Chandigarh

DF-I

CC/420/2016

Rajinder Singh - Complainant(s)

Versus

Axis Bank Ltd. - Opp.Party(s)

In person

26 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/420/2016
Date of Institution	:	09/06/2016
Date of Decision	:	26/09/2018

 

Rajinder Singh S/o Sh. Chhotu Ram, R/o House No.250, 2^nd Floor, Sector 55, U.T. Chandigarh.

…..Complainant

V E R S U S

[1]    AXIS Bank Limited, formerly known at U.T.I. Bank, having its Registered Office at Unit #6, Corporate Park, Sion Trombay Road, Chembur, Mumbai 400071, through its Chief Executive Officer.

[2]    AXIS Bank Limited, Credit Card Division, SCO No. 343-344, Sector 35-D, Chandigarh, through its Authorized Officer.

[3]    Abhishek Arora, Authorized Person, Credit Card Division, AXIS Bank Limited, SCO 343-344, Sec.35-D, Chandigarh, through its Authorized Officer.

… Opposite Parties

 

CORAM        :	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SH.SURESH KUMAR SARDANA	MEMBER

                                                                       

ARGUED BY	:	Complainant in person.
	:	Sh.Rajeev Bhardwaj, Counsel for OPs.

Per Suresh Kumar Sardana, Member

1.         The facts of the Consumer Complaint, in brief, are that the Complainant had applied for a Visa Credit Card with Opposite Party No.1 in the month of May, 2007 and was told that there would not be any charges for the same. It has been alleged that initially, the Opposite Parties did not supply the monthly credit card statement to the Complainant and it was only after repeated requests and constant follow-ups by the Complainant that he was supplied first monthly credit card statement in the month of August, 2007, whereupon the Complainant learnt that the Opposite Parties had wrongly charged Rs.500/- towards the annual fee and Rs.1000/- towards the joining fee.  The Complainant accordingly escalated the matter with the Opposite Parties with a request to revert back the aforesaid amount of Rs.1500/-. However, instead of reverting back the said amount, the Opposite Parties further levied late payment charges of Rs.250/- on the said amount and Rs.416/- towards debit interest. Accordingly, the Complainant wrote a number of e-mails to the Opposite Parties, but they clearly refused to listen anything and told him to pay the entire amount. It has been further alleged that the Opposite Parties have marked the Complainant in the CIBIL which fact he came to know in July/July 2012 when he had applied for the Housing Loan. The Complainant immediately contacted the Opposite Parties to issue No Objection Certificate to him as it was not his fault rather the Opposite Parties were deficient in rendering services by charging excessive amount from him without his express consent, but to no avail. Hence, this Complaint.        
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Parties filed their joint reply, inter alia, admitting the basic facts of the case. It has been pleaded that at the time of applying for Credit Card with the answering Opposite Parties, the Complainant had admitted all the terms & conditions mentioned on the application form and the Complainant after accepting the said terms & conditions signed the said application form and further agreed to the levy of all the additional statutory taxes, charges as applicable and other charges as per the Govt. of India Regulations and agreed to pay the same. It has been urged that the answering Opposite Parties regularly send the statements of account of the Complainant, however, he never pay the actual amount and as per the statement of account an amount of Rs.22,303/- is due towards him and accordingly the rating 608 was shown in the CIBIL. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.
4.         Controverting the allegations contained in the written statement and reiterating the pleadings in the Complaint, the Complainant filed the rejoinder.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and heard the arguments addressed by the Complainant and Ld. Counsel for the Opposite Parties.
7.         On perusal of the application form (Annexure R-1), we find that the same has been duly signed by the Complainant after accepting the terms & conditions contained therein and further, the Complainant agreed to be charged for the card fee in the first statement itself. Annexure R-2 which is a credit card statement shows that Rs.500/- has been charged towards the annual fee and Rs.1000/- has been charged for the joining fee, along with service tax. The Complainant has been further billed for various other charges which he himself had incurred on other items which he has not denied. Since the Complainant has himself incurred the expenses and had agreed to pay as per terms & conditions of the application form, the Complainant is legally bound to pay the same to the Opposite Parties which he failed to pay since Aug. 2007. Thus, we find that the whole gamut of facts and circumstances leans towards the side of the Opposite Parties. The case is lame of strength and therefore, liable to be dismissed.
8.         For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.   
9.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-	Sd/-
26/09/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”