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The Chandigarh District Consumer Commission directed HDFC Bank to release Rs 2 lakh frozen amount after a senior citizen was duped by fraudsters posing as police officers and claiming his son had been detained and awarded Rs 20,000 as compensation.
Noting that a senior citizen has been compelled to make numerous visits to the bank and has suffered harassment on account of the inaction of the bank, a bench of president Amrinder Singh Sidhu and member Brij Mohan Sharma awarded Rs 20,000 as compensation and litigation costs.
“The continued retention of the complainant’s money without any explanation or resolution, despite repeated approaches made by him, amounts to a deficiency in service. The complainant, a senior citizen, has been compelled to make numerous visits to the bank and has suffered inconvenience, mental agony and harassment on account of the inaction of the bank,” the commission said in an order dated June 9.
The complainant received a fraudulent phone call from unknown persons who falsely claimed that his son was in their custody after narcotic substances had allegedly been recovered from him. The miscreants further made the complainant speak to a person impersonating his son, who mimicked his voice and manner of speaking.
Under threats that his son would face serious consequences, the complainant was induced to transfer Rs 2,00,000 to the bank account of one Mihar Kumar Gupta. Acting under fear and distress, the complainant transferred the amount through a bank branch at Banur.
Subsequently, upon speaking with his son, he discovered that the entire story was false and that he had been cheated. The complainant immediately approached the bank branch and succeeded in getting the transferred amount frozen. He also lodged a complaint with the police and furnished a copy of it to the bank authorities.
Thereafter, the complainant repeatedly approached the HDFC Bank authorities seeking release of the frozen amount. Despite assurances from the bank on multiple occasions, the amount has not been released to the complainant. The complainant also submitted written letters to the bank requesting the release of the frozen amount. However, the bank authorities failed to take appropriate action.
The complainant’s account is maintained at the HDFC Bank branch situated in Chandigarh. Although the amount was frozen through another branch in accordance with banking guidelines relating to fraudulent transactions, the bank has failed to facilitate its release through the concerned branch.
Alleging that this act of the bank amounts to a deficiency in service, a consumer complaint has been filed by the complainant with a prayer to direct the bank to release the amount to the account of the complainant, compensation for mental agony and harassment, and costs of litigation.
This judgment establishes that a bank’s failure to release frozen funds after a fraud report constitutes a deficiency in service. It mandates banks to return money once formalities are met, protecting consumers, specifically senior citizens, from mental agony and financial harassment caused by institutional inaction
For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Chandigarh helpline: 0172-2700183) or call the National Consumer Helpline at 1915 for assistance.