HDFC BANK vs Rahul Gas Agency

HDFC Bank has filed the present revision petition for setting aside the interim order dated 18.9.2002 passed by District Forum, Hisar in Complaint Case No. 549 of 2002 filed by the complainant -Rahul Gas Agency.

SHORTLY stated the facts of the case are that Rahul Gas Agency through its proprietor Manju Taneja has opened trading account bearing No. 15525600000875 with the petitioner -Bank after agreeing to the terms and conditions mentioned in the account opening form. On 17.9.2002 the petitioner wrote a letter to the complainant stating therein that the Bank has found that the account which the complainant was having with them have been doing certain cash transactions due to which the Bank may not be in a position to service efficiently the said account. Accordingly, the complainant was asked to close the account immediately and in case, not later than on 19.9.2002. The complainant was further asked to surrender the unused cheque leaves and A.T.M./Debit Cards issued to the complainant. It was also mentioned in the letter that if the account was not closed by the complainant, as stated in the letter, they shall be constrained to close the account and remit the balance amount to the complainant through cheque. Aggrieved by this action of the petitioner, the complainant filed the present complaint under Section 12 of the Consumer Protection (hereinafter referred as the Act) alleging that the opposite party No. 1 has threatened the complainant to close the bank account immediately without any fault committed by it. It was further pleaded that the Manager of the opposite party had been causing harassment to the complainant and has adopted non -cooperative attitude to the dealings of the complainant which has rendered it difficult to carry out any transaction with the Bank. Accordingly, it was prayed that the opposite parties be directed not to close the account of the complainant without any sufficient and genuine reason. The District Forum vide ex parte order dated 18.9.2002 directed the petitioner not to close the account of the complainant till further orders. It is against the said order, the present revision petition has been filed.

WE have heard the learned Counsel for the petitioner. The learned Counsel representing the respondent had put in appearance in this case on 28.4.2003 but he did not appear on the date of arguments. It has been contended by the learned Counsel for the petitioner that the order dated 18.9.2002 passed by District Forum is not only without jurisdiction but also not sustainable under the eyes of law being void ab -initio. He has further contended that while granting ex parte order necessary requirements of law have not been taken into consideration.

IN order to appreciate the submissions made, reference has been made to the impugned order which reads as under : ''This complaint presented today before me. File perused. Now it be registered and notice of it be issued to the respondents for 7.11.2002. The learned Counsel for the complainant has alleged that the respondents have issued a letter dated 17.9.2002 closing the account of the complainant, which according to the complainant is illegal and arbitrary one. Heard. The respondents are hereby directed not to close the account of the complainant bearing No. 15525600000875 of the complainant till further orders. Now to come up on 7.11.2002 for reply and for further proceedings.''

Primary requirement at the stage of grant of interim stay has been laid in Section 13(3B) of the Consumer Protection Act. It confer powers to the District Forum for grant of interim order ''if it appears to it necessary'' and ''just and proper in the facts and circumstances of the case.'' While passing impugned interim order, it appears that the District Forum had not given due consideration to the contents of the letter dated 17.9.2002 (A -3) whereby the complainant was informed to close his captioned account immediately and in any case not later than on 19th September, 2002. Relevant portion of the letter reads as under : ''A review of your above account with our Bank was undertaken. During the said review it was observed that the account has been doing certain cash transactions due to which the Bank may not be in a position to service efficiently the said account. In the circumstances and since we are not in a position to service the account, we request you to kindly close the captioned account immediately and in any case not later than 19th of September 2002, and surrender the unused cheque leaves and ATM/Debit Cards issued to you for the captioned account or confirm destruction of the same. In case the account is not closed by you before the aforesaid date, we shall be constrained to close the account unilaterally and send you the balance outstanding by means of a Managers cheque. Please also note not to issue any cheques drawn on the said account since the Bank may not be in a position to honour the said cheques after the closure of the account as indicated above.''

Instead of explaining the position to the opposite party in response to the letter dated 17.9.2002 received by the complainant, jurisdiction of the District Forum, Hisar was invoked by filing the complaint. It is admitted case of the complainant in para 6 of the complaint that the opposite party has threatened to close caption account of the complainant immediately but not later than on 19.9.2002. Therefore, up to the date when the complaint was filed, facility of operation of the account by the complainant with the opposite party -Bank had not been denied. It was pre -mature for the complainant to have invoked the jurisdiction of the District Forum. Further more, the District Forum failed to take into consideration the requirement of provisions of Section 13(3B) of the Act while passing the impugned order, which has resulted in miscarriage of justice to the petitioner and on this ground the impugned order is liable to be set aside.

IN fairness to the Counsel for the petitioner, he has also urged about the non -maintainability of the present complaint under the Act, want of jurisdiction of District Forum to try the complaint and no deficiency in service on the part of the petitioner under the Act. It deserves to be noticed that the impugned order was passed ex parte. Written statement of the petitioner has not come on record. Therefore, other questions raised have to be decided at the proper stage as required under the law.

FOR the aforesaid reasons, the present revision is accepted and the impugned order is accordingly set aside. No observations made by us in this order shall have any bearing on the merits of the case. Revision allowed.