Date of Filing : 11.01.2010
Date of Order : 29.01.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.24/2010
FRIDAY THIS 29TH DAY OF JANUARY 2016
Dr. Alex Anand Daniel Thomas,
S/o. Mr. Daniel Thomas,
153, First Floor, 18th Cross Street,
Telephones Nagar,
Perungudi,
Chennai – 96. .. Complainant.
..Vs..
1. ABN AMRO Bank Limited,
Rep. by its Branch Manager,
KRM Towers,
1, Horrington Road,
Chetpet, Chennai 600 031.
2. ABN AMRO Bank N.V.
Rep. by its Managing Director,
Hansalaya,
P.O.Box 416, G.P.O.,
No.15, Barakhamba Road,
New Delhi 110 001.
3. Reliance General Insurance Co. Ltd.,
Rep. by its Manager,
C-151 Okhla Industrial Area,
Phase-I,
New Delhi 110 020. ..Opposite parties.
For the Complainant : M/s. V.Tamilselvi & another
For the Opposite parties 1 & 2 : M/s. Umapathi & another
For the opposite party-3 : M/s. Eweera Ravindran
Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite parties to return a sum of Rs.5,000/ together with interest and also to pay a sum of Rs.5,00,000/- for the mental agony, physical strain & damages and cost of the compliant to the complainant.
ORDER
THIRU. B. RAMALINGAM PRESIDENT
The case of the complainant is briefly as follows:-
1. The complainant states that he was availed two credit card facilities bearing No.5425 0513 1373 9194 & 5425 0513 1373 9228 respectively with the 1st and 2nd opposite parties bank, for the said two credit card facilities the complainant has taken health wise polices of 3rd opposite party, for which monthly premium payable is Rs.395/- each. Among the said two credit card facilities one of the credit card account bearing No. 5425 0513 1373 9194 was closed and also in respect of the same was also cancelled at the request of the complainant on 28.8.2008. As per the statement of account in respect of the said credit card account as on 28.8.2008 the balance amount is to be paid by the complainant is Rs.7130.76 and the same was paid by the complainant to the 1st and 2nd opposite parties on 7.9.2008. According to the complainant after the payment of entire balance on the date of closing of the account, the complainant need not pay any amount towards policy for the said account. Contrary to this the opposite parties 1 & 2 have collected from 7.2.2009 to 7.11.2009 a sum of Rs.395/-p.m. total Rs.3950/- which is illegal and amount to deficiency of service on the part of the opposite party. As such the complainant sought for claims to return a sum of Rs.5,000/ together with interest and also to pay a sum of Rs.5,00,000/- for the mental agony, physical strain & damages and cost of the compliant to the complainant. Hence the above complaint.
Written version of opposite parties 1 & 2 are as follows:-
2. It denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The 1st and 2nd opposite parties states that on the request of the complainant the complaint mentioned credit card account No. 5425 0513 1373 9194 was closed on 28.8.2008. On the date the complainant has to pay a sum of Rs.7130.76, whereas the complainant has paid the said amount only on 7.9.2008, as per the terms and conditions of the said account the complainant is liable to charge interest for the amount due in the said account. Accordingly since the complainant has paid the said amount on 7.9.2008 on the date in the said account the complainant has to pay a sum of Rs.7743.19. Accordingly the complainant has to pay a balance of Rs.442.19. Further the opposite party has not clearly stated any reply in respect of the allegation made against the opposite parties 1 & 2 that they have charged for Rs.395/- p.m. from 7.2.2009 to 7.11.2009 totaling for Rs.3950/-. Therefore we are of the considered view that according to the opposite parties 1 & 2 the outstanding on the said credit card of the complainant is Rs.7743.19 which is payable to the opposite party bank. The total payment made by the complainant is Rs.7301/- which is less than payable amount of the said credit card account. As far as the complaint mentioned account bearing No. 5425 0513 1373 9194 is concerned the policy was closed on 28.8.2008. At the request to the complainant by the opposite parties 1 & 2 as on date the amount due in their account is Rs.7301/. Whereas the complainant has paid the said amount to the opposite party on 7.9.2008, as such the said account has been completely paid and no due as on the said date. Hence there is no deficiency of service on the part of the opposite parties 1 to 3. Therefore this complaint is liable to be dismissed as not maintainable.
Written version of 3rd opposite party is as follows:
3. It denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The opposite party-3 states that the complainant as a Credit card holder of opposite parties 1 & 2 was issued Reliance Health wise certificate Nos.2825 5009 3759 and 2825 5009 3759 under Group policy availed by the bank. The complainant sought for cancellation of one of the certificates. Acting on the said instruction, the opposite party had accordingly effected cancellation and a sum of Rs.7130.76p towards premium refund had been credited to the complainant on 28.8.2008 as confirmed by the 1st opposite party email to the complainant and his statement of accounts. Hence as far as the 3rd opposite party is concerned there is no lapse or omission. The 3rd opposite party has no control over activities and transactions between the complainant and the opposite parties 1 & 2. The debiting of premium by the bank in monthly card Statement even after cancellation and refund by the 3rd opposite party cannot be a ground for alleging deficiency in service as against the 3rd opposite party. Therefore this complaint is liable to be dismissed.
4. Complainants has filed his Proof affidavit and Ex.A1 to Ex.A10 were marked on the side of the complainant. Proof affidavit of Opposite parties filed and Ex.B1 & Ex.B2 were marked on the side of the opposite parties.
5. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs asked for?.
6. POINTS 1 & 2 : -
Perused the complaint filed by the complainant, written version filed by the opposite party, proof affidavit filed by the complainant and the opposite parties and Ex.A1 to Ex.A10 filed on the side of the complainant and Ex.B1 & Ex.B2 filed on the side of the opposite parties and also considered the both side arguments.
7. There is no dispute that the complainant was availed two credit card facilities bearing No.5425 0513 1373 9194 & 5425 0513 1373 9228 respectively with the opposite parties bank, for the said two credit card facilities the complainant has taken health wise policies of 3rd opposite party, for which monthly premium payable is Rs.395/- each. Among the said two credit card facilities one of the credit card account bearing No. 5425 0513 1373 9194 was closed and also in respect of the same was cancelled at the request of the complainant on 28.8.2008. As per the statement of account in respect of the said credit card account as on 28.8.2008 the balance amount is to be paid by the complainant is Rs.7130.76 and the same was paid by the complainant to the 1st and 2nd opposite parties on 7.9.2008.
8. According to the complainant after the payment of entire balance on the date of closing of the account, the complainant need not pay any amount towards policy for the said account. Contrary to this the opposite parties 1 & 2 have collected from 7.2.2009 to 7.11.2009 a sum of Rs.395/-p.m. total Rs.3950/- which is illegal and amount to deficiency of service , as such the amount has to be refunded to the complainant and also claim compensation against the opposite parties 1 & 2.
9. Whereas the opposite parties 1 & 2 have contended that on the request of the complainant the complaint mentioned credit card account No. 5425 0513 1373 9194 was closed on 28.8.2008. On the date the complainant has to pay a sum of Rs.7130.76, whereas the complainant
has paid the said amount only on 7.9.2008, as per the terms and conditions of the said account the complainant is liable to charge for interest for the amount due in the account. Accordingly since the complainant has paid the said amount only on 7.9.2008, on the date in the said account the complainant has to pay a sum of Rs.7743.19. Accordingly the complainant has to pay a balance of Rs.442.19. Further the opposite party has not clearly stated any reply in respect of the allegation made against the opposite parties 1 & 2 that they have charged for Rs.395/- p.m. from 7.2.2009 to 7.11.2009 totaling for Rs.3950/-. Therefore we are of the considered view that according to the opposite parties 1 & 2 the outstanding on the said credit card of the complainant Rs.7743.19 which is payable to the opposite party bank. The total payment made by the complainant is Rs.7301/- which is less than payable amount of the said credit card account. As far as the complaint mentioned account bearing No. 5425 0513 1373 9194 is concerned the policy was closed on 28.8.2008 at the request of the complainant by the opposite parties 1 & 2 as on date the amount due in their account Rs.7301/-, whereas the complainant has paid the said amount to the opposite party on 7.9.2008, as such the said account has been completely paid and no due as on the said date. Contrary to this the opposite parties claiming a balance of Rs.442.19 as due, as per the terms and conditions of the said account had made late payment charges is not acceptable.
10. Further the complainant has raised allegation against the opposite parties 1 & 2 that they have collected even after closing of the said account Rs.395/- p.m. for the period from 7.2.2009 to 7.11.2009 totaling a sum of Rs.3950/- and the same was debited in his account by them for which the complainant has not proved any documentary evidence on producing the accounts copies. The opposite parties 1 & 2 have also not contended in this case that they have collected such amount from the complainant by debiting the said amount in his account. Therefore the allegation made by the complainant in respect of illegal collection of Rs.3795/- is not proved and claim made by the complainant is not valid and seeking refund of the said amount or roughly a sum of Rs.5,000/- is also not valid and the complainant is not entitled for the same. However the opposite parties stating that even after closing the complaint mentioned credit card account on 28.8.2008 and necessary payment of the said due for the account by the complainant was made on 7.9.2008 itself and the complainant is to pay a sum of Rs.442.19 as on date and also liable to pay late charges as per the terms and conditions of the account are all not sustainable, such unsustainable claim amount against the complainant would have caused mental agony and hard ship to the complainant is acceptable.
11. Therefore we are of the considered view that as contended by the complainant that the complainant is not due any amount under the complaint mentioned credit card No. 5425 0513 1373 9194 which is closed on 28.8.2008 and the balance amount of the said account was paid on 7.9.2008 itself. Contrary to this the claim by the opposite parties a balance of Rs.442.19 as on 7.9.2008 and late charges for the said amount is due by the complainant under the said account is not sustainable and demand of such unsustainable amount against the opposite parties in respect of the said complaint mentioned credit card account which caused mental agony and hardship to the complainant and as such the opposite parties 1 &2 are jointly and severally liable to pay a sum of Rs.5,000/- as just and reasonable compensation and also to pay a sum of Rs.5,000/- as litigation charges to the complainant. Accordingly the points 1 & 2 are answered in favour of the complainant.
The complaint is partly allowed. This forum declared that no amount is due by the complainant to the opposite parties 1 & 2 under the complaint mentioned credit card No.5425 0513 1373 9194 as the same has been closed on 28.8.2008 and the due amount was paid by the complainant on 7.9.2008.
Further the opposite parties 1 & 2 are jointly and severally directed to pay a sum of Rs.5,000/- (Rupees Five thousand only) as compensation and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as cost of litigation to the complainant within six weeks from the date of this order failing which the above compensation amount (Rs.5,000/) shall carry interest at the rate of 9% per annum from the date of order passed till the date of realization and accordingly this complaint against the 3rd opposite party is dismissed.
Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the 29th day of January 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 23.5.2008 - Copy of Personal Accident Insurance Policy
a/w premium certificate.
Ex.A2- 24.5.2008 - Copy of Personal Accident Insurance Policy a/w
Premium certificate.
Ex.A3- - - Copy of Reliance Health wise policy card.
Ex.A4- - - Copy of correspondence of complainant through email
Ex.A5- 7.8.2008 - Copy of statement of accounts issued by the
Opposite parties.
Ex.A6- 7.9.2008 - Copy of statement of accounts issued by the
Opposite parties.
Ex.A7- 27.4.2009 - Copy of statement of accounts issued by the
Opposite parties.
Ex.A8- 27.5.2009 - Copy of Statement of accounts issued by the
Opposite parties.
Ex.A9- 7.6.2009 - Copy of statement of accounts issued by the
Opposite parties.
Ex.A10-7.11.2009- Copy of statement of accounts issued by the
Opposite parties.
Opposite parties’ Exhibits:-
Ex.B1- - - Copy of House tele verification sheet.
Ex.B2- - - Copy of Smart Gold Card.
MEMBER-I MEMBER-II PRESIDENT.
