the opposite parties bank told the complainant that they had come for personal verification in respect of the complainant’s credit card and they had informed the complainant’s account number as well as balance in the account.  Immediately, the complainant had sought for identification of the said persons and they had replied in negative stating that on account of the emergency involved in their work they had forgotten to bring the ID card issued by the opposite parties bank.   Since the opposite parties had not complied to the request of the complainant, the complainant issued notice dated:25.06.2005 and rejoinder dated:12.07.2005. The complainant sent another legal notice dated:05.10.2006 to the opposite parties.  But the opposite parties had not come forward to settle the demands of the complainant.   Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties 1  & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties have at no point of time, ever made any call or given any offer or promise to the complainant as stated by him luring him to deposit any money for a credit card.   In fact it is the policy of the complainant that credit cards are given based on the credibility factor and various other factors and guidelines formulated by the Reserve Bank of India.  They are similar as all other nationalized banks.  The credit card issuances are governed by various internal credit parameters and are a centralized credit decisioning process and hence the regular front line staff are not capable of assessing the credit issues as stated by the customer.    The opposite parties further state that they closed the account on 27.07.2005 which stood at Rs.2,60,324/- and had immediately dispatched the money by way of Demand Draft to the complainant.  However, since the customer had desired the closure of the account, the same was duly done and the balance returned.  Therefore, there is no deficiency in service on the part of the opposite parties.  Hence, the complaint is liable to be dismissed.   

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Inspite of sufficient time is given, the opposite party has not come forward to file his proof affidavit to prove the contentions raised in the written version.   Hence it is treated that the opposite parties has ‘No proof affidavit’.

4.      The points for consideration is:-

1. Whether the complainant is entitled to the relief for closure of the Savings Bank Account on 041.690900.006 and refund of the balance amount in the said account with interest as prayed for?

2. Whether the complainant is entitled to a sum of Rs.50,000/- towards mental agony with cost as prayed for?

5.      On point:-

The opposite parties had not filed any proof affidavit to prove the contentions raised in the written version.   The complainant has not filed any written argument and not advanced any oral argument.  Perused the records namely the complaint, written version, proof affidavit of complainant, documents etc.  The complainant pleaded and contended that he approached the opposite parties bank on 27.05.2005 for opening a savings bank account.   On the instruction of the opposite parties’ officials, the complainant deposited a sum of Rs.25,000/- for 3 years with an instruction to keep minimum balance of Rs.1,500/- also complied.  Thereafter, on the instruction of the opposite parties bank official and in order to avail the credit card facility, the complainant deposited a sum of Rs.90,000/- in his Savings Bank Account.  On 07.06.2005, the complainant deposited a cheque for Rs.5,00,000/- in the opposite parties bank while withdrawing the amount the opposite parties raised several questions and demanded the reason for withdrawal in writing.   After due submission of letter, the complainant was permitted to withdraw the amount.   Since the torture of the opposite parties official is in extreme nature, the complainant decided to close the Savings Bank Account and demanded to return the balance amount in the Savings Bank Account by way of a Demand Draft.  Since the opposite parties had not complied to the request of the complainant; he was constrained to issue notice as per Ex.A1 and rejoinder as per Ex.A3.   Ex.A4 is the legal notice issued by the complainant to the opposite parties and Ex.A2 is the reply by the 1^st opposite party.  The opposite parties had not informed the closure and return of the Savings Bank account and to recredit balance in the Savings Bank account.

6.     The contention raised by the opposite parties in his written version while denying the facts of torture, the opposite parties admitted the delay caused by the opposite parties in withdrawing the amount and made suitable apology for that as per Ex.A2 reply notice by the opposite parties.  Thereafter, the opposite parties closed the account of the complainant on 27.07.2005 and immediately Rs.2,60,324/- was dispatched to the complainant.  But no intimation given by the opposite parties till filing the written version on 05.11.2007 proves the deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 & 2 jointly and severally shall pay a sum of Rs.20,000/- towards compensation for mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of a letter issued by the complainant to the 1st opposite party
		Copy of the reply issued by the 1st opposite party
		Copy of rejoinder issued by the complainant to the reply dated:29.06.2005
		Copy of legal notice issued by the complainant to the opposite parties with acknowledgement

 

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS:  NO PROOF AFFIDAVIT

 

 

 

MEMBER –I                                                                      PRESIDENT