CONSUMER DISPUTES REDRESSAL FORUM, DISTRICT NORTH-EAST
D.C. OFFICE COMPLEX, NAND NAGRI, DELHI
No.309/2008
Sh.Munna,
D-384, St.6, Noor Ilahi,
Ghonda,
Delhi-53 : Complainant.
Versus
HDFC Bank Ltd.
c-1/14A, Yamuna Vihar,
Delhi-53 : Opposite Party-1
HDFC Bank Ltd.
22, Community Centre,
New Friends Colony,
New Delhi-25 : Opposite Party-2
HDFC Bank Ltd.
Ramon House,
HT Parekh Marg,
169, Backbay Reclamantion,
Mumbai-400 020. : Opposite Party-3
SMT. ASHA KUMAR
Order
In a nut shell, complainant is an illiterate and poor person resident of D-384, Street No.6, Noor Ilahi, Ghonda, Delhi-53 who had approached the office of the HDFC Bank Ltd. OP-1 on 3rd March, 2005 to make a fix deposit of Rs.65000/- The complainant being an illiterate person handed over the entire amount to OP-2 for the same, in return OP-2 offered the papers to get signed by him. The complainant signed them all. The copy of receipt was given to the complainant which is annexed with the complaint that is policy no. 10227424
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dated 15.6.2005. After three years on 14.4.2008 the complainant approached Op-1 alongwith documents received by him to get the matured amount back. Op-2 replied the policy lapsed and no money would be given back because complainant did not pay the entire amount of the policy who actually purchased one life insurance policy instead of FDR. Complainant approached the manager of the branch and requested him for return of the amount deposited by him. Complainant being an illiterate person drafted the complaint by one of his friend and submitted it with HDFC bank. A complaint no. 01000000023918 was registered with the HDFC bank annexed with the complaint. The person who received the complaint said that the bank will approach the complainant within 40 days from the filing of the complaint. The complainant approached so many times to the OP’s office for query about the complaint but none of the bank official responded to the complainant and instead of listening the complaint, thrown him out of the bank. So the present complaint for refund of the entire amount of Rs.65000/- with interest. He further requested for the compensation to the tune of Rs.1 lac for the harassment caused by him alongwith Rs.11000/- as litigation expenditure.
Despite the registered notices, none appeared on behalf of OPs. So ex parte order is passed against the OPs on 6.10.2009.
Complainant has filed his affidavit in support of his complainant.
We have heard the arguments and gone through the documents filed by the complainant. We found the complainant is an illiterate person approached the HDFC bank ltd. (OP-1) to make FDR of Rs.65000/-. Who instead of issuing FDR, issued a life insurance policy bearing no. 10227424 dated 16.3.2005 and the amount was adjusted towards first premium of the policy. The complainant
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was unaware of the policy so after completion of three years, as he was said the amount get matured, approached the bank for the maturity amount. But the bank refused to pay the amount. Because the amount was deposited against the first premium of the policy. Since the complainant failed to pay further premium, so the policy was lapsed. Complainant approached so many times to the bank and filed the complaint in writing, which was acknowledged by the bank and the complaint bearing no. 01000000023918 annexed with the complaint. Since the OPs are ex parte so all the facts mentioned in the complaint remained un-rebutted. We found Bank guilty of deficiency of services.
So we direct the bank to pay Rs.65000/- to the complainant alongwith interest @11% per annum from the date of deposit till date of payment. Since the complainant is an illiterate person, the officials of the HDFC bank misguided the complainant and deposited the amount without explaining about the policy. We are inclined to award Rs.10,000/- as compensation for the physical harassment and mental agony suffered by the complainant. We further award Rs.5000/- as litigation expenditure.
The OP shall comply with the above order within 30 days of receipt.
Announced ______ day of __________________, 2009.
(U.C.Tiwari) (Asha Kumar)
President Membe
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Tags: HDFC Bank