Order No. 16 dt. 30/09/2019
The case of the complainant in brief is that the complainant is a customer of o.p. no.1 since long using one credit card being credit card no. 5241780002440837. In the month of May,2018 the complainant went to Bangkok for his person work and before leaving for Bangkok complainant enhanced of his credit card limit by Rs.25,860/- and the time of visiting Bangkok he only took his credit card but it was utter surprise at the time of using the said credit complainant found that after spending Rs.24,000/- his credit card was not giving excess amount which he was required at that time in Bangkok and complainant thereafter contacted with o.p. no.1 and he was informed that credit card limit was Rs.24,000/- and it was over and as such, they cannot enhance the cash limit of his credit card. The complainant thereafter requested the o.p. no.1 to enhance the limit of his credit card as one of his representative would deposit the excess amount against the said credit card but the o.p. no.1 refused for the same. In view of such non-cooperation on the part of the o.p. the complainant had to face various problems. After returning Kolkata from Bangkok the complainant made complaint to the o.p. and his authorities but no response was given. The complainant became very much astonished that the excess amount which was to carry forward against the said credit card before leaving for Bangkok was not credited. The o.p. reversed it to his savings bank account amount to Rs.25,860/-. The complainant become perplexed as there was no instruction from his side to the o.p. On the basis of said fact the complainant send a Lawyer’s notice expressing redressal for his grievances against the o.p. and also prayed for Rs.1 Lakh for the financial loss and also prayed for compensation of Rs.1 Lakh and litigation cost.
O.p. contested the case by filing w/v and denied all the material allegations of the complainant. It was categorically stated that in June,2011 the complainant approached o.p. for availing a credit card and accordingly, a credit card was issued by the o.p. no.1 with a credit limit of Rs.24,000/-. The complainant from time to time used the said credit card against which the o.p. bank duly raised monthly statement which was duly served upon the complainant. In the month of April,2018 the complainant had made an excess amount payment to the tune of Rs.25,860/- in his credit card account without putting any notice to the o.p. bank. The o.p. bank as per the pro-active refund process of the bank and also looking into the paramount interest of the complainant, the excess credit money idle on the said credit card was referred for refund to the linked savings account of the complainant on 26/06/2018 and the said excess credit was refunded back to the customer’s account and the said act of the o.p. bank can be evident from the statement dated 13/05/2018. From the statement of credit card account dated 13/05/2018 it has been stated by the o.p. that the customer himself has thought by making an excess payment of Rs.25,860/- the limit of the credit card automatically be enhanced by the said amount. The enhancement of the credit card limit entirely dependent upon the discretion of the o.p. bank and the complainant cannot enhance the same by his own choice and the o.p. bank never made any commitment to the complainant that the complainant can enjoy the enhanced credit limit by making some excess payment, however, in the instant matter the excess payment deposited by the complainant was returned to the complainant much prior to this Bangkok tour and in the Bangkok the complainant had used full credit limit of his credit card and the same be evident from his statement dated 13/05/2018. The complainant had visited Bangkok in the month of May,2018 and it is his duty to make all necessary arrangements prior to his visit. Due to such negligent approach of the complainant the o.p. bank cannot be liable for the same. It is also difficult to believe that a person would visit a foreign country only depending upon his credit card as his financial support. Since the complainant exceeded his credit limit of Rs.24,000/- of the said credit card, that credit card automatically did not accept for further expenditure on the same. In view of the said fact the o.p. categorically stated that in order to have the financial gain complainant has manufactured this case and accordingly, the o.p. prayed for dismissal of this case.
On the basis of the pleadings of the respective parties the following points are to be decided :-
- Whether the complainant got any information from the o.p. regarding enhancement of the credit card limit?
- Whether there was any deficiency in service on the part of the o.p.?
- Whether complainant is entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant is a customer of o.p. no.1 since long using one credit card being credit card no. 5241780002440837. In the month of May,2018 the complainant went to Bangkok for his person work and before leaving for Bangkok complainant enhanced of his credit card limit by Rs.25,860/- and the time of visiting Bangkok he only took his credit card but it was utter surprise at the time of using the said credit complainant found that after spending Rs.24,000/- his credit card was not giving excess amount which he was required at that time in Bangkok and complainant thereafter contacted with o.p. no.1 and he was informed that credit card limit was Rs.24,000/- and it was over and as such, they cannot enhance the cash limit of his credit card. The complainant thereafter requested the o.p. no.1 to enhance the limit of his credit card as one of his representative would deposit the excess amount against the said credit card but the o.p. no.1 refused for the same. In view of such non-cooperation on the part of the o.p. the complainant had to face various problems. After returning Kolkata from Bangkok the complainant made complaint to the o.p. and his authorities but no response was given. The complainant became very much astonished that the excess amount which was to carry forward against the said credit card before leaving for Bangkok was not credited. The o.p. reversed it to his savings bank account amount to Rs.25,860/-. The complainant become perplexed as there was no instruction from his side to the o.p. On the basis of said fact the complainant send a Lawyer’s notice expressing redressal for his grievances against the o.p. and also prayed for Rs.1 Lakh for the financial loss and also prayed for compensation of Rs.1 Lakh and litigation cost.
The Lawyer of the o.p. argued that in June,2011 the complainant approached o.p. for availing a credit card and accordingly, a credit card was issued by the o.p. no.1 with a credit limit of Rs.24,000/-. The complainant from time to time used the said credit card against which the o.p. bank duly raised monthly statement which was duly served upon the complainant. In the month of April,2018 the complainant had made an excess amount payment to the tune of Rs.25,860/- in his credit card account without putting any notice to the o.p. bank. The o.p. bank as per the pro-active refund process of the bank and also looking into the paramount interest of the complainant, the excess credit money idle on the said credit card was referred for refund to the linked savings account of the complainant on 26/06/2018 and the said excess credit was refunded back to the customer’s account and the said act of the o.p. bank can be evident from the statement dated 13/05/2018. From the statement of credit card account dated 13/05/2018 it has been stated by the o.p. that the customer himself has thought by making an excess payment of Rs.25,860/- the limit of the credit card automatically be enhanced by the said amount. The enhancement of the credit card limit entirely dependent upon the discretion of the o.p. bank and the complainant cannot enhance the same by his own choice and the o.p. bank never made any commitment to the complainant that the complainant can enjoy the enhanced credit limit by making some excess payment, however, in the instant matter the excess payment deposited by the complainant was returned to the complainant much prior to this Bangkok tour and in the Bangkok the complainant had used full credit limit of his credit card and the same be evident from his statement dated 13/05/2018. The complainant had visited Bangkok in the month of May,2018 and it is his duty to make all necessary arrangements prior to his visit. Due to such negligent approach of the complainant the o.p. bank cannot be liable for the same. It is also difficult to believe that a person would visit a foreign country only depending upon his credit card as his financial support. Since the complainant exceeded his credit limit of Rs.24,000/- of the said credit card, that credit card automatically did not accept for further expenditure on the same. In view of the said fact the o.p. categorically stated that in order to have the financial gain complainant has manufactured this case and accordingly, the o.p. prayed for dismissal of this case.
Considering the submissions of the respective parties it is an admitted fact that the complainant enjoyed a credit card issued by the o.p. bank. Complainant has claimed that before his departure to Bangkok he credited the same amount in the account of the said credit card so that he can use the credit card. During his visit to Bangkok the complainant has categorically stated that with the assurance given by the o.p. bank that the credit card limit would be enhanced, for that purpose the complainant did not carry any money with him. After reaching Bangkok and after using the credit card he was able to use the said credit card up to Rs.24,000/-, thereafter the credit card did not act to enjoy the credit card facility by the complainant. The complainant became astonished and he contacted with the o.p. bank but no effective reply was given. The complainant thereafter had to face financial hardship and he had to seek help from his friends to meet his expenses in Bangkok. The o.p. categorically stated that after getting amount from the complainant in the account of the credit card the o.p. bank found that it was unnecessarily deposited for which the said excess credit was refunded back to the customer’s linked account on 26/04/2018. The complainant was informed through bank statement dated 13/05/2018. It has been categorically stated by the o.p. that the customer himself has thought that by making an excess amount of Rs.25860/- the limit of the credit card would automatically be enhanced by the said amount. The enhancement of the credit card limit entirely depending on the discretion of the o.p. bank and complainant cannot enhance the same by his own choice and the o.p. bank never made any commitment to the complainant that the complainant can enjoy enhanced credit limit by making some excess payment. However, it is found from the materials on record that the excess payment deposited by the complainant was returned to the complainant much prior to his Bangkok tour and in the Bangkok the complainant used full credit limit of his credit card and the same may be evident from the statement dated 13/05/2018. The complainant should know the rules and regulations of the enjoyment of the credit card facility at the time of obtaining the credit card and the said rules and regulations were provided to the complainant while the credit card was opened. The complainant was provided statement of the credit card account time to time knowing fully well the fact of rules and regulations of the facility to be enjoyed by the credit card holder. The complainant has falsely made allegations against the o.ps that the o.ps failed to enhance the credit card limit. On the basis of the pleadings of the respective parties it appears that the complainant for the purpose of having the financial benefit against the o.ps filed this case without having any cogent ground whatsoever. Accordingly, we hold that the complainant will not get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case no.CC/238/2018 is dismissed on contest without cost against the o.ps.
