Punjab

Sangrur

CC/1466/2021

Amandeep Singh - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Sh. Gagandeep Singh Sibia

12 Jan 2023

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR.

 

                                                               

                                                Complaint No.  1466

                                                Instituted on:    16.12.2021

                                                Decided on:       12.01.2023

 

Amandeep Singh son of Gurmukh Singh, resident of H.No.7, Street Jeji, Near Bijali Board, Mehlan, District Sangrur.

                                                                ..Complainant

                                Versus

1.             HDFC Bank, Regd. Office: HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai-400013 through its authorised signatory.

2.             HDFC Bank, Branch Kaula Park Market, Sangrur through its Branch Manager.

                                                        …Opposite parties

 

 

For the complainant  :       Shri G.S.Sibia, Advocate.

For OPs                    :       Exparte.

 

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT

 

1.             Complainant has preferred the present complaint against the opposite parties  on the ground that father of the complainant obtained one OD limit of Rs.6,40,000/- from the Ops and the same was sanctioned on 27.2.2019 vide account number 50200037451990. It is further averred that at the time of sanctioning of the limit to his father Shri Gurmukh Singh, officials of the OPs assured to the father of the complainant that insurance policy bearing number 83708720 was also issued alongwith the said limit for securing the said limit and an amount of Rs.6524/- was deducted from the OD limit on 30.4.2019 being the premium amount for Agri Credit Protection Plan as if  the father of the complainant dies during the policy then outstanding amount of said limit will be recovered from the insurance company.  The father of the complainant died on 9.1.2020 and as such the complainant visited OP number 2 so many times for closer of the said limit account after recovering the outstanding amount from the insurance company, but all in vain.  The complainant also got served a legal notice dated 17.11.2021 upon the OPs for the same, but nothing was done.  As such, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to close the limit account of the father of the complainant after recovering the outstanding amount of said limit from the insurance company, to pay Rs.1,00,000/- as compensation for mental tension, agony and harassment and an amount of Rs.50,000/- has been claimed as litigation expenses.

2.             Record shows that OPs were proceeded against exparte on 26.04.2022. 

3.             The complainant produced Ex.C-1 to Ex.C-8 copies of documents and affidavit in evidence and closed thereafter.

4.             We have gone through the pleadings put in by the complainant along with supporting documents with his valuable assistance.

5.             The learned counsel for the complainant has contended vehemently that father of the complainant obtained one OD limit of Rs.6,40,000/- from the Ops and the same was sanctioned on 27.2.2019 vide account number 50200037451990. The learned  counsel  has further argued that at the time of sanctioning of the limit to his father Shri Gurmukh Singh, officials of the OPs assured to the father of the complainant that insurance policy bearing number 83708720 was also issued  alongwith the said limit for securing the said limit and an amount of Rs.6524/- was deducted from the OD limit on 30.4.2019 being for Agri Credit Protection  Plan as if  the father of the complainant died during the policy then outstanding amount of said limit will be recovered from the insurance company.  The father of the complainant died on 9.1.2020 and as such the complainant visited OP number 2 so many times for closing of the said limit account after recovering the outstanding amount from the insurance company, but all in vain.  The complainant also got served a legal notice dated 17.11.2021 upon the OPs for waiving off the loan, copy of which on record is  Ex.C-4 and copies of postal receipts are Ex.C-5 and Ex.C-6. Further the learned counsel for the complainant has drew our attention towards the copy of bank statement, Ex.C-2, issued in the name of his father, Mr. Gurmukh Singh son of Mitt Singh, which clearly shows that on 30.4.2019, an amount of Rs.6524/- was debited to his account being Agri Credit Protection Premium. Ex.C-3 is the death certificate of Shri Gurmukh Singh showing that he died on 09.01.2020. Further all this evidence is supported by the affidavit of the complainant, which is on record as Ex.C-1. We may mention that the OPs chose to remain exparte. In the circumstances of the case, it is clear that an amount of Rs.6524/- was debited to the account of the father of the complainant on 30.4.2019 being premium under Agri Credit Protection Plan, so it can be easily assumed that the same will be for securing the said OD limit of Shri Gurmukh Singh, but we may mention that either of the parties have not produced on record the copy of the insurance policy as the OPs chose to remain exparte.    

6.             In view of our above discussion, we allow the complaint and direct OPs to take necessary steps to waive off the outstanding amount in the OD limit of Gurmukh Singh according to the terms and conditions of  insurance policy for which the premium amount of Rs.6524/- was deducted/debited to the account of Gurmukh Singh on 30.04.2019 and intimate accordingly to the complainant.  We further direct OPs to pay to the complainant an amount of Rs.4000/- as compensation for mental tension agony and harassment and litigation expenses.

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             This order be complied with within a period of sixty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        January 12, 2023.

           

         (Kanwaljeet Singh)  (Sarita Garg) (Jot Naranjan Singh Gill)

                 Member           Member                    President