BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD.

F.A.No.902/2012 against C.C.No.881/2011 District Forum-I, Hyderabad.

Between

Samala Janga Reddy S/o.late Krishna
Reddy, aged about 33 years, Occ:Business,
R/o.Plot No.61, Road No.2, Behind HDFC
Bank, Lecturer’s colony, Hayathnagar
Ranga Reddy District. Appellant/
Complainant

And

1. The Chief Manager,
City Bank, TCS, 1st floor,
Somajiguda, Rajbhavan Road,
Near Satyam Office, Hyderabad-500 001.

2. The Manager,
Customer Care, City Bank,
PO Box No.4830, Anna Salai PO,
Chennai-600 002. Respondents/
Opposite parties
Counsel for the Appellant : M/s C.V.Sudheer

Counsel for the Respondents: Mr.S.Nagesh Reddy

QUORUM: SMT.M.SHREESHA, HON’BLE Incharge President
AND
SRI S.BHUJANGA RAO, HON’BLE MEMBER.

TUESDAY, THE TWENTIETH DAY OF AUGUST
TWO THOUSAND THIRTEEN
Order (Per Smt.M.Shreesha, Hon’ble Incharge President)
***
Aggrieved by the order in C.C.No.881/2011 on the file of District Forum-I, Hyderabad , the complainant preferred this appeal.
The brief facts as set out in the complaint are that the complainant has a credit card issued by the opposite party bank 3 years ago with a credit limit of Rs.1,13,000/- against which the OP sanctioned the personal loan of Rs. 3 lakhs which had to be repaid in 24 monthly instalments with interest at Rs.16,162/- per month. The complainant submits that he cleared the personal loan account in November, 2010 and has utilized the entire credit limit of Rs.1,13,000/- in October, 2009 but due to financial constraints could not clear the outstanding credit limit of his card. Thereafter the complainant was asked by the bank to pay Rs.23,000/- initially and the balance in 24 monthly instalments. The complainant was paying the EMIs without any default but thereafter noticed that there were some illegal transactions made by some unknown persons for an amount of Rs.15,000/- on 28-1-2010 plus Rs.3850 plus Rs.3850 on 29/1/2010 and 30/1/2010, and 1108.60 plus 556.85 on 31-1-2010 totalling to 24,356/-.
The complainant submits that the opposite parties have reversed a part of the illegal transaction i.e. Rs.15,000/- but kept the other transactions pending. The complainant once again brought to the notice of the opposite parties one more illegal transaction of Rs.3850/- on 20-2-2010. Thereafter the complainant received a call from one Santosh Yadav on 30-2-2010 demanding that the complaiant pay Rs.10, 000/- and the complainant was constrained to deposit Rs.3,500/- on the same day. Thereafter the complainant got issued a legal notice on 03-4-2010 for which opposite parties replied on 16-6-2010 but once again the monthly statement dated 19-8-2010 two more illegal transactions of 19-7-2010 were listed. The complainant noticed some more illegal transactions made in the month of March, 2010 which have not yet been reflected in the monthly statement of credit card account for August, 2010. The complainant submits that he has never used his credit card for Rs.7698/- which was added to the statement of account and an outstanding of Rs.15,892/- is shown for which the complainant sent another legal notice dated 15-4-2011 for which opposite party 2 sent a reply on 18-5-2011 without settling the matter. The complainant sought to know how an illegal transaction made for Rs.15,000/- in January, 2011 by some unknown persons is reflected in the monthly statement of account dated 19-5-2011 after 4 months of blocking the credit card. The credit card of the complainant was closed from 19-7-2011 and his payment records were informed to CIBIL. The complainant submits that his credit card was blocked on 29-4-2010 itself as per the reply to the notice dated 18-5-2011 but still the opposite parties were sending continuous reminders and as on 19-7-2011, the complainant is due Rs.72,00