This C.C. is coming on before us for hearing, in the presence of    Sri. Kalvala Suguna Prasad, Advocate for complainant and notice to opposite party no.1 served called absent; and of Sri. N.V. Satyanarayana & Y. Srinivasa Rao, Advocate for Opposite party no.2; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Sri. R. Kiran Kumar, FAC President)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

1.       The averments made in the complaint are that the complainant is having savings account bearing no.50100013911062 with opposite party No.1 bank and the complainant received a notice on 29-03-2014 from opposite party No.2 wherein, the opposite party No.2 demanded the complainant to remit the sum outstanding in the credit card account No.4346776000031989 and they have placed hold on funds of the complainant account.  The complainant submitted that as per the notice there is an outstanding amount of Rs.74,235.99/- and the said opposite party No.2 proposed to keep hold on funds of Rs.9987.99/- held by the complainant from his savings account.  The complainant further submitted that immediately he approached the opposite party No.1 bank and explained that he never obtained any credit card from the opposite parties and requested the opposite party No.1 to inform the same to opposite party No.2 and also requested the opposite party No.1, not to keep any hold on his account as he is a private employee and leading his life with meager salary.  The complainant also submitted that he approached the opposite party No.1 bank number of times and explained the fact of not having credit card, he got issued legal notice to opposite parties 1 & 2 on 14-04-2014, but the opposite parties have paid deaf ear and on 15-04-2014 the complainant received a message that “the complainants is debited for an amount of Rs.9987.99/- towards fund transfer I trf DM No. 4346776000031989 VALUE CLEAR BALANCE INR 24/”.  The complainant further submitted that the opposite parties debited the amount from his account against somebody’s credit card by misusing the powers vested in them, by violating not only the Banking Regulation Act but also guidelines of Reserve Bank of India in the sense causing mental agony and it is nothing but unfair trade practice and deficiency in service for that the complainant approached the Forum.

2.       Along with the complaint, the complainant filed affidavit and also filed the following documents, those were marked as Exhibits A1 to A3.

Ex.A1:- Savings account Mini Statement of complainant, dt. 23-04-2014.

Ex.A2:- Notice dt.29-03-2014 issued by opposite party No.2

Ex.A3:- Office copy of legal notice, dt. 14-04-2014 along with two courier receipts.

3.       Along with the complaint, complainant filed a petition IA.No.60/2014 praying this Forum to direct the respondent / opposite party No.1 to withdraw the hold kept on savings account and made free to operate the account by depositing all the amounts debited from the account of the petitioner / complainant.  In the petition, it is submitted that the respondent / opposite party No.2 issued notice on 29-03-2014 by demanding the petitioner / complainant to remit for outstanding amount in the credit of the account No.4346776000031989 and they proposed to keep hold on funds of Rs.9987.79/- from the saving account No.50100013911062 pertaining the petitioner / complainant.  The petitioner also submitted that he made representation to the respondent / opposite party no.1 bank that he never obtained any credit card from the respondent bank, but the respondent bank with hold the salary amount for the month of April-2014 of the petitioner.  After receiving notices from this Forum, the Manager of respondent / opposite party bank appeared in person, but failed to contest the case and also failed to file written version.  In the above circumstances, this Forum directed the opposite parties to release the amounts from the savings account No.50100013911062 of the petitioner / complainant, and make it free to operate the account.

4.       On receipt of notice, the opposite parties appeared through their counsel and filed Vakalath.  Counter not filed.

5.       In view of the above circumstances, now the point that arose for consideration is,

1. Whether the complainant is entitled for the claim?
2. To what relief?

Point:-

6.       It is the case of the complainant that he is having savings account bearing No.50100013911062 with opposite party No.1 branch.  According to the complainant that he received a notice on 29-03-2014, wherein opposite party No.2 demanded the complainant to remit the outstanding in the credit card account No.4346776000031989 and they placed hold on funds of the HDFC bank account of the complainant.  According to the complainant after receiving notice from opposite party No.2, immediately he approached the opposite party No.1 bank and explained that he never obtained any credit card from the bank and requested them to inform the same to opposite party No.2 and also requested the opposite party No.1 not to keep hold on his account.  Thereafter on 14-04-2014 the complainant got issued legal notice to opposite parties, on 15-04-2014 he received a message from opposite parties that the complainant account is debited for an amount of Rs.9987.79/- towards fund transfer.   According to the complainant the opposite parties by misusing the powers vested on them and caused mental agony for that he approached the Forum for redressal. 

          It is evident from record that the complainant is having savings bank account in opposite party No.1 bank and as per Exhibit- A2 the opposite party No.2 issued notice to the complainant by exercising the bankers lien and right of setoff option to the extent of the balance available in the complainants HDFC bank account as on 29-03-2014, hold on funds placed on 29-03-2014 and the complainant is called upon to remit the sum outstanding into the credit card account within 7 days from the date of receipt of notice, failing which the balance outstanding on     13-04-2014 or the balance available in the complainants captioned HDFC bank account shall be debited.  For that the complainant approached the opposite party no.1 bank, explained about the fact of not having credit card and also issued legal notice on 14-04-2014, but on 15-04-2014 an amount of Rs.9,987.79/- was debited from the account of the complainant towards fund transfer and the same is reflected in the mini statement (i.e. Exhibit-A1).  And also we observed that after receiving notices from this Forum opposite party no.2 simply filed a Vakalath and kept silent.  None appeared on behalf of opposite party no.1 to disprove the case of the complainant.  We have carefully considered the contention raised by the complainant, however we are convinced and it is established beyond doubt that there is clear negligence and deficiency in service on the part of opposite parties for which there was no more reason why the complainant should have been suffered.  In the above circumstances, we consider it appropriate to answer this point accordingly in favour of the complainant.

7.       For the reasons stated above, this complaint is allowed in part directing the opposite parties 1&2 to pay sum of Rs.10,000/- as compensation on account of mental agony and harassment.  The above order shall be complied within one month from this day, failing which the complainant would be entitled to interest @ 9% per annum on the above amount from today till actual payment is made.

Typed to dictation, corrected and pronounced by us, in the open Forum, on this the 26^th day of September, 2014.

            FAC President              Member

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

FAC President               Member

District Consumer Forum, Khammam.