In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 99/2006
1) Javed Majit,
13 / 2B, Bright Street,
P.S. Karaya, Kolkata-17. ---------- Complainant
---Versus---
1) The Manager,
Debt-Management and Legal Support Credit Cards,
HDFC Bank Cards Division, Prince Khushal Towers,
96, Anna Salai, Chennai-600002.
2) The Branch Manager, HDFC Bank,
Constancia Building, Dr. U.N. Bramachari Street,
Kolkata-17, P.S. Shakespeare Sarani.
3) Regional Manager, HDFC Bank, Cards Division,
Gillander House, 8, N.S. Road, Kolkata-1.
4) Assistant Manager, Debt-Management
HDFC Bank Cards Division, 1st floor, F-Block,
Gillander House, 8, N.S. Road, Kolkata-1.
5) Blue Dart, Regional Office,
41, Chowringhee Road,
Kanak Building, Kolkata-71. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 54 Dated 20-12-2012.
The petition of complaint has been filed by the complainant Javed Majid against the o.ps. HDFC Bank and others. The case of the complainant in short is that complainant having an account with the HDFC Bank and was provide with the credit card service of the credit limit amounting to Rs.20,000/- bearing no.4346771001618058 operative from May, 2003 to May, 2005. On expiry of the terms of operation for the credit card, complainant asked for renewal thereof which was stated to have been issued and delivered to the last known address of complainant through courier service who alleged o have delivered to some unknown persons on the basis of a ration card of Abdul Majid, the father of complainant who expired long before.
The aforesaid facts came to light and/or revealed to the complainant series of correspondence made with o.ps. concerned at Kolkata and Chennai by e-mail and by post and/or on telephonic conversation.
By a letter dt.14.6.05 complainant was wrongfully and illegally informed by o.ps. and/or their officials that a sum of Rs.34,681.40 has been provided to the new credit card bearing no.4346771007462923 in respect of his alleged dues.
Complainant frantically correspondenced with o.ps. and their officials and informed the local police station at Karaya about the embezzlement of fund by the bank official and/or their agents and servants as evident from the admission made in letter dt.16.8.05. Being emboldened by such fraudulent acts, o.ps. their servants and agents wrongfully, illegally purported to deducted a sum of Rs.2164.60 as per instruction from head office Chennai but Calcutta official deducted Rs.2771.50 from the complainant’s bank account no.1051050008551 dt.29.8.05 as stated in bank statement.
It is apparently admitted facts that renewed credit card was not at all delivered unto the complainant but to some other person who acted as agent of o.ps. abovenamed in respect of the fraudulent deal and leading to embezzlement and loss of serviced facilities.
A letter dt.21.11.05 addressed to complainant as defaulter by the Officer-Debt Management of the HDFC Bank Card Division, Seeboos Building, No.110, Nelson Manickam Road, Arminjikarai, Chennai-800020.
Complainant’s advocate addressed a letter dt.4.7.05 to the DC DD-1, Lalbazar, Kolkata to take cognizance of the fence committed by o.ps. abovenamed who are however maintaining silence and refunding all claim and contention of the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.p. nos.1 to 5 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of the argument submitted that complainant has no locus standi to file this case since there is no cause of action to file the instant case and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainant had an account with HDFC Bank with credit card facilities upto limit of Rs.20,000/- bearing no.4346771001618058 operative from May 2003 to May 2005 and after expiry complainant asked for renewal of the same and it was told by the o.p. nos.1 to 4 that the same was delivered to the complainant to his last address, but the complainant did not receive the same at all and by letter dt.14.6.05 complainant was informed by o.p. nos.1 to 4 that a sum of Rs.34,681.40 has been provided to the new credit card bearing no.4346771007462923 and complainant was informed vide letter dt.16.8.05 by o.ps. and o.ps. deducted Rs.2164.60 as per instruction of head office Chennai, but Kolkata official deducted Rs.2771.50 from the complainant’s bank account no.1051050008551 on 29.8.05. There is no document on record filed by o.p. nos.1 to 4 that renewed credit card was duly delivered to the complainant.
That being the position in view of the above findings and on perusal of the entire materials on record we find that the o.p. nos.1 to 4 had sufficient deficiencies being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. nos.1 to 4 and without cost against o.p. no.5. O.p. nos.1 to 4 are jointly and/or severally directed to set aside the amount as against credit card no.4346771007462923 since the said credit card was not actually delivered to the complainant and are directed to cancel the said credit card and are further directed to refund of Rs.2771.50 (Rupees two thousand seven hundred seventy one and fifty paise) only in the account of the complainant and are further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
