ARUN BHATIYA versus HDFC BANK & ORS.

ARUN BHATIYA versus HDFC BANK & ORS.

A person who avails banking services is a 'consumer' under the Consumer Protection Act, 1986; the SCDRC erred in declining to entertain the complaint on the basis that the dispute was between the appellant and his father, and the complaint alleging deficiency of service against the bank was maintainable before consumer fora; the NCDRC orders dismissing/denying review were set aside and the appeal restored to the NCDRC to decide the dispute on merits.

Parties
Appellant: Arun Bhatiya; Respondent: HDFC Bank & Ors.
Jurisdiction
India
Judgment Date
08 August 2022
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against Orders of the NCDRC Dated 7 May 2019 and 25 July 2019 (review and Dismissal)
Outcome
Appeals allowed; orders of the NCDRC dated 7 May 2019 and 25 July 2019 set aside; First Appeal No.2262 of 2018 restored to NCDRC for disposal on merits.
Legal Topics
Deficiency of Service, Maintainability, Jurisdiction of Consumer Fora, Joint Fixed Deposit
Consumer Protection Banking Law Deficiency of Service Maintainability Jurisdiction of Consumer Fora Joint Fixed Deposit

Case Brief

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Parties

Arun Bhatiya

Appellant

HDFC Bank & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against Orders of the NCDRC Dated 7 May 2019 and 25 July 2019 (review and Dismissal)

Legal Issues

  1. 1 Whether a person who avails banking services is a 'consumer' under the Consumer Protection Act, 1986
  2. 2 Whether the SCDRC was correct in declining to entertain the consumer complaint on the ground that the dispute was between the appellant and his father and thus a civil dispute
  3. 3 Whether crediting proceeds of a joint fixed deposit exclusively to the account of one joint holder contrary to instructions amounts to a deficiency of service

Ratio Decidendi

A person who avails banking services is a 'consumer' under the Consumer Protection Act, 1986; the SCDRC erred in declining to entertain the complaint on the basis that the dispute was between the appellant and his father, and the complaint alleging deficiency of service against the bank was maintainable before consumer fora; the NCDRC orders dismissing/denying review were set aside and the appeal restored to the NCDRC to decide the dispute on merits.

Court Disposition

Appeals allowed; orders of the NCDRC dated 7 May 2019 and 25 July 2019 set aside; First Appeal No.2262 of 2018 restored to NCDRC for disposal on merits.

Orders

  • The orders of the NCDRC dated 7 May 2019 and 25 July 2019 are set aside; First Appeal No.2262 of 2018 is restored to the file of the NCDRC
  • The entirety of the dispute shall be resolved on merits by the NCDRC