Haryana

Sonipat

CC/335/2015

Shiv Yadav S/o Mangal Yadav - Complainant(s)

Versus

The Manager HDFC Bank - Opp.Party(s)

15 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.     

 

                             Complaint No.335 of 2015

                             Instituted on:14.09.2015                                           Date of order:26.02.2016

 

Shiv Yadav son of Mangal Yadav resident of village Amwa tehsil and distt. Gopalganj (Bihar) at present residing at Indra Colony, near ESI Dispensary, Bahalgarh, distt. Sonepat.

..Complainant

 

                          Versus

 

The Manager HDFC Bank Sonepat thorugh its Branch Manager, L-203, Model Town, Sonepat.

..Respondent.

 

COMPLAINT UNDER SECTION 12 OF        

THE CONSUMER PROTECTION ACT,1986

 

Argued by:    Complainant in person.

              Sh. RK Panchal, Adv. for respondent.

 

BEFORE    NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging therein that he is in possession of a credit card bearing no.5242165000342293 which was issued to him by the respondent for shopping purposes and his salary is being sent by his employer in the account of the complainant. On 2.2.2015, shopping of Rs.7849/- was made in the name of Toffeinstyle Epay Kerel Mumba from the above said credit card but infact no shopping was made by the complainant.  After receipt of the e-mail, the complainant made talks with customer care about debit of Rs.7849/- from his account.  The complainant has also made a complaint at CC.Dispute@ HDFC Bank.com, but of no use and till date, the amount of Rs.7849/- has not been refunded to the complainant by the respondent and that amounts to a grave deficiency in service on the part of the respondents.

2.        In reply, the respondent has submitted that the complainant himself has purchased the items through his credit card for Rs.7849/- on 2.2.2015 and the respondent has legally charged the said amount from the complainant.  The respondent is not liable to refund the said amount to the complainant as there is no deficiency in service on the part of the respondent.

3.        We have heard the arguments advanced by both the parties and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        The complainant has submitted that Rs.7849/- has been wrongly debited from his account because he has never made any transaction for shopping purposes at any point of time.

          Ld. Counsel for the respondent has submitted that the complainant himself has purchased the items through his credit card for Rs.7849/- on 2.2.2015 and the respondent has legally charged the said amount from the complainant.  The respondent is not liable to refund the said amount to the complainant as there is no deficiency in service on the part of the respondent.

          But we find no force in the arguments advanced by the ld. Counsel for the respondent since the respondent has failed to produce any document to prove that the complainant has ever purchased the items through his credit card for Rs.7849/- on 2.2.2015.  Accordingly, it is held that the respondent has wrongly and illegally deducted Rs.7849/- from the complainant’s account and he is entitled to get the same refunded from the respondent. Thus, we hereby direct the respondent to refund the amount of Rs.7849/- to the complainant within a period of 30 days from the date of passing of this order, failing which, the said amount shall fetch interest at the rate of 09% per annum from the date of its deduction till its realization.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced: 26.02.2016