Date of Filing: 18.03.2008<br /> Date of Order:02.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 2ND DAY OF AUGUST 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 730 OF 2008<br /> <br /> <br /> C.J. Sharada Krishna<br /> No. 73, 6th Cross, BEML Layout<br /> Basaveshwaranagar<br /> Bangalore 560079 Complainant<br /> <br /> V/S<br /> 1. Axis Bank Ltd<br /> Credit Card Division<br /> No. 9, M.G. Road<br /> Bangalore 560 001<br /> <br /> 2. Axis Bank Ltd.<br /> Credit Card Division<br /> 80 Feet Road, Near Shankaramut Circle<br /> Basaveshwaranagar Branch<br /> Bangalore 560 079<br /> <br /> 3. Axis Bank Ltd.<br /> No. 131, Maker Towers<br /> ‘F’, 13th Floor, Cuffe Parade, Colaba<br /> Credit Card Division, Mumbai 400005 Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that she had taken UTI Credit Card on 12.12.2006. On 15.05.2007 as per the UTI Bank Statement payment was due at Rs. 2,138/- and the complainant deposited Rs. 2,500/-. The complainant states that she received telephone call from opposite party Bank stating that she had withdrawn Rs. 10,000/- from ATM. For that she replied that she had not withdrawn the amount and asked the opposite party to check up the statement. The complainant has given the details of monthly statements in her complaint. As per legal notice a sum of Rs. 16,584/- is shown as outstanding balance. The complainant has denied this balance in her complaint. Hence, she has filed this complaint for seeking justice.<br /> 2. Notice was issued to opposite parties. Notice was served. In spite of service of notice the opposite parties have not appeared. Opposite parties placed as exparte. <br /> 3. The complainant has also filed her affidavit evidence. The complainant was heard in person. Perused the complaint, affidavit and documents. <br /> REASONS<br /> <br /> 4. The complainant submitted in course of argument that the opposite parties are demanding her Rs. 16,584/- as on the date of filing complaint. She submitted that still she is receiving SMS and the opposite parties are demanding even more amount from her in respect of her credit card account. The complainant submitted she has not at all withdrawn any amount from the ATM and argued that the statement of the opposite party bank is false and not based on correct transaction. Therefore, she submitted that the opposite party bank may be directed not to proceed against her for recovery of the amount and the demand made by the opposite party bank may be set aside. The case of the complainant has gone unchallenged. The opposite parties though served with notice have not appeared before this forum. The opposite parties have not submitted any defence version. Therefore, there are no reasons what so ever to disbelieve the facts stated by the complainant in her complaint. The complainant is a Senior Citizen and she is a lady. She has disclosed certain facts in her complaint that injustice had been caused to her and she had suffered mental agony and tension on account of repeated phone calls and SMS from the opposite parties. The complainant submitted that she being a woman shall be protected from the harassment. The complainant submitted that she is not at all due to the opposite party bank under her credit card account. Therefore, the opposite parties shall be directed not to give her trouble or harassment to her. In the absence of any defence on behalf of the opposite parties the case put up by the complainant shall have to be accepted as true and correct. Consumer Protection Act is a social legislation. It is intended to protect the better interest of the Consumers. The complainant here in is a Consumer under the Act. Therefore, her interest requires to be protected. In view of the submissions made by the complainant the opposite parties shall be directed not to give any harassment or indulge in illegal activities. The demand put up by the opposite parties deserves to be set aside. The complainant shall be declared she is not having any due under her credit card account. If the opposite party bank has got any legal dues to be recovered from the complainant it shall take legal action as per law instead of threatening and giving harassment to the complainant. In the result I proceed to pass the following: <br /> ORDER<br /> <br /> 5. The complaint is allowed. It is hereby declared that complainant is not due of Rs. 16,584/- to the opposite party Bank. The opposite party is directed not to give any harassment to the complainant.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 2ND DAY OF AUGUST 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />