Punjab

Ludhiana

CC/20/305

Gulzar Mohammad - Complainant(s)

Versus

HDFC Bank Ltd - Opp.Party(s)

Lakhvir Mohd

05 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 305 dated 17.11.2020.                                                        Date of decision: 05.08.2022.

Gulzar Mohammad aged 60 years, son of late Chanan Khan, resident of village Lalheri, Tehsil Khanna, District Ludhiana. 9815390574.                                                                                                                        ..…Complainant 

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HDFC Bank Ltd., HDFC House, HT Parekh Marg, 165-166, Backbay Reclamation, Church Gate, Mumbai-400020, through its Branch Manager, Khanna, opposite Bus Stand, G.T. Road, Khanna, 141401, Tehsil Khanna, District Ludhiana, Punjab.                                                                                                                                                             …..Opposite party 

Complaint under Section 35 of the Consumer Protection Act,      2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Lakhvir Mohd., Advocate.

For OP                           :         Exparte.

ORDER

PER K.K. KAREER, PRESIDENT

1.                In brief, the case of the complainant is that he has been maintaining a savings account no.01121530008314 with OP Bank since the year 2008. He was provided with debit and credit card facilities also. The complainant got the credit and debit card blocked as the said facility was not required by him.

2.                It is further alleged that on 19.10.2019, the complainant found that a wrong credit card was attached with his said savings account and payment was being deducted from his account illegally by some unknown person. On 19.10.2019, the complainant sent a complaint to the manager of the OP Bank and also to the manager of the HDFC Bank Card Division, Chennai with a request to look into the matter but no response was received from the OPs. Thereafter, a reminder was sent on 21.11.2019 but in vain. After the lockdown period, the complainant sent another application dated 21.05.2020 to the OPs to close the account of the complainant. On 06.07.2020, the office of the OPs sent a SMS to the complainant stating that the credit card correspondence has been attended to and a response has been sent. The complainant further received SMS messages dated 12.08.2020, 07.09.2020, 09.09.2020 showing deduction of Rs.708/- each from his account on account of minimum balance. As per the statement issued by the OP, different amounts aggregating to Rs.57,223/- were illegally withdrawn from the account of the complainant on 08.02.2019, 11.03.2019, 09.04.2019, 09.05.2019, 08.06.2019, 09.072019, 09.08.2019 , 08.09.2019, 09.10.2019, 08.11.2019, 09.12.2019 and 07.09.2020. This amounts to deficiency in service on the part of the OP. in the end, the OP be directed to refund the amount of Rs.57,223/- along with compensation of Rs.1,00,000/-.

3.                   Upon notice, the OP did not appear despite service and was proceeded against exparte.                

4.                In exparte evidence, the complainant submitted his affidavit EX. CA along with documents Ex. C1 to Ex. C8.

5.                We have heard the arguments advanced by the counsel for the complainant and have also gone through the records.

6.                It is the case of the complainant that he had locked his credit card and debit card and on 19.09.2019 he found that some wrong credit card had been attached with his account and with the usage of the said credit card, an amount of Rs.57,223/- was withdrawn from his account as per following detail:-

Dated	Amount illegally withdrawn
08.02.2019	Rs.5700/-
11.03.2019	Rs.5677/-
09.04.2019	Rs.5666/-
09.05.2019	Rs.5655/-
08.06.2019	Rs.5645/-
09.07.2019	Rs.5635/-
09.08.2019	Rs.5623/-
08.09.2019	Rs.5612/-
09.10.2019	Rs.5601/-
08.11.2019	Rs.5590/-
09.12.2019	Rs.11/-
07.09.2020	Rs.708/-

7.                The complainant wrote letters Ex. C2 and Ex. C3 and reminder Ex. C4 to the OP stating that a wrong credit card has been attached to his account and an amount of about Rs.5500/- was being deducted from his account for the last six months but no action was taken on the communications of the complainant. It is further evident from the statement of account Ex. C8 that the aforesaid amounts have been debited into the account of the complainant. The exparte evidence led by the complainant has gone un-rebutted as OP has chosen not to contest this case and has been proceeded against exparte. The aforesaid lapses pointed out by the complainant amounts to deficiency of service on the part of the OP and in our considered view, it would be just and proper if the OP Bank is directed to refund the amount of Rs.57,223/- to the complainant along with interest @6% per annum from the date of filing of the complaint till date of actual payment along with composite compensation and cost of Rs.7,000/-.

8.                As a result of above discussion, the complaint is allowed with direction to OP Bank to refund the amount of Rs.57,223/- to the complainant along with interest @6% per annum from the date of filing of the complaint till date of actual payment. The OP Bank is further made to pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

9.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:05.08.2022.

Gobind Ram.

Gulzar Mohammad Vs HDFC                     CC/20/305

Present:       Sh. Lakhvir Mohd., Advocate for complainant.

                   OP exparte.

 

                   Arguments on behalf of the counsel for the complainant heard. Vide separate detailed order of today, the complaint is allowed with direction to OP Bank to refund the amount of Rs.57,223/- to the complainant along with interest @6% per annum from the date of filing of the complaint till date of actual payment. The OP Bank is further made to pay a composite costs and compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:05.08.2022.

Gobind Ram.