Order by:

Smt.Aparana Kundi, Member

1.       Complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the stating that the complainant is availing the services of Axis Bank Credit Card No.4514-5614-0144-8982 since November-2021, but the opposite parties had not provided the terms and conditions with regard to said credit card. Moreover the complainant is regularly paying the bill of credit card/minimum payment due etc. At the time of issuance of credit card the representatives of the opposite parties told the complainant that you have to pay minimum payment due. However, despite that commitment she was wrongly and illegally charged for services of credit card. Further alleged that in every bill the opposite parties are charging the excess service charges etc. Further alleged that the complainant formally lodged a complaint with the opposite parties but no satisfactory reply was given and the opposite parties remained adamant and did not honour their commitment, which was made by them while making available the credit card services to her. The opposite party also charged hefty interest upon interest on the disputed amount. She time and again requested the opposite parties to settle the amount illegally charged from him but to no effect. All these acts on the part of the opposite parties amount to deficiency in service. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties may be directed not to charge excess interest i.e. more than 7.5% on Credit Card bill and not to imposing other charges i.e. Overlimit Fee, Bouncing Charges, late payment fee and they further directed to refund/credited the excessive interest charges.

b)      To pay an amount of Rs.50,000/- as compensation.

c)       To pay an amount of Rs.11,000/- as litigation expenses.

d)      And any other relief which this Commission may deem fit and proper be also granted to complainant in the interest of justice and equity.

2.       Opposite Parties appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the present complaint is not maintainable in the present form as there is no deficiency in service on the part of the answering Opposite Parties. The complainant has not come to this Commission with clean hands, rather concealed the true and hard facts and filed the false and frivolous complaint with malafide intention. The complainant got the Credit Card after admitting all the terms and conditions and executed the documents for the Credit Card. Copy of the terms and conditions of the Credit Card have duly been received by the complainant before getting the Credit Card. Not only this, the terms and conditions have also been explained by the officials of the Opposite Parties to the complainant at the time of getting the Credit Card. As per the terms and conditions of the Credit Card, the complainant herself failed to make the payment of the amount which is due after use of the Credit Card. The statements for the use of the Credit Card by the complainant on the different dates have duly been acknowledged by the complainant. But all these facts have not been disclosed by the complainant intentionally and knowingly. This Commission has no jurisdiction to try and entertain the present complaint as the complainant herself alleged that there is 'cheating' committed by the Opposite Parties. As such, once the complainant alleged the cheating, this Commission has no jurisdiction to try and entertain the present complaint, rather the same is to be adjudicated by Criminal Court or by the Civil Court of competent jurisdiction. Moreover, it requires voluminous evidence and documents for which this Commission has no jurisdiction to try and entertain the present complaint. As such, there is no deficiency in service on the part of the answering Opposite Parties. On merits, it is submitted that it is informed to the complainant that the entire payment of credit card used by the complainant is to be made within 45 days, failing which the complainant is liable to pay the delay payment charges, interest and other charges as per the instructions of the Reserve Bank of India and Head Office of Axis Bank Limited. Further submitted that the service charges are payable by the complainant on credit card. As per the rules, the complainant is liable to pay the interest on the delayed payment and penalty. Further submitted that the complainant never came to the officials of the Opposite Parties or with the Incharge of the Credit Card nor approached the bank officials at any stage nor she has made any complaint in this regard. All other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       In order to prove his case, complainant has tendered in evidence her affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C15.

4.       To rebut the evidence of the complainant, Opposite parties have tendered in evidence placed on record affidavit of Sh.Ajay Goyal, Branch Head, Axis Bank Ltd. Ex.OPs1 alongwith copies of documents Ex.OPs2 to Ex.OPs9. 

5.       We have heard the counsel for the parties and gone through the written arguments submitted on behalf of Opposite Parties and also gone through the documents placed on record.  

6.       It is proved on record that complainant is having Axis Bank Credit Card and she is using the same since November, 2021. The complainant alleged that the bank was indulged in unfair trade practice, but she has not placed on record anything which shows that there is unfair trade practice on the part of Opposite Parties. The complainant alleged that bank was charging excess interest on credit card bills i.e. more than 7.5% and also imposing other charges i.e. overlimit fee, bouncing charges and late payment fee etc. but no evidence in the shape of documents has been produced by the complainant in support of her version, complainant has only produced on record copy of statement of account of credit card. Ld. counsel for the complainant contended that complainant lodged a complaint with Opposite Party bank and its higher authorities regarding the same and she approached many times regarding her grievances by making phone calls and requested them to settle the account, but no adjustment was made by official of the Opposite Parties, rather they postponed the matter on one pretext or the other, but again there is no record i.e. detail of phone calls, SMS and emails has been produced on file by the complainant showing that she approached the opposite parties with regard to her grievances. On the other hand, we have gone through the documents placed on record by Opposite Parties i.e. Terms and Conditions Ex.OPs9, which clearly shows that Opposite Party bank has been charging the interest and other charges as per terms and conditions of the credit card. Moreover perusal of the Credit Card statements produced on record by the complainant shows that complainant was using the credit card above the credit limit and was not paying the total payment due charges and also not making the payment in time with regard to her credit card, which shows that complainant was defaulter in making payment, so she was charged for over limit fee, late payment fee, cheque bounce charges and other charges and moreover all the charges levied by the Opposite Party are as per terms and conditions of the Credit Card.

7.       In view the discussion above, we have not found any deficiency in service or unfair trade practice on the part of the Opposite Parties. Hence, the present complaint stands dismissed. Keeping in view of the peculiar circumstances of the case, the parties are left to bear their own costs. Copy of the order be supplied to the parties, free of costs. File be consigned to record room after compliance.

Announced in Open Commission