Haryana

Ambala

CC/416/2018

M/s Avee Gas Agency - Complainant(s)

Versus

The Manager HDFC Bank - Opp.Party(s)

Kamlesh Gupta

22 Nov 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint Case No.:  416 of 2018.

                                                          Date of Institution   :   14.12.2018.

                                                          Date of decision    :   22.11.2019.

 

M/S AVEE Gas Agency, 125 Maharani Jhansi Marg, Ambala Cantt. through its Prop.Ms. Manju Jain.

                                                                                       …. Complainant.                                                     Versus

The Manager, HDFC Bank, Ambala Cantt., Haryana, Shingar Palace Complex, Nicholson Road, Ambala Cantonment, Ambala Cantt. Haryana, 133001.

                                                                             ..…. Opposite Party.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Kamlesh Gupta, Advocate, counsel for complainant.

Shri Kavinder Chawla, Advocate, counsel for the OP.

         

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following direction to it:-

1. To  credit the amount of Rs.17132.70 alongwith interest @12% per annum from the date of debit i.e 05.09.2018, till the date of realisation.
2. To pay Rs.50,000/- as compensation for the mental agony & physical harassment suffered by him.
3. To pay litigation cost.                        

 

Brief facts of the case are that the complainant is holding a current Account bearing No.01312560007517 with the OP. On receipt of Bank details, he surprised to know that the OP i.e HDFC Bank had converted his current account to “Classic Customer” & on 05.09.2018, deducted Rs.17132.70 from his account as Bank charges without informing him. He made several correspondence with the OP with this regard, but of no use.  He served a legal notice dated 28.09.2018 upon the OP, but received no reply from it. By not crediting the amount of Rs.17132.70, which the OP wrongly debited from his account as Bank charges, has committed deficiency in service. Hence, the present complaint.

2.                Upon notice, OP appeared through counsel and has filed written version raising preliminary objections regarding maintainability; jurisdiction and cause of action. On merits, it is stated that on the request and representation of the complainant, the OP granted facility of Preferred Customer under the “Preferred Customer Scheme”. From time to time the OP informed the complainant to regularize his account but he did nothing. He is a wilful defaulter and has violated the terms and conditions of the above said scheme. The OP has rightly debited the amount of Rs.17132.70 from his account. There is no deficiency in service on the part of the OP thus the present complaint filed by the complainant may be dismissed with costs.

3.                The ld. counsel for the complainant tendered affidavit of Ms Manju Jain prop M/s Avee Gas Agency, 125 Maharana Jhansi Marg, Ambala Cantt., as Annexure CA alongwith documents as Annexure C-1 to C-6 and closed the evidence on behalf of complainant. On the other hand, learned counsel for the OP tendered affidavit of Shri Parvesh Narang, Manager, HDFC Bank Ltd., Branch Office, Ambala Cantt., as Annexure OP-A and closed the evidence on behalf of OP.

4.                We have heard the learned counsel for parties and carefully gone through the case file.

5.                The Ld. counsel for the complainant has argued that the complainant is having his current account with the OP. The OP without his consent converted his current account to the Classic Customer and debited Rs.17,132.70  as Bank Charges, without informing him. The said act of the OP amounts to deficiency in service.

                   On the contrary, the Ld. counsel for the OP argued that the facility of preferred customer under ‘Preferred Customer Scheme’ was granted to the complainant on his request and representation. The complainant was a wilful defaulter and had violated the terms and conditions of the said scheme, the OP has thus rightly debited Rs.17,132.70 as Bank Charges from his account.

6.                The plea of the OP is that the facility of ‘Preferred Customer’ was granted to the complainant on his request and representation. However, no such document has been placed on record by the OP to prove the said fact. In the absence of any documentary proof, we do not find any force in this contention of the OP. From the statement of account Annexure C-2, it is evident that an amount of Rs.17132.70 was withdrawn on 05.09.2018 as Cash Deposit Charges from the account of the complainant.  Taking all these facts into consideration, we hold that the OP has committed deficiency in service by granting the facility of Preferred Customer to the complainant without his consent and by debiting an amount of Rs.17,132.70 on 05.09.2018 from the account of the complainant, without informing him. The OP is thus liable to credit the amount of Rs.17,132.70 alongwith interest in the account of the complainant. It is also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.

7.                          In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in following manners:-

1. To credit the amount of Rs.17,132.70 alongwith interest @7% p.a., w.e.f. 05.09.2018, i.e the date of withdrawal of the amount, till its realization.
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid direction, within the period of 30 days from the date of receipt of the certified copy of this order, failing which the amount mentioned at serial No.(i) shall carry penal interest @ 9% per annum instead of @ 7% per annum and the amount mentioned at serial no.(ii) shall carry interest @ 9% till realisation. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :22.11.2019.

                Sd/-                                             Sd/-                    Sd/-

          (Vinod Kumar Sharma)            (Ruby Sharma)     (Neena Sandhu)

              Member                                  Member             President