ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not furnishing the credit card statement dated 05.02.2012 and also demanding the amount as due and for revoking the negative credit rating given for listed to CIBIL and also for damages of Rs.5,00,000/- for causing him mental agony, inconvenience and unreasonable unjust demand and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The complainant obtained a credit card from OP 1 and was paying regularly the amount as and when it fell due by sending the cheque through courier or by airways and also assist OP in tracking the shipment. He used to get the credit card statement on 5^th of every month.  He did not receive the statement dated 05.02.2012.  However he received the credit card statement subsequently. In the credit card statement 05.03.2012 OP has claimed Rs.9,858.85 as outstanding.  The said demand surprised him. He made several email requests to the OP to send the credit card statement dated 05.02.2012. OP did not furnish the same inspite of request.  Thereafter complainant moved to Chennai on 01.05.2012 and did not follow up regarding his request.  

3.      During 2019 when he sought for a personal loan from financial institution he was surprised to see his credit rate from CIBIL as low on account of reporting by OP regarding nonsettling the dues.  Immediately he corresponded with the OP and he was informed that the outstanding amount is Rs.1,52,298.89.  Further OP informed him that they are ready to settle for a sum of Rs.87,000/- if the said amount is paid in one lump sum.  Inspite of his request to send the credit card statement for the period 05.02.2012 OP did not provide the said statement nor gave any satisfactory reply. He had to issue a legal notice date 08.11.2019 which was received on 13.11.2019 and the same was returned without any reply. There is gross negligence and error on the part of OP in not sending the credit card statement of 05.02.2012 and not replying his emails and returning the legal notice and further claiming Rs.1,52,298/- as due.  The act of OP affected his ability to seek financial assistance.  The conduct of OP is malafide and to extort money from him.  The cause of action for the complaint arose in the year 2019 when his CIBIL rating was low due to unsettle dues.  The same has put him to suffer mental agony and distress.  Further he has suffered technical loss of Rs.50,000/- in seeking legal assistance and has spent more money and time in corresponding with OP.  Since there is deficiency in service, prayed the Commission to allow the complaint.

4.      Upon the service of notice, OP appeared before the Commission and filed its version contending that the complaint filed before this commission is barred by time as per section 24A of the C.P. Act 1986.  No application to condone the delay is also filed.  The complainant has been drafted cleverly by the complaint to avoid the point of limitation.  The attempt of the complainant in filing this complaint is abuse of process of law.  OP has always co-operated with the complainant and acted bonafide in discharging its duties. The allegations made in the complaint are untenable, unjustifiable and uncalled for.  There is no deficiency in service or negligence on its part.  Approach of the complaint is not with clean hands and do not disclose the true and real facts.  The complaint is filed against OP in order to pressurize the bank to fulfill the malafide intention.

5.      It is submitted that the complainant is a holder of credit card bearing No.4541-9823-2964-1935 and the limit was fixed at Rs.52,500/-.  It is not within the knowledge as to complainant moving to Chennai on 01.05.2012.  It is stated that the complainant was having a balance of Rs.1,954/- as per the statement dated January 5^th 2012. The payment due date was 29^th January 2012.  The complainant having balance of Rs.9,858.95 towards his credit card as per the statement dated 05^th March 2012. The payment of the said amount was immediate.   The February 2012 statement was not triggered or generated to the complainant due to security reasons as the replacement card was dispatched to the complainant address through speed post as the complainant’s address was not accessible through courier.  Hence there was temporary block was placed for the period 27^th January 2012 till 7^th February 2012. From March 2012 onwards every months credit card statement was being sent to customer’s address on regular basis to the registered address of the complainant.   

6.      The statement sent to complainant address has not been returned and delivered.  Except for the month of February 2012, complainant has received the remaining statements.  There was an outstanding Rs.1,52,298.89 ps., payable by the complainant.  The reason for low credit score is only because of nonpayment of the dues by the complainant. Inspite of the complainant having knowledge of nonpayment of the bill for the bill period dated 05.02.2012, complainant has himself to be blamed for the low credit score.

7.      OP is governed and bounded by the RBI guidelines. For the nonpayment or partial payment towards the outstanding due of credit card before the schedule due dates applicable late fee charges will be levied. Even interest on the late payment partial payment, no payment, cash withdrawn, will be levied.  Since the payment has not been received by the complainant for the said period, the charges have been levied to the complainant’s account and the same has been communicated to the complainant.  The rules and regulations of the card member and repayment have been uploaded in the website.  When he is using the credit card for commercial transactions, it is deemed that he knew the due towards the OP.  

8.      As per the statement dated April 5^th 2012 the outstanding and on card account ending 1935 was Rs.34,257.40.  The said amount was to be paid immediately.  However no payment was made by the complainant in that respect.  Hence all the belated charges interest, late payment charges were levied.  OP bank arranged to share the details of the transaction done by the complainant for the bill dated February 2012 separately and also informed that the same can be viewed over internet banking facility and the option to use the same was available in transaction history option. Inspite of it, Intentionally complainant failed to make the payment.

9.      It is contented that the complainant approached the bank in July 2019 in respect of the outstanding due amount in respect of his credit card account with regard to the non receipt of the statement for February 2012.  Email response and reply has been sent to the complainant. Since the card account was not regular and no payment received from the customer over a considerable period of time, the officers of the bank interacted with the customer for a settlement.  The settlement offered to the complainant was for lessor amount against the actual outstanding i.e., for Rs.87,000/-.  However the complainant refused to honor the said offer.  The complainant is unnecessarily misleading the forum making false allegation. Complainant has knowledge of his due for the month of February 2012 itself and has not taken steps to clear the outstanding inspite of several reminders. Hence actual cause of action has arisen in the year 2012 itself, whereas after delay of seven years the complainant has filed this complaint with malafide intention and there is no cause of action for the complaint. Hence prayed the Commission to dismiss the complaint.

10.    In order to prove the case, both the parties filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complaint filed is within the limitation?

2) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

3) Whether the complainant is entitled to the relief prayed for in the complaint?

11.   Our answers to the above points are:-

POINT NO.1:            In the Negative

POINT NO.2 & 3:     Do not survive for our

consideration for the following.

REASONS

12.   POINT No.1, 2 AND 3:-

   Perused the complaint, version, affidavit evidence and the documents produced by respective parties.  It is not in dispute that the complainant is a credit card holder of OP and was transacting frequently by using the said credit card.  It is also not in dispute that the statement for the month of February 2012 pertaining to the transactions for the month of January 2012 has not been given to the complainant.  It is well admitted by the OP in the version itself that due to technical problem, the statement for the month of January 2012 to be sent to the complainant in the month of February 2012 has not been generated/triggered and could not be issued to the complainant whereas the statement for the month of March 2012 has been issued.  OP has produced the statement issued to the complainant for the month of January and February 2012 wherein, it is clearly mentioned that the previous balance is Rs.9,858.95 purchases for the month Rs.23,000.00 the other charges Rs.192/- and Rs.1,490.46 totaling to Rs.34,257.40.  From this it becomes clear that for January and February transactions the complainant was due Rs.9,858.95.  Subsequently when the amount was not paid by the complainant, the balance is added to the subsequent transactions and payments.  OP has regularly adding the interest on interest and other charges for the delay in paying the amount. 

13.   It is to be noted here that the complaint is filed in the year 2019.  It is the case of the complainant that when he applied for loan he came to know that his CIBIL score was less and when he enquired, it was due to nonpayment of the credit card payments to OP and he approached OP and enquired about the same and was informed that the amount was not paid by him.  It is also the case of the OP that it has issued the statement demanding OP to pay a sum of Rs.1,52,298/- towards the arrears of the said amount.  On perusing the entire account statement produced by the OP from March onwards the said amount of Rs.34,257/- which includes the arrears of previous balance for the months of January 2012 and February 2012 has not at all been paid. In view of the same the OP calculated the interest the delay charges on the balance of amount and demanded Rs.1,52,298/-. In the correspondences between the complainant and the OP which is marked as Ex.P1 he has reiterated his concern again referring to the statement generated on February 2012 as under;

“I Vijay Kumar Appam, bearing card No.4541 9823 3964 1935 have been trying to connect with the SCB CSE for assistance on my Jan’12 transaction statement that is generated on 05Feb’12 which I haven’t received till date.”

14.   Again on April 7^th he has raised the same issue and informed that he could not get the details even though he called many a times.  He requested in his letters for the statement of 5^th February 2012.  The last correspondence in respect of the same was done on May 1^st 2012. Afterwards only in the year 2019 when his credit score has come down, he made a request to the OP again regarding the credit card account.  It is mentioned in the reply to the letter addressed to the OP that “your credit card account has permanently invalidated owing to the nonpayment of the outstanding dues for a considerable period of time.” On reviewing your card account we find that you have been affecting either partial /no payment towards the outstanding dues. Hence financial charges were debited to your account.” In view of the above we regret our inability to reverse the charges billed to the card amount.  

15.   The complainant was very well knew that he has not paid the amount due for January and February 2012.  It is true that it was the duty of the OP to provide him the statement for each and every month.  Inspite of the lapse on the part of OP in not furnishing the statement for the month of January to be issued in the month of February, complainant was very well aware of the amount he has spent through the credit card issued by OP and ought to have paid the amount in time.  Even if he has not received the said account statement.  As a prudent man he ought to have deposited the amount of Rs.9,858.89 when he had received the statement during 5^th march 2012.  Even subsequent statement also showed that the complainant is due the said amount. Inspite of knowing the same, and paying some amount towards the other transactions, he kept quite to clear the balance of the amount he has spent through using his credit card.  In view of this the cause of action for the complainant to file the complaint arose from February 2012 and onwards.  The complainant filed this complaint only in the year 2019 itself, by issuing a letter raising his grievance to the grievance redressal cell.  Any number of correspondences do not give raise to fresh cause of action. In view of this the complaint filed is barred by the time prescribed u/s 24A of the Consumer Protection Act.

16.   Without expressing our view in respect of the dues the complaint owes to OP and regarding claim of penalty, delay charges, interest, we answer Point No.1 in the negative and in the result we opine that there is no necessity for us to answer point NO.2 and 3.  Hence we pass the following;

ORDER

1. Complaint is Dismissed.
2. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be weeded out/destroyed.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 15^TH DAY OF NOVEMBER 2021)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Email correspondences between complainant and OPs (6 in pages)

Ex P2: Copy of the legal notice dated 08.11.2019

Ex. P3: Postal receipts

Ex P4: Postal track consignment

Ex P5: Email correspondences between complainant and OPs (5 pages) filed along with application U/O VII Rule 14 R/W Sec.151 CPC

Es P6: Affidavit Certificate u/s 65B of the Indian Evidence Act.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

• NIL -

Copies of Documents produced on behalf of Opposite Party/s

• NIL -

MEMBER                                        PRESIDENT