As per the order from the National Consumer Disputed Redressal Commission (NCDRC), New Delhi, in a case when the credit card holder of HDFC Bank fails to make the repayment then may without informing the customer may settle the dues by withdrawing from the credit card holder's savings bank account with the bank. HDFC Bank in the terms and conditions says "The bank, at any time and without notice, will have lien and right to set-off on all monies belonging to the Cardmember and/or add on Cardmember standing to their credit in any account/custody of the bank, if upon demand by the bank, the balance amount on the card account is not repaid within the prescribed time."'
The similar stand was made in a case of dispute between HDFC Bank and Anish Munjal and what the Commission held the view on the matter:
Anish Munjal had an account with Centurian Bank of Punjab which was later acquired by HDFC Bank and as there were outstanding dues to be paid by Anish against his credit card, bank adjusted the same by withdrawing the amount from his savings account. And in the case aggrieved Anish approached the distict court and the later ruled the case in his favour while the bank held that the credit card dues having not been paid, they were justified in deducting the same from the saving bank account of the respondent." Then the bank appealed against the order of district forum before the state commission which was also dismissed in the favour of the customer. Lastly, the bank approached the NCDRC.
The NCDRC pointed out that that Clause-6 of the terms and conditions basis which the credit card was issued allowed the bank to set-off dues of the cardmember from his savings account with the bank without any notice. The commission, hence, set aside previous orders against the bank. It said, "In view of the aforesaid clause, the petitioner bank was entitled to set off the credit card dues at any point of time, without any notice to the complainant. Therefore, deduction of the amount of Rs.53,043.68 from the saving bank account of the complainant was in consonance with the above referred condition stipulated by the bank, while issuing the credit card to the complainant/respondent."