BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complain ID : CCN032240 30
Banks Complaint
Complaint Date: May 4, 2019
Modified date: October 4, 2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
COMPLAINT No.__________ OF
IN THE MATTER OF:
Mr. Avtar Singh Sidhu
S/o S. Pritam Singh Sidhu
Vill. & P.O. Uppli
Distt. & Teh. Sangrur
Punjab-148001
Mob. no. 7838234162
.................... Complainant
V/s
HDFC Bank Ltd,
Shop No. 1,2 & 3, Kaula Park Market,
Sangrur, Punjab-148001,
IFSC:HDFC0000262
.................................Opposite Party
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT
Most Respectfully Submitted as Under:
1. That the complainant is a consumer within the definition of the Consumer Protection Act and is constrained to approach this Forum against the gross acts of the opposite party wherein he has committed serious deficiency of services.
2. That the brief facts leading to the filing of the present complaint, along with reference to supporting documents, are as under:
(a) Complaint pertains to deficiency in services of HDFC Bank which arises out of failed online transaction through debit card on 15 Mar 19 for Rs.1,80,000 and the same was deducted from my bank account (Annexure 1) but not credited to the beneficiary account (Annexure 2). Same day complaint was lodged online through e-mail but I got payment reversal after the intervention of Ombudsman but it took a long time ( more than 45 days from the date of transaction) and due to which I was penalized by beneficiary for the fault which is not mine i.e. late payment.
(b) I, humbly, submit the following :-
(i) Account Details. I am holding saving bank account in HDFC bank with my name as "Avtar Singh Sidhu", SB account number: "50100052544007", customer ID: 56306714 and my registered mobile number : 7838234162. I am holding one active debit card no. 4160-2103-1066-1445 against this account. My home branch address is as follows:-
HDFC Bank Ltd, Shop No. 1,2 & 3, Kaula Park Market, Sangrur, Punjab-148001, IFSC:HDFC0000262
(ii) Online Transaction Details. On 15 Mar 2019 at 18:32:49 hrs, I transferred, Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand only), online from my debit card no. 4160-2103-1066-1445 through GMADA's website wherein GMADA stands for Greater Mohali Area Development Authority, Mohali. This payment was made to pay the dues to get No Dues Certificate (NDC) from GMADA for getting the conveyance deed done for my plot no. 3342, sector-89, Mohali. After carrying out above-mentioned transaction, when I checked my property ledger account at GMADA's website, it shown that the transaction had failed (Annexure 2) and hence the same was not credited to GMADA but when I checked my bank statement, I found that account was debited with the same amount (Annexure 1).
(iii) On the same day i.e. transaction day, I registered my complaint through email and subsequently, on numerous occasions, I contacted HDFC bank customer care/Debit card dispute cell/ Grievance Redressal Cell/ Nodal Officer/ Ombudsman through emails and phone calls but never got the satisfactory answer. I, mostly, used to get two line answer from customer care i.e. your complaint is registered, so please wait and second, our representative will contact you shortly. But very sad to say that no one contacted me telephonically and even they failed to meet all their deadlines.Though, I am unable to produce the telephonic conversation details but the details of written communication with respective authorites through e-mails are appended below:-
(aa). HDFC Support Team:- On 15 Mar 19 i.e. transaction day, I registered my first complaint through emails with all the required details/attachments (Annexure 3 and 4). I received auto generated response (Annexure 5 and 6) vide which they confirmed that within two working days customer service representative will contact me.
On 16 Mar 19, I wrote one more mail with more details for quick response (Annexure 7). They responded to this on 20 Mar 19 & 23 Mar 19 and sought 7 working days time (Annexure 8 and 9) and provided Auto ID: 1855578.
On 23 Mar 19, once again, I provided the details available with me (Annexure 10) and on 25 Mar 19, after I spoke to customer care, they raised the level of my complaint and handed over the case to debit card dispute cell.
(ab) Debit Card Dispute Cell :- This cell responded on 25 Mar 19 (Annexure 11) and stated that they will revert back shortly. On 29 Mar 19, this cell confirmed that charge back has been raised vide ref #VPD002277 and they will credit my amount by 13 April 19 (Annexure 12).
On 15 April 19, I sent the reminder to this cell (Annexure 13), cell responded back on 16 Apr 19 with no commitment (Annexure 14).
(ac) Grievance Redressal Cell:- All most on every second day I used to contact customer care through telephone and their unsatisfactory responses forced me to raise the level further because it was not a small amount for me. I wrote first mail to this cell on 23 Mar 19 (Annexure 15) and they responded back on 23 Mar 19 & 25 Mar 19 (Annexure 16 and 17), I again wrote two e-mails and for the first time, I raised the question that who is responsible for the loss which I am paying for (Annexure 18 and 19) and after that, till now even after so many telephonic conversations too, no one responded from this cell.
(ad) Nodal Officer:- After getting routine unsatisfactory replies from Grievance Redressal Cell, I wrote about this case to the Nodal officer on 27 & 28 Mar 19 and also on 17 Apr 19 (Annexure 20, 21 and 22), but sorry to say that he never responded.
(ae) Ombudsman:- When I failed to get any satisfactory response from the above mentioned authorites, I wrote to Ombudsman on 17 Apr 19 and 20 Apr 19 (Annexure 23 and 24).and after the intervention of Ombudsman, reversal of payment for Rs. 1,80,000/- happened to my account But personally, I am not satisfied with disposal of the case by ombudsman as I feel aggrieved because I am paying penalty for the fault which is not mine and I have been under mental pressure for 45 days. It is also pertinent to mention that I am penalised by beneficiary for late payment (Annexure 29).
3. The bank also failed to perform their promises as per the bank website (https://www.hdfcbank.com/personal/making-payments/pay-utility-bills-and-insurance-premium/visa-bill-pay) and related facts are reproduced as below:-
Why use BillDesk Bill Pay?
* Pay all your bills online with your HDFC Bank Visa Credit or Debit card
* Make your payments conve hiniently and securely
* Organize bills like electricity, gas and telephone, all in one
What are the benefits of BillDesk Bill Pay?
* No more tedious cheques or forms
* Choose the Pay Right Away service, or register for timed bill alerts
* No missed payments or late fees
Is BillDesk Bill Pay safe?
You can be sure that the payments made with BillDesk Bill Pay are safe and secure. That’s because they are secured, encrypted transactions, made with your HDFC Bank Visa Credit or Debit card
4. It is also brought to your knowledge that despite of the above efforts, parallelly, I wrote to beneficiary (Gmada) too, to resolve the issue at the earliest (Annexure 25) and they further wrote to the beneficiary bank (Annexure 26). I, further wrote two more reminders to GMADA (Annexure 27 and 28). But again I didn't get any further response from the beneficiary too. It is pertinent to mention that they have started charging penalty for the late payment for the above mentioned transaction amount (Annexure 29).
5. The aforesaid amounts to deficiency in services and unfair practices. I have been made to suffer from physical pain, mental agony, and trauma due to all this. Due to the abovesaid acts of the opposite party, I am entitled for the following:-
(a). Refund of Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand) has been paid to me on 26 Apr 19 but what about payment of interest for 45 days with 12% rate of interest from the date of transaction to till 26 Jun 19.
(b). Compensation for deficiency in services that is equal to at least 10 times of Rs.1,80,000/- i.e. transaction amount (Rs. 18,00,000 i.e. Rupees Eighteen Lakh) for mental agony caused by deficiency in services.
(c). Expenditure incured for litigation including for commutation of self to and fro.
(d) I am also entitled to compensation in lieu of physical pain, mental agony, and trauma due to all this.
PRAYER:-
It is, therefore, prayed that the Court may direct the opposite party to:-
(a). Refund of Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand) along with 12% rate of interest (minimum rate of interest on personal loan) from the date of transaction to till actual refund.
(b). Compensate for deficiency in services that is equal to at least 10 times of Rs.1,80,000/- i.e. transaction amount (Rs. 18,00,000 i.e. Rupees Eighteen Lakh) for mental agony caused by deficiency in services.
(c). Expenditure incured for litigation including for commutation of self to and fro.
(d) I am also entitled to compensation in lieu of physical pain, mental agony, and trauma due to all this.
(e) Strict and examplary action is to be taken against the bank as well as individuals responsible for the deficiencies in services because these types of deficiencies discourage the consumer from doing online transaction wherin GoI is encouraging for online transactions.
(f) Any other order as the Hon'ble Court may deem fit and proper in the facts and circumstances in favour of the Complainant be passed.
COMPLAINANT
UPPli, Sangrur
VERIFICATION:
I, Avtar Singh Sidhu Son of S. Pritam Singh Sidhu Residing at Vill. & P.O. UPPli, Distt. & Teh. Sangrur do hereby solemnly affirm and state that the contents and particulars of the complaint stated above are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed therein.
Verified at 10:00 hrs on 4th day of May 2019.
Note:- Annexures can be provided on requirement as PDF files.
COMPLAINT No.__________ OF
IN THE MATTER OF:
Mr. Avtar Singh Sidhu
S/o S. Pritam Singh Sidhu
Vill. & P.O. Uppli
Distt. & Teh. Sangrur
Punjab-148001
Mob. no. 7838234162
.................... Complainant
V/s
HDFC Bank Ltd,
Shop No. 1,2 & 3, Kaula Park Market,
Sangrur, Punjab-148001,
IFSC:HDFC0000262
.................................Opposite Party
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT
Most Respectfully Submitted as Under:
1. That the complainant is a consumer within the definition of the Consumer Protection Act and is constrained to approach this Forum against the gross acts of the opposite party wherein he has committed serious deficiency of services.
2. That the brief facts leading to the filing of the present complaint, along with reference to supporting documents, are as under:
(a) Complaint pertains to deficiency in services of HDFC Bank which arises out of failed online transaction through debit card on 15 Mar 19 for Rs.1,80,000 and the same was deducted from my bank account (Annexure 1) but not credited to the beneficiary account (Annexure 2). Same day complaint was lodged online through e-mail but I got payment reversal after the intervention of Ombudsman but it took a long time ( more than 45 days from the date of transaction) and due to which I was penalized by beneficiary for the fault which is not mine i.e. late payment.
(b) I, humbly, submit the following :-
(i) Account Details. I am holding saving bank account in HDFC bank with my name as "Avtar Singh Sidhu", SB account number: "50100052544007", customer ID: 56306714 and my registered mobile number : 7838234162. I am holding one active debit card no. 4160-2103-1066-1445 against this account. My home branch address is as follows:-
HDFC Bank Ltd, Shop No. 1,2 & 3, Kaula Park Market, Sangrur, Punjab-148001, IFSC:HDFC0000262
(ii) Online Transaction Details. On 15 Mar 2019 at 18:32:49 hrs, I transferred, Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand only), online from my debit card no. 4160-2103-1066-1445 through GMADA's website wherein GMADA stands for Greater Mohali Area Development Authority, Mohali. This payment was made to pay the dues to get No Dues Certificate (NDC) from GMADA for getting the conveyance deed done for my plot no. 3342, sector-89, Mohali. After carrying out above-mentioned transaction, when I checked my property ledger account at GMADA's website, it shown that the transaction had failed (Annexure 2) and hence the same was not credited to GMADA but when I checked my bank statement, I found that account was debited with the same amount (Annexure 1).
(iii) On the same day i.e. transaction day, I registered my complaint through email and subsequently, on numerous occasions, I contacted HDFC bank customer care/Debit card dispute cell/ Grievance Redressal Cell/ Nodal Officer/ Ombudsman through emails and phone calls but never got the satisfactory answer. I, mostly, used to get two line answer from customer care i.e. your complaint is registered, so please wait and second, our representative will contact you shortly. But very sad to say that no one contacted me telephonically and even they failed to meet all their deadlines.Though, I am unable to produce the telephonic conversation details but the details of written communication with respective authorites through e-mails are appended below:-
(aa). HDFC Support Team:- On 15 Mar 19 i.e. transaction day, I registered my first complaint through emails with all the required details/attachments (Annexure 3 and 4). I received auto generated response (Annexure 5 and 6) vide which they confirmed that within two working days customer service representative will contact me.
On 16 Mar 19, I wrote one more mail with more details for quick response (Annexure 7). They responded to this on 20 Mar 19 & 23 Mar 19 and sought 7 working days time (Annexure 8 and 9) and provided Auto ID: 1855578.
On 23 Mar 19, once again, I provided the details available with me (Annexure 10) and on 25 Mar 19, after I spoke to customer care, they raised the level of my complaint and handed over the case to debit card dispute cell.
(ab) Debit Card Dispute Cell :- This cell responded on 25 Mar 19 (Annexure 11) and stated that they will revert back shortly. On 29 Mar 19, this cell confirmed that charge back has been raised vide ref #VPD002277 and they will credit my amount by 13 April 19 (Annexure 12).
On 15 April 19, I sent the reminder to this cell (Annexure 13), cell responded back on 16 Apr 19 with no commitment (Annexure 14).
(ac) Grievance Redressal Cell:- All most on every second day I used to contact customer care through telephone and their unsatisfactory responses forced me to raise the level further because it was not a small amount for me. I wrote first mail to this cell on 23 Mar 19 (Annexure 15) and they responded back on 23 Mar 19 & 25 Mar 19 (Annexure 16 and 17), I again wrote two e-mails and for the first time, I raised the question that who is responsible for the loss which I am paying for (Annexure 18 and 19) and after that, till now even after so many telephonic conversations too, no one responded from this cell.
(ad) Nodal Officer:- After getting routine unsatisfactory replies from Grievance Redressal Cell, I wrote about this case to the Nodal officer on 27 & 28 Mar 19 and also on 17 Apr 19 (Annexure 20, 21 and 22), but sorry to say that he never responded.
(ae) Ombudsman:- When I failed to get any satisfactory response from the above mentioned authorites, I wrote to Ombudsman on 17 Apr 19 and 20 Apr 19 (Annexure 23 and 24).and after the intervention of Ombudsman, reversal of payment for Rs. 1,80,000/- happened to my account But personally, I am not satisfied with disposal of the case by ombudsman as I feel aggrieved because I am paying penalty for the fault which is not mine and I have been under mental pressure for 45 days. It is also pertinent to mention that I am penalised by beneficiary for late payment (Annexure 29).
3. The bank also failed to perform their promises as per the bank website (https://www.hdfcbank.com/personal/making-payments/pay-utility-bills-and-insurance-premium/visa-bill-pay) and related facts are reproduced as below:-
Why use BillDesk Bill Pay?
* Pay all your bills online with your HDFC Bank Visa Credit or Debit card
* Make your payments conve hiniently and securely
* Organize bills like electricity, gas and telephone, all in one
What are the benefits of BillDesk Bill Pay?
* No more tedious cheques or forms
* Choose the Pay Right Away service, or register for timed bill alerts
* No missed payments or late fees
Is BillDesk Bill Pay safe?
You can be sure that the payments made with BillDesk Bill Pay are safe and secure. That’s because they are secured, encrypted transactions, made with your HDFC Bank Visa Credit or Debit card
4. It is also brought to your knowledge that despite of the above efforts, parallelly, I wrote to beneficiary (Gmada) too, to resolve the issue at the earliest (Annexure 25) and they further wrote to the beneficiary bank (Annexure 26). I, further wrote two more reminders to GMADA (Annexure 27 and 28). But again I didn't get any further response from the beneficiary too. It is pertinent to mention that they have started charging penalty for the late payment for the above mentioned transaction amount (Annexure 29).
5. The aforesaid amounts to deficiency in services and unfair practices. I have been made to suffer from physical pain, mental agony, and trauma due to all this. Due to the abovesaid acts of the opposite party, I am entitled for the following:-
(a). Refund of Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand) has been paid to me on 26 Apr 19 but what about payment of interest for 45 days with 12% rate of interest from the date of transaction to till 26 Jun 19.
(b). Compensation for deficiency in services that is equal to at least 10 times of Rs.1,80,000/- i.e. transaction amount (Rs. 18,00,000 i.e. Rupees Eighteen Lakh) for mental agony caused by deficiency in services.
(c). Expenditure incured for litigation including for commutation of self to and fro.
(d) I am also entitled to compensation in lieu of physical pain, mental agony, and trauma due to all this.
PRAYER:-
It is, therefore, prayed that the Court may direct the opposite party to:-
(a). Refund of Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand) along with 12% rate of interest (minimum rate of interest on personal loan) from the date of transaction to till actual refund.
(b). Compensate for deficiency in services that is equal to at least 10 times of Rs.1,80,000/- i.e. transaction amount (Rs. 18,00,000 i.e. Rupees Eighteen Lakh) for mental agony caused by deficiency in services.
(c). Expenditure incured for litigation including for commutation of self to and fro.
(d) I am also entitled to compensation in lieu of physical pain, mental agony, and trauma due to all this.
(e) Strict and examplary action is to be taken against the bank as well as individuals responsible for the deficiencies in services because these types of deficiencies discourage the consumer from doing online transaction wherin GoI is encouraging for online transactions.
(f) Any other order as the Hon'ble Court may deem fit and proper in the facts and circumstances in favour of the Complainant be passed.
COMPLAINANT
UPPli, Sangrur
VERIFICATION:
I, Avtar Singh Sidhu Son of S. Pritam Singh Sidhu Residing at Vill. & P.O. UPPli, Distt. & Teh. Sangrur do hereby solemnly affirm and state that the contents and particulars of the complaint stated above are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed therein.
Verified at 10:00 hrs on 4th day of May 2019.
Note:- Annexures can be provided on requirement as PDF files.
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