HDFC BANK Vs. SUSHIT KUMAR BISWAS

JUDGEMENT

(1.) SMT . Lily Biswas (since deceased), wife of Shri Sushit Kumar Biswas, the Complainant was an account holder of M/s HDFC Bank, using credit card facilities. She made regular payments in respect of the aforesaid accounts and there was overdue payment in respect of credit card account, for which OPs issued a settlement offer dated 10.09.2007. Accordingly, the Complainant made payment along with Rs.300/ - as interest for delayed payment. In spite of such repayment in full, as per terms of the settlement, the OP/Bank issued a Demand Notice, claiming Rs.44,430.77/ - as overdue and an amount of Rs.4,157.12/ - was kept in 'on hold, on fund ', in the Complainant 's account. At the same time, the OP/Bank debited Rs.4,157.12/ -, on regular basis from the dividend warrant income deposited in the Complainant 's account in connection with D -mat account and in spite of repeated requests, the OP/Bank did not allow the Complainant to operate her account and did not regularize the account, even after complainant fulfilled the terms of the settlement offer. Hence, the complaint was filed before District Forum.

(2.) THE District Forum held the Complainant responsible for not repaying the settlement offer within the proper time, as stipulated in the said offer and dismissed the complaint.

(3.) THE State Commission allowed the appeal and directed the OP bank to allow the complainant to operate her account and also directed OP to pay compensation of Rs.20,000/ - plus Rs.5,000/ - as cost of litigation to the complainant.