SURESH CHANDRA GUPTA Vs. HDFC BANK LTD.

JUDGEMENT

(1.) Heard Ms. Simran Gill, Advocate, along with the petitioner.

(2.) Above revision has been filed against the order of Delhi State Consumer Disputes Redressal Commission, dtd. 1/3/2023, passed in First Appeal No.170 of 2014 (arising from the order of District Consumer Disputes Redressal Forum, New Delhi, dtd. 12/12/2013 passed in CC/635/2009), whereby District Forum allowed the complaint and directed the respondents to pay Rs.50000.00 to the complainant and State Commission enhanced to Rs.300000.00.

(3.) Suresh Chandra Gupta (the petitioner) filed CC/635/2009 for directing the respondents to (i) pay Rs.500000.00 as compensation; (ii) pay Rs.5670.00 towards dividend and Rs.1999.00 toward debit; (ii) pay litigation costs; and (iv) any other relief, which is deemed fit and proper in the fact of the case. The complainant stated that he had Saving Bank Account No.00321000043499, in HDFC Bank, branch Safdarjung Development Area, Delhi. The complainant applied for opening a depository account with Depository Services of HDFC Bank on 26/10/1999 and Depository Account No.1264997 was opened in his name. The complainant deposited 200 shares of the value of Rs.10.00 each on 20/1/2000. An employee of HDFC Bank filled up the request form and the complainant signed it. The complainant did not have his Demat Account number as such that employee checked it, from the computer and filled up in the request form. HDFC Bank issued acknowledgement of receiving the shares to the complainant. The complainant did not receive dividend of his shares then he made correspondence with HDFC Bank. In reply to the letter of the complainant dtd. 20/6/2007, HDFC Bank informed that dividend was paid to the complainant up to March, 2003. The complainant informed that he had not received any dividend either in his saving account or in Demat account. Then HDFC Bank checked it and vide letter dtd. 5/9/2007, informed that dividend were credited in Demat Account No.301151, of client No.12549947. Share Certificates are shown to have been lodged for dematerialization on 24/1/2000, in Demat Account No.301151 with client No.12786829. On further inquiry, it was found that one Suresh Chandra Gupta, R/o 147, Chhatrapati Nagar, Indore, M.P. was client No.12786829. HDFC Bank further debited Rs.1999.00 from the account of the complainant on the ground that he had not maintained minimum balance. In spite of repeated letters, the opposite parties did not make good the deficiency in service on their part as stated above. The complainant gave a legal notice dtd. 3/1/2009, of which the opposite parties gave a vague reply through notice dtd. 23/1/2009. Then the complaint was filed.