Tamil Nadu

North Chennai

CC/137/2015

N.Prakash Chandran - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

M/s. Lawthirst Associates

10 Aug 2017

ORDER

 

                                                            Complaint presented on:  31.08.2015

                                                                Order pronounced on:  09.08.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY  THE 09^th  DAY OF AUGUST 2017

 

C.C.NO.137/2015

 

 

N.Prakash Chandran,

S/o. late N.K.Narashiman,

M/s. TVS Dynamic Global Frieght Services Ltd.,

No.18-A, 1^st Street, Kamdar Nagar,

Nungambakkam, Chennai – 600 034.

                                                                                    ….. Complainant

 

..Vs..

The Manager,

HDFC Bank,

Mahalingapuram Branch,

No.11, Mahalingapuram Main Road,

Mahalingapuram, Chennai – 600 034.

.....Opposite Party

Date of complaint                                 : 04.09.2015

Counsel for Complainant                      : M/s.Lawthirst Associates, J.Kiran

                                                                    Kumar, D.Sangeetha, M.Manivannan,

                                                                    K.Purushothaman

 

Counsel for Opposite Party                      : Mr.TKM Sai Krishnan,

                                                                    Mrs.N.Premaltha

     

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the Opposite Party to realize unlawful blocking of S.B. Account and also order to pay compensation for unfair trade practice and mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant is a customer in Opposite Party’s bank and maintaining the S.B. Account No.50100019193922 since 20.02.2014.  On 30^th day of May 2015, when the Complainant tried to withdraw his lawful salary amount of Rs.39,132/-, the same was blocked by the Opposite Party without any lawful reason. The Complainant didn’t get any fruitful or reasonable reply from the Opposite Party and hence the Opposite Party act of blocking his lawful withdrawal of Rs.39,132/- was amounts to looting practice adopted by the Opposite Party. On 01.06.2015 the Complainant lodged a detailed Complaint with respect to his grievance but the Opposite Party didn’t give any acknowledgement for the Complaint and moreover the Opposite Party bank and its officials were not ready to explain  the blockage of his lawful salary of Rs.39,132/-. The Complainant issued a warning letter to the Opposite Party through registered post on 26.06.2015 and claimed the reason for the act of blocking his amount in the S.B. Account.

          2. On 30.06.2015 the Opposite Party sent a notice to the Complainant with the alleged information as if the Complainant was liable to pay a sum of Rs.5,46,573.64/- for alleged personal loan account No.91370788 LOMP 20060000358002. The Complainant strictly denies the above said is imaginary personal loan account because at any occasion the Complainant didn’t receive any personal loan from the Opposite Party. The practice adopted by the Opposite Party is against the principles and recommendations made by the RBI.  The Complainant caused a legal notice to the Opposite Party on 07.07.2015 through registered post. The Opposite Party didn’t give any reply for legal notice. Hence, the Complainant filed this Complaint to direct the Opposite Party to realize unlawful blocking of S.B. Account and also order to pay compensation for unfair trade practice and mental agony with cost of the Complaint.

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The Complainant had come before this Hon’ble Forum with tainted hands and suppression of facts, the present Complaint liable to be dismissed with the exemplary costs. The Opposite Party bank humbly submits that in the year 2008 Centurion Bank of Punjab was merged with Opposite Party Bank. It is pertinent to note here that the Complainant had approached and availed a personal loan of Rs.3,19,798 @ 17.03% interest from Centurion Bank on 27.03.2007 and further agreed to pay the principal and interest in 48 equal monthly installments of Rs.9,268/- each. Along with personal loan application form and loan agreement and at the time of availing the loan, he had produced  copy of his pan card, driving license, Indian Overseas Bank statement pertaining to his JSP Departmental Store and income tax return for the said store. The Complainant produced the ID proof at the time of availing loan and opening the S.B. Account with the Opposite Party is one and the same.      The above documents produced by the Complainant is abundantly clear that he had availed the personal loan of Rs.3,19,798/- from the Opposite Party bank.

          4. The total outstanding due amount is Rs.5,58,819.28/- as on 21.11.2015. In such circumstances the Opposite Party bank have been empowered to lien and set off the legitimate dues to the bank. The Opposite Party bank had issued a notice dated 29.05.2015 to the Complainant calling upon him to remit the total outstanding in the said loan account within 7 days from the date of postage of the said notice. Further the Opposite Party bank clearly indicated that on failure of payment of the said amount the amount lien marked shall be set off through direct debit from the savings bank account number 50100019193922. Since the Complainant failed to settle the loan outstanding amount, the lien marked amount was set off on 18.06.2015. The Complainant with mala fide intention to achieve his wrongful gain and make wrongful harm to the bank, initiated this proceedings on the file of this Hon’ble Forum. The Opposite Party has not committed deficiency in service and unfair trade practice and therefore prays to dismiss the Complaint with cost.

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          The case of the Complainant is that he opened a Savings Bank salary account with the Opposite Party on 20.02.2014 and in the said account his salaries were credited by his employer and on 30.05.2015 the Complainant went to  withdraw his salary amount of Rs.39,132/- from his account, he came to know that the said account was blocked by the Opposite Party without any lawful reason and when the Complainant also questioned the same no one from the Opposite Party explained the reason for blocking his account and further he had not availed any loan from the Opposite Party and thereafter  the Complainant issued Ex.A3 notice to the Opposite Party and the same was acknowledged under Ex.A4 and thereafter the Opposite Party sent Ex.A5 lien notice to the Complainant and hence the Opposite Party has committed deficiency in marking lien of his salary account maintained in the Opposite Party is deficiency in service and unfair trade practice on the part of the Opposite Party and therefore he had filed this Complaint.

          7. The Opposite Party would contend that the Complainant availed a personal loan of Rs.3,19,798/- from Centurion Bank on 27.03.2007  agreeing to repay the said loan amount in 48 equal monthly salary installments of Rs.9,268/- each and subsequently the said Centurion Bank of Punjab was merged with the Opposite Party in the year 2008 with all the liabilities of that bank and the Complainant failed to repay the said loan amount and this Opposite Party after issuing Ex.B7 notice dated 29.05.2015, Ex.A2 notice dated 18.06.2015 requiring the Complainant to re-pay the loan amount and failing to pay said amount a lien will be marked and since the Complainant failed to re-pay the loan amount the Opposite Party marked lien on the Complainant account and therefore this Opposite Party has not any deficiency in service and prays to dismiss the Complaint.

          8. Ex.A1 is the loan application and Ex.B2 is the personal loan agreement submitted by the Complainant to avail personal loan from the Centurion Bank of Punjab. The said loan application and loan agreement stands in the name Centurion Bank of Punjab to avail the loan. The Complainant submitted Ex.B3 Pancard, Ex.B4 driving license as ID proof to the said bank and also Ex.B5 bank statement of his JSP Departmental Store. The Complainant submitted Ex.B9 application to the Opposite Party to open S.B Account. Along with the said application the same driving license was submitted by him to the Opposite Party also. Further the signature found in the loan application submitted to the Centurion Bank and also to the Opposite Party bank contains the same signature of the Complainant. Therefore the Complainant availed a personal loan with the Centurion Bank of Punjab is accepted and the said bank subsequently merged with the Opposite Party bank is accepted and hence the contention of the Complainant that he never availed personal loan cannot be accepted. Further the Centurion Bank merged with the Opposite Party bank, the loan taken by the Complainant with the Centurion Bank is said to have taken from the Opposite Party form the date of merger.

          9. The next contention of the Complainant is that the alleged loan was taken in the year 2007 and subsequently only in the year 2014 he had opened this Savings Account and therefore the Opposite Party marked lien in his savings account is unlawful and committed deficiency to the Complainant. Once all the liabilities of the earlier bank merged with the Opposite Party the Complainant is bound to re-pay the balance personal loan amount to the Opposite Party bank. The Opposite Party also wrote Ex.B7 notice dated 29.05.2015 and Ex.A2 notice dated 18.06.2015 to the Complainant requiring him to pay the outstanding personal loan amount failing to pay the same  the account will be marked on lien. No proof filed by the Complainant to show that either he had paid the personal loan amount availed by him to the Centurion Bank or  to this Opposite Party . Therefore the Opposite Party/bank has every right to hold on or marked lien on the S.B. Account of the Complainant for non-payment of loan availed by him and therefore the Opposite Party exercised lien on the Complainant account is no way considered to be deficiency on the part of the Opposite Party and hence, it is held the Opposite Party has not committed any deficiency in service.

 

10. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 09^th day of August 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 31.10.2014                   Statement of accounts issued by the Opposite Party

                    30.05.2015                   

 

Ex.A2 dated 18.06.2015                   Notice issued by the Opposite Party

Ex.A3 dated 26.06.2015                   Complaint given to Opposite Party by the

                                                    Complainant

 

Ex.A4 dated NIL                     Acknowledgement card of Complaint dated

                                                    26.06.2015

 

Ex.A5 dated 30.06.2015                   Notice issued by the Opposite Party

 

Ex.A6 dated 07.07.2015                   Legal notice issued by the Complainant to the

                                                    Opposite Party

 

Ex.A7 dated NIL                     ATM SLIP

Ex.A8 dated NIL                     Pass port of the Complainant

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated NIL                     Personal Loan Application Form

 

Ex.B2 dated         NIL                       Personal Loan Agreement

 

Ex.B3 dated NIL                     Identity proof – pan Card

 

Ex.B4 dated NIL                     Identity Proof – Driving License

 

Ex.B5 dated NIL                     Indian Overseas bank statement

 

Ex.B6 dated NIL                     Income tax return for the assessment year 2005 –

                                                    2006 of the Complainant

 

Ex.B7 dated NIL                     Opposite Party bank notice dated 29.05.2015

 

Ex.B8 dated NIL                     Dispatch proof of the notice dated 29.05.2015

 

Ex.B9 dated NIL                     Savings Bank account opening form

 

Ex.B10 dated NIL                             Opposite Party bank reply letter dated 09.07.2015

 

Ex.B11 dated NIL                             Statement of Accounts dated 21.11.2015

 

 

 

MEMBER – I                                                               PRESIDENT