Punjab

Ludhiana

CC/20/270

Pushpinder Singh - Complainant(s)

Versus

Axis Bank Ltd - Opp.Party(s)

Gagandeep Singh

19 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  270 dated 27.10.2020.                                                      Date of decision: 19.04.2024. 

 

Pushpinder Singh, 47 years son of Shri Brij Raj Singh, resident of 987, Tajpur Road, Sanjay Gandhi Colony, Sector 32, Central Post Office, Near Gopal Mandir, Ludhiana.                                                                                                                                                                              ..…Complainant

                                                Versus

1. AXIS Bank Ltd., Branch Ground Floor, Plot No.B-II, Bhadhaur House, Mata Rani Chowk, Ludhiana through its Branch /Manager/Authorized Person.
2. AXIS Bank Ltd., 3^rd Floor, Building Gigaplex, Plot no.I.T.5, MIDC, Airoli Knowledge Park, Airoli, Navi Mmbai-400708, through its Director/Manager/Authorized Person.
3. Jaideep Kaul, Vice President, AXIS Bank Ltd., Plot No.149, 1^st Floor, Industrial Area, Phase-1, Chandigarh-160002.

…..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Gagandeep Singh, Advocate.

For OPs                         :         Sh. Gulshan K. Arora, Advocate.

 

 

ORDER

PER SANJEEV BATRA, PRESIDENT

 

1.                Briefly stated, the facts of the case are that the complainant has been maintaining saving bank account No.911010016660720 with OP1 since long. In 2018, some officials of the OPs contacted the complainant to get credit card facility to which the complainant showed no interest but on the persistent requests of the officials, the complainant agreed upon which the OPs issued one credit card to him. However, the complainant did not use the said credit card. The complainant stated that in the second half of year 2019, the officials of OPs again approached him with a request to avail benefit of credit card facility but the complainant  stated that he had already availed the said benefits but he had not used the credit card. The said officials requested the complainant to get credit card facility with assurance that the OPs will charge 2% interest per annum  for the withdrawal money/using of credit card and period of deposit of withdrawal money will be 45 days. Due to pressure of the officials, the complainant agreed to their requests and the OPs issued credit card to the complainant bearing No.5305 6202 1136 1296 valid from 12.02.2017 to 12/22. The complainant further stated that he availed the facility of credit card and withdrawal/used the card for an amount of approximately Rs.40,000/- and started waiting for deposit period of 45 days as per assurance but the OPs without his notice and consent deducted Rs.4504/- from his account on 26.11.2019. Even the OPs wrongly charged GST @18% as well as consolidated charges from his account without his consent and authority. Due to illegal act of the OPs, the complainant suffered huge loss as cheque of HDFC Bank Ltd. for Rs.17,049/- was dishonoured by the OPs on 27.11.2019. The complainant contacted the OPs with request to credit the illegally deducted amount into his account but no satisfactory reply was given. The complainant further stated that thereafter, on 12.03.2020, the OPs also withdrawn Rs.4503.69P from his account without his knowledge, consent and authority and also deducted Rs.1484/- on 20.03.2020 along with GST and consolidated charges. The OPs also wrongly deducted Rs.83/- on 17.08.2020. The complainant again visited the OPs and requested them to credit the above said amounts in his account but they dilly delayed the matter which amounts to deficiency in service and unfair trade practice. Even the statement of account shows that some wrong entries have been made such as on 10.07.2019 and 11.07.2019 etc. in the name of some ECOM PUR/GOOGLE which has further caused loss to the complainant. Thereafter, the complainant demanded statement of account of his credit card from the OPs but they failed to provide statement of account. The OPs have caused mental loss, agony, financial loss etc to the complainant for which the complainant is entitled to compensation. The complainant sent legal notice dated 19.08.2020 to the OPs to which the OPs sent false and frivolous reply dated 21.08.2020 denying the averments of legal notice. Hence this complaint, whereby the complainant has prayed for issuing directions to the OPs to issue statement of account with regard to his credit card and to credit the said wrongly withdrawn entries to his account  as well as to pay compensation of Rs.1,00,000/- besides litigation expenses of Rs.10,000/-

2.                Upon notice, the OPs appeared and filed written statement assailed by complaint by taking preliminary objections on the ground of maintainability; concealment and suppression of material facts; the complainant being estopped by his own act and conduct from filing the complaint; the complainant has not approached the Forum with clean hands etc. The OPs stated that the complainant availed credit card facility from them vide card No.5305-6202-1136-1296 having validity from February 2017 to December 2022 with a limit of Rs.60,000/-. The billing period was to start from 12/13 of every calendar month. The complainant agreed to make payment through standing instructions/Auto pay/debit from his saving account with the OPs. The OPs further stated that the complainant failed to make payment by arranging funds in his savings account and had only deposited minimum charges twice to maintain the saving account. The complainant had availed the credit card facility and had also withdrawn cash amount from time to time for filling petrol and cash withdrawal as per statement of account. According to the OPs, they had imposed charges for delayed payment. Moreover, Rs.87,208.40P is still due towards the complainant which excludes the interest. As such, the complainant has filed this complaint for not making the payment for the credit card.

                   On merits, the OPs reiterated the crux of averments made in the preliminary objections and facts of the case. The OPs have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

3.                The complainant filed replication to the amended written statement reiterated the facts mentioned in the complaint and controverted those mentioned in the written statement.

4.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated their averments of the complaint. The complainant also placed on record Ex. C1 is the copy of statement of account w.e.f. 01.07.2019 to 12.08.2020, Ex. C2 is the copy of Credit Card, Ex. C3 is the copy of Aadhar Card of the complainant, Ex. C4 is the copy of legal notice dated 19.08.2020, Ex. C5 to Ex. C7 are the copies of postal receipts, Ex. C8 is the copy of reply dated 21.08.2020 to legal notice dated 19.08.2020, Ex. C9 is the copy of envelop issued by the OPs and closed the evidence.

5.                On the other hand, the counsel for the OPs tendered affidavit  Ex. RA of Sh. Deepak Basak, Operation Head, Axis Bank, Branch Mata Rani Chowk, Ludhiana along with documents, Annexure-A is the copy of Credit Card Statement from 12.09.2019 to 03.10.2019 and closed the evidence. 

6.                We have heard the arguments of the counsel for the parties and also gone through the complaint, replication, affidavit and annexed documents and written reply along with affidavits and documents produced on record by both the parties.

7.                The complainant, a savings account holder with OP1 was persuaded by the officials of the OPs bank to avail credit card facilities from them and according to the complainant in the second half of the year 2019, one credit card No.5305-6202-1136-1296 Ex. C2 was issued to him which was having validity from 12/2017 to 12/2022. The card was stated to have been linked Auto pay/debit facility with the saving account of the complainant. According to the complainant, he used the card and availed the services to the tune of Rs.40,000/- while according to the OPs, the complainant defaulted in making payment as per billing cycle and accordingly, the penal charges on the delayed payment were imposed. The complainant has further alleged that the deduction of Rs.250/- on 10.07.2019, Rs.400/- on 11.07.2019, Rs.4504/- on 26.11.2019, Rs.4503/- on 12.03.2020, Rs.1484/- on 20.03.2020 and Rs.83/- on 18.07.2020 were illegally made by the OPs. Mainly, the complainant has prayed for issuance of directions to the OPs to rectify and credit the unauthorized entries and also sought the damages.

8.                It is pertinent to note that the OPs have categorically stated in their written statement about the billing cycle, imposition of charges on delayed payment and availing of Auto pay/debit facility by the complainant. The OPs were required to produce the terms and conditions/agreement on the basis of which the credit card was issued to the complainant and what were the actual terms and conditions about the billing cycle and rate of penal charges to be imposed in case of default. These documents were not produced before this Commission nor it is the case of the OPs that these documents were supplied to the complainant at the time of issuance of the credit card. It is the best evidence which was in power and possession of the OPs but they have failed to produce the same and this Commission is constraiend to an adverse inference against the OPs. Even the perusal of credit card Ex. C2 shows that it has been stated to issued in the year 2019 but its validity date backs from 2017 and thus, the complainant was deprived of the full usage of validity period of 5 years. It also amounts to adoption of unfair trade practice on the part of the OPs.

9.                Further the complainant also raised his grievance and served a legal notice dated 19.08.2020 Ex. C4 upon the OPs and the OPs had sent reply Ex. C8 dated 21.08.2020 to the complainant whereby the complainant was intimated that matter is being examined and reply in detail will be sent to him within 15 days or so. The OPs did not produce any such document on record to show that the grievance of the complainant raised through legal notice was ever resolved or redressed and right to seek redressal of the complainant. The Consumer Protection Act, 2019 has been enacted to protect the interest of the consumer. As per its statement of objects and reason placed before the Parliament the Act has been enacted to promote and protect the rights of consumer as given in Section 2(9) of the Consumer Protection Act which is reproduced as under:-

“Consumer Rights S. 2(9)

(9) “consumer rights” includes

(i)      the right to be protected against the marketing of goods, products or services which are hazardous to life and property;

(ii)     the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;

(iii)    the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;

(iv)     the right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate fora;

(v)      the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and

(vi)     the right to consumer awareness.

 

Further the act and conduct of the OPs amounts to deficiency in service and unfair trade practice. As such, keeping in view the above said facts and circumstances, it would be just and appropriate if the OPs are directed to overhaul the credit card account of the complainant having credit card No.5305-6202-1136-1296 without imposition of interest and penal charges and are further burdened with composite costs of Rs.10,000/-.

10.              As a result of above discussion, the complaint is partly allowed with direction to the opposite parties to overhaul the credit card account of the complainant having credit card No.5305-6202-1136-1296 without imposition of interest and penal charges within 30 days from the date of receipt of copy of order. The opposite parties are further directed to pay composite costs of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

11.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

Announced in Open Commission.

Dated:19.04.2024.

Gobind Ram.