1. Jeevan Ballav Panda, Advocate,

            Khaitan & Co. Co LLP, Advocates & Solicitors,

            Emerald House (2^nd Floor), 1B, Old Post Office4

            Street, Kolkata-1, P.s. Hare Street.                                                  _________ Complainant

____Versus____

1. Axis Bank Ltd.,

            6^th Floor, ‘C’ Wing Solaris Premises,

Opposite L&T Gate No.6, Saki Vihar Road,

Powai, Andheri (E), Mumbai-400072  and

Ground & 1^st Floor, 7, Shakespeare Sarani,

Kolkata-71, P.S. Shakespeare Sarani.                                           ________ Opposite Party

Present :         Sri Sankar Nath Das, Hon’ble President

                          Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.       Dated  30-06-2014

          The case of the complainant in short is that complainant is a credit card holder of o.p. In or about Feb. 2012, the complainant had been approached by one of the employee / agent / representative of o.p. who offered the complainant ‘Titanium Credit Card’ to be issued by o.p. On being persuaded, the complainant filled up a standard application form containing personal details and handed over the signed application form together with necessary documents as enclosures to the said application to the said employee / agent / representative of o.p. for processing of the said credit card.

            After about a period of 7 days from the date of submission of the said application, the complainant received a telephonic call from one of the executives of o.p. for verification who interalia verified the personal details and particulars submitted with the said application. In course of the telephonic discussion, the complainant was represented and given to understand that.

            On or about 25.2.12, the complainant received a courier consignment containing a credit card bearing no.5241 7800 0111 9739 (Axix Bank Titanium Master Card) valid from 02/12 and valid thru 02/15 issued in favour of the complainant with his name embossed as ‘J B PANDA’ on the credit card (hereinafter referred to as ‘the said card’). O.p. vide its said card provided a credit limit for purchases upto Rs.1 lakh and a cash limit for withdrawal upto Rs.10,000/-.

            Complainant on receiving the said card started using the same regularly for his purchases by swiping the said card at various retail and other outlets on and from 7.3.12 and onwards. On or about 23.4.12, the complainant received the 1^st statement for he said card from o.p. for the period 26.2.12 to 10.412 by courier at his billing address.  The total payment due was Rs.13,239/- and minimum payment due was Rs.662/-. The due date for payment was 40.4.12. ‘One time joining fee’ of Rs.250/- (together with service tax) was reversed / credited to the said card account.

            It was noted by the complainant that as regards payment of credit card dues, there are several modes prescribed by o.p. bank as will be evident from the information contained in the reverse of each of the credit card statement under the heading ‘How to make your payment’.

            Since the due date for payment of Rs.13,239/- against the said 1^st statement for the said card was 30.4.12, the complainant deposited his cheque no.078856 dt.24.4.12 for Rs.13,239/-  drawn on Axis Bank Ltd. Electronic Complex (Salt Lake) Branch on Tuesday, 24.4.12 at the ATM Drop Box of o.p. bank located in Kiran Shankar Roy Road, Kolkata-1 ((hereinafter referred to as ‘the said cheque’), bonafide believing that the same would be processed and credited to the said card account within 2 working days from the date of deposit of cheque (i.e. much before the due date for payment, 30.4.12) and crave leave to refer to and rely upon relevant communications received from o.p. from time to time wherein o.p. has categorically represented that in case of an Axis Bank cheque, the same would be processed and amount credited within 2 working days from the date of deposit.

            On or about 22.5.12, the complainant received the 2^nd statement for the said card from o.p. for the period 11.4.12 to 10.5.12 by courier at his billing address. On 28.5.12 the complainant remitted the said sum of Rs.5851/- (minus the late payment fee and service tax amount totaling to Rs.674.16) towards the outstanding dues for the said 2^nd statement for the said card from o.p. for the period 11.4.12 to 10.5.12 by NEFT Transfer and since the grievance was lodged, the same was not paid. In this connection, it is pertinent to mention that the complainant had duly paid the actual bill amount for the said 2^nd statement for the said card from o.p.  Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.

            O.p. did not contest the case by filing w/v and matter was heard ex parte against the o.p.

Decision with reasons:

            In view of the findings above and on perusal of the entire materials on record we find that the illegitimate claim was fully refunded after the initiation of the complaint and we find that the complainant has been able to prove his case and is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte against the o.p. with cost. O.p. is directed to pay to the complainant a sum of Rs.20,000/- (Rupees twenty thousand) only as compensation for harassment and mental agony and litigation cost of Rs.5,000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.