KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO . 852/06

JUDGMENT DATED : 24.11.11

PRESENT:

SHRI. M.V. VISWANATHAN                    : JUDICIAL  MEMBER

SHRI. M.K. ABDULLA SONA                 :  MEMBER

The Branch Manager

HDFC Bank Limited,

Chandranagar Branch,                              :  APPELLANT

Palakkad.

(By Advs. P. Sanjay & Parvathi Menon A.)

Vs

R.G. Venkitesh

M/s N.R. Sreenivasan,

Bharath Petroleum Dealers,                     :  RESPONDENT

XII/531, Coimbatore Road

Chandranagar, Palakkad.

(By Adv. Dhananjayan)

JUDGMENT

SHRI. M.K. ABDULLA SONA :  MEMBER

This appeal prefers from the order passed by the CDRF, Palakkad in CC No. 31/05 order dated 31.10.06. The appellant is the opposite party bank and respondent is the complainant.

2.      This appeal prefers from the direction by the Forum below that credit a sum of Rs.48,130/- by the opposite party bank to the complainant and to pay Rs.1,000/- to the complainant  as litigation fees within a period of 1 month from the date of communication of this order failing which the complainant is entitled to get the whole amount along with interest at 8% p.a from the date of filing the complaint.

3.           In short, this is a dispute raised in use a credit card with the bank account of the complainant by the customer of the complainant.  The complainant is a dealer of the Bharat Petroleum. They entered in an agreement with the opposite party bank which known as “agreement of Merchant Establishment. As per this agreement the complainant is approved the complainant as a establishment for the purpose of accepting payments on valid cards (Debit card and Credit card). As per the agreement with the card holder produces his card for the purpose of payment the merchant (complainant) who confirm.

1.                Whether the card is a valid card and the card is not listed under any warning bulletin or any restricted card bulletins.

2.                The card is an original card and bears logo, the name of the issuing bank, a genuine hologram of the issuing member organization and such other details as may be stipulated by the opposite party from time to time.

3.                The card is not mutilated or altered card.

4.                If the card is a photo card the complainant should verify that the photograph on the card matches with the card holder.

5.                The signature panel is a strip on the card is normal. The respondent/merchant should ensure that the signature of the card holder is obtained on the terminal sales record/ receipt and also verify the signature with the signature on the valid card. He should also verify the card, member on the terminal (receipt).

4.      As per the agreement, the complainant could keep a copy of the terminal sales records (receipt) of the transaction for at least 1 year and shall present to the appellant above request with in a specified period. As per the agreement if the appellant /bank that the complainant had committed a breech of agreement and acted dishonestly or fraud has been committed against the bank, the opposite party is entitled to suspend all payments. The complainant has violated the terms and conditions of the agreement with reference to a transaction of dated 14.12.04 for Rs.47,500/- was conducted by Swiping the card. I mention install at the premises of the complainant by the appellant/bank. Considering that transaction amount was higher, as compared to the transaction value that they possess at the merchant petrol Pump. The appellant /bank has to be the whole of the transaction and intimated with complainant or above and int