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2025 Supreme(Online)(SCDRC) 4432

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
H.D.F.C. BANK & ORS – Appellant
Versus
SANJEEV KUMAR KAINTH – Respondent
SC/3/RP/82/2024



STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Revision Petition No.82 of 2024 Date of Institution : 13.10.2024 Date of Reserve : 21.01.2025 Date of Decision : 23.01.2025

1. HDFC Bank Ltd., Banga Road Branch, Nawanshahar, Tehsil Nawanshahar, Distt. Shaheed Bhagat Singh Nagar through its Branch Manager.

2. HDFC Bank Ltd., Corporate Office, HDFC, House, H.T. Parekh Marg, 165-166, Backway Reclamation, Churchgate, Mumbai-

400020.

3. HDFC Bank Ltd., Registered Office, Raman House, H.T. Parekh Marg, 165-166, Backway Reclamation, Churchgate, Mumabi-

400020.

All through Sh.Sandeep Singh Saggu, working as Branch Manager, HDFC Bank Ltd., Banga Road, District SBS Nagar.

……..Petitioners/Opposite Parties Versus Sanjeev Kumar Kainth, aged about 48 years son of Tirath Ram, Resident of House No.226, Street No.3, Teacher Colony, Nawanshahar, Tehsil Nawanshahar, Distt., Shaheed Bhagat Singh Nagar.

……..Respondent/Complainant Revision Petition filed under Section 47 (1) (b) of the Consumer Protection Act, 2019, against order dated 04.09.2024 passed by the District Consumer Disputes Redressal Commission, SBS Nagar.

Quorum:-

Ms. Simarjot Kaur, Presiding Member Present:-

For the petitioners : Sh.Nitin Thatai, Advocate (through VC)

For the respondent : None SIMARJOT KAUR, PRESIDING MEMBER The present Revision Petition has been filed by the Petitioners/OPs to challenge the impugned order dated 04.09.2024 passed by the District Consumer Disputes Redressal Commission, SBS Nagar (in short the “District Commission”), whereby the District Commission had issued directions to OP No.1 to unfreeze the account in dispute of the Complainant, immediately and debit the amount of Rs.4750/- and credited to concerned beneficiary

2. It would be apposite to mention here that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Petitioners in the Revision Petition are that the Petitioner i.e. HDFC Bank Ltd., had received a notice under u/s 91 & 102 Criminal Procedure Court dated 18.12.2023 through email dated 10.04.2024 from Hulimayu Police Station, South East Division, Bangalore City, to the effect that an online fraud case had been registered against the Complainant in the aforesaid Police Station. The contents of the said email were intimated through “Nodal Officer” of HDFC Bank and it was marked as “Urgent”. It was mentioned in the said notice that the bank account of the Complainant was under suspicion/scanner for the said online offence/fraud. Hence, HDFC Bank Ltd., was directed to debit freeze the bank account No.50200038318500 in following terms:

“After debit freeze intimate the account holder to contact investigation officer/45th ACMM Court Bangalore”.

It has been mentioned in the Revision Petition that on receipt of notice/email, the Petitioner Bank had informed/intimated the Complainant about the ongoing proceedings on the same day i.e.

10.04.2024.

4. In reply, the Petitioners/OPs Bank had stated that since the Complainant was well aware that his bank account had been frozen/put on hold as per the directions of the Bangalore Police. Therefore, he should have disclosed this fact in the Consumer Complaint. In addition to it he should have also impleaded Bangalore Police as party in the Complaint. It has been mentioned in the Revision Petition that the District Commission without application of its judicious mind and without deciding the aforesaid Application to implead and hear the necessary party had ordered to unfreeze the Bank account of the Complainant, immediately and debit the amount of Rs.4,750/- and credit the same to the concerned beneficiary. Hence, the Petitioners have filed the Revision Petition to set aside the order dated 04.09.2024.

5. Aggrieved by the order dated 04.09.2024 passed by the District Commission, the Petitioners/OPs have filed the present Revision Petition for setting aside the said order. The relevant part of the o

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