LAWS(NCD)-2017-12-17

HDFC BANK LIMITED Vs. MOHD. AZIM

Decided On December 05, 2017
HDFC BANK LIMITED Appellant
V/S
Mohd. Azim Respondents

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 01.08.2016, passed by the Delhi State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission") in First Appeal No. 185/2016, filed by the present petitioner, vide which, while dismissing the appeal, the order dated 03.02.2016, passed by the District Consumer Disputes Redressal Forum, Delhi, in Consumer Complaint No. 797/2015, filed by the present respondent, allowing the said complaint, was confirmed.

(2.) The facts of the case are that the respondent/complainant Mohd. Azim opened a shop known as M/s. Qutab Electricals at Mehrauli, New Delhi and also opened a current account, bearing no. 50200002819091 with the opposite party (OP)/petitioner, HDFC Bank in the name of M/s. Qutab Electricals. The complainant obtained a licence on 12.05.2015 for electrical contractor from the Government of NCT of Delhi. Further, the complainant wanted to get himself enlisted with the Municipal Corporation of Delhi (MCD) as class-IV Electrical Contractor. One of the formalities to be completed for submitting an application for the same was to obtain a certificate from the Bank as per the instructions contained in the relevant brochure. Alleging that the OP Bank refused to issue the requisite certificate as per his requirement, the complainant filed the consumer complaint in question, seeking directions to the OP Bank to issue the said certificate and also to pay compensation @ Rs. 1 lakh for mental harassment etc. alongwith Rs. 20,000/- as litigation cost.

(3.) Despite notice, the Bank could not put in appearance before the District Forum, which decided the case ex-parte on 03.02.2016 and gave directions to the Bank to issue the certificate on the prescribed form, saying that he was maintaining the specified balance in his account. The District Forum also awarded compensation of Rs. 10,000/- to the complainant. Being aggrieved against the order of the District Forum, the Bank challenged the same by way of an appeal before the State Commission. The said appeal having been dismissed vide impugned order dated 01.08.2016, the OP Bank is before this Commission by way of the present Revision Petition.