THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.113/2013
Dated this the 31st day of January 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By Beena Joseph, Member
The petition was filed on 16.03.2013. The allegation of the complainant is that the opposite party illegally adjusted Rs.29,436/- from his credit card instead of Rs.9,000/-. The complainant is having a Savings Bank account with Axis bank the opposite party herein. The opposite party issued a credit card to the complainant with credit facility of Rs.50,000/- which was valid up to 03/2011. The complainant had made only one purchase by using this credit card for Rs.9,000/- and he had repaid Rs.6000/- by instalments to the account. According to him only Rs.3000/- remain to be paid. The complainant sought account statements from the opposite party. Which was not provided by the opposite party so far. The claim of the complainant was that on 03.01.2013 there was a balance of Rs.44436 in his amount on 04.01.2013 when he try to withdraw Rs.30,000/- it was found that Rs.29436 was issuing from his account which adjusted toward his credit card charges.
The above matter notice was served to the opposite party on 04.04.2013 but opposite party remains absent and then given several chances to appear before the forum, but lastly set exparte on 07.12.2013.
Complainant filed chief affidavit and examined him as PW1 and Exts.A1 to A7 were marked on the part of the complainant. Account statement produced by the complainant which clearly proves the case of the complainant. The above adjustment made by the opposite party is quite illegal and without any bonafides. From this it is very clear that opposite party had adopted illegal trade practice and cheated their customer. Hence the petition is allowed with cost and compensation.
In the result we are of the opinion that opposite party has to give back Rs.29,436/-(Rupees twenty nine thousand four hundred and thirty six only) which illegally adjusted from his account and to pay compensation of Rs.3000/-(Rupees Three thousand only) along with cost of Rs.500/-(Rupees five hundred only) to the complainant. Comply the order within one month from the date of receiving the copy of the order.
Pronounced in the open court this the 31st day of January 2014.
Date of filing:16.03.2013.
SD/- PRESIDENT SD/- MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. ATM receipt of complainant Account dtd.05.01.13.
A2. E.mail receipt sent by the complainant dtd.16.01.2013
A3. Legal notice sent to the opposite party dtd.28.01.2013.
A4.Postal receipt dated. 29.01.2013.
A5. Acknowledgment card dtd.30.01.2013
A6.Photocopy of credit card.
A7.Details of savings bank account of the complainant issued by opposite party
For the period from 01.01.13 to 30.06.13.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1. Kalyana Sundaran(Complainant)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
