Punjab

Faridkot

CC/18/206

Harpreet Singh Chauhan - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

Gurpreet Singh Chauhan

22 Oct 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :       206 of 2018

Date of Institution:     27.12.2018

Date of Decision :       22.10.2019

 

Harpreet Singh Chauhan Advocate aged about 32 years son of Gurbhej Singh Chauhan resident of Village Dhilwan Khurd, Tehsil and District Faridkot.

           .........Complainant

Versus   

1. Axis Bank, Near Woodland Showroom, Faridkot through its Branch Manager.
2. Axis Bank Limited, Axis House, C-2 Wadia International Centre, Pandurang Budhkar Marg, Worli, Mumbai through its Managing Director.                                                                           .............OPs

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh. Ajit Aggarwal, President,

               Smt. Param Pal Kaur, Member.

 

Present:  Sh Gurpreet Chauhan, Ld Counsel for Complainant,

               Sh Dildeep Singh, Ld Counsel for OPs.

 

ORDER

(Ajit Aggarwal, President)

cc no.-206 of 2018

                                          Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to cancel the EMIs against credit card number 5305620503429983 and for further directing OPs to pay Rs.50,000/- as compensation for deficiency in service and harassment alongwith litigation expenses of Rs.11,000/-.

2                                       Briefly stated, the case of the complainant is that complainant is having a credit card bearing no. 5305620503429983 valid for the period from 7/2018 to 7/2023 and he used his credit card for purchasing two products through online shopping website Flipkart for Rs.26,389/- and transactions on both products were converted into 9 equal monthly instalments starting from 27.10.2018. It is submitted that said products were not delivered to complainant and seller credited the amount of Rs.26,389/-in the credit card of complainant in two instalments for Rs.14,067/- and Rs.12,322/- on dates 6.11.2018 and 9.11.2018 respectively. Thereafter, complainant received account statement bill of said credit card which included 1^st EMI of Rs.2,807/-with interest of Rs.285.88 and also showed rest amount as due against his credit card which ought not be shown in the credit statement. Complainant sent e-mails to Grievance Redressal Nodal Office but he did not give satisfactory reply. Amount of Rs.26,329/-was debited from his credit card which was later on credited by merchant seller and thus, no due is left towards the complainant from the said amount, but OPs have sent him bill for said

cc no.-206 of 2018

amount and despite repeated requests, concerned officials have refused to listen to his requests, which amounts to deficiency in service and trade mal practice and it has caused harassment and mental agony to him. He has prayed for accepting the present  complaint alongwith compensation and litigation expenses besides the main relief. Hence, the complaint.

3                                              The counsel for complainant was heard with regard to admission of the complaint and vide order dated 02.01.2019, complaint was admitted and notice was ordered to be issued to the OPs.

4                                              On receipt of the notice, the OPs filed written statement wherein they have denied all the allegations of complainant being wrong and incorrect and asserted that there is no deficiency in service on their part. It is averred that complainant has levelled false allegations. It is asserted that complainant did shopping of Rs.26,389/- through Flipkart on 29.10.2018 and converted the said purchase into nine equal monthly instalments, but later on he cancelled the purchasing order for which Flipkart credited the amount of Rs.14,067/- and Rs.12,322/-into his account on 6^th and 9^th of November, 2018 respectively. It is further averred that as per terms and conditions of answering OP Bank, for EMIs conversion on credit card for foreclosure or cancelling the existing EMIs, customer have to inform their customer care services before the due date so as to cancel the said EMI but complainant

cc no.-206 of 2018

did not inform the Customer Care Services of  answering OPs for cancellation of EMIs and therefore, he was charged accordingly. But on complaint by complainant, they reversed the interest calculated on said EMIs in the month of November and also closed the EMI. There is no deficiency in service on the part of answering OPs and EMIs of complainant have already been cancelled and interest charged has been credited to him. It is reiterated that there is no deficiency in service on the part of OPs and asserted that complaint filed by complainant is false and frivolous and have also denied all the allegations levelled by complainant being wrong and incorrect and prayed for dismissal of complaint with costs.

5                                              Parties were given proper opportunities to prove their respective case. Counsel for complainant tendered in evidence her affidavit Ex.C-1 and documents Ex C-2 to C-6 and then, closed their evidence.

6                                              In order to rebut the evidence of the complainant, Ld Counsel for OPs tendered in evidence affidavit of Aashish Gupta Ex OP-1 and closed the evidence on behalf of OPs.

7                                               We have heard the ld counsel for complainant as well as OPs and have carefully gone through evidence and documents placed on record by respective parties.

cc no.-206 of 2018

8                                                 From the careful perusal of record and evidence and documents placed on record by respective parties, it is observed that case of the complainant is that he placed purchasing order for two things with Flipkart for Rs.26,389/- and used his Credit Card for said purchase and transactions on both products were converted into 9 EMIs  starting from 27.10.2018. Due to non delivery of products, he cancelled the said order and in turn seller credited the amount of Rs.26,389/-in the credit card of complainant in two instalments of Rs.14,067/- and Rs.12,322/- on dates 6.11.2018 and  9.11.2018 respectively. Thereafter, he received account statement bill of said credit card which included 1^st EMI of Rs.2,807/-with interest of Rs.285.88 and also showed rest amount as due against his credit card which ought not be shown in the credit statement. Complainant sent e-mails to Grievance Redressal Nodal Office but he did not receive any satisfactory reply. Complainant made several requests to OPs to cancel the equal monthly instalments against his credit card, but they did not do anything needful, which amounts to deficiency in service on their part. In reply, OPs have denied all the allegations of complainant being wrong and incorrect and asserted that purchasing order placed by complainant was cancelled by him but he did not inform OPs bank for cancellation of EMIs against the credit card. On receipt of complaint from complainant, they have already cancelled the EMIs against his credit card and have also reversed the entries regarding amount of EMI and interest debited from his credit card

cc no.-206 of 2018

account. There is no deficiency in service on their part as relief sought has already been given to complainant and his grievance has been redressed. Ops have prayed for dismissal of complaint with costs. It is further averred that they have cancelled the EMIs and have also reversed the         interest calculated on EMI in the month of November.

9                                    From the above discussion and evidence and pleadings put forward by parties, it is made out that grievance of complainant has already been redressed by OPs as they have cancelled the EMIs against credit card of complainant and entries regarding amount of EMI debited and interest calculated thereon in November have been reversed and even prior to filing the present complaint and thus, there is no deficiency in service on the part of OP-1 and OP-2. Therefore, complaint in hand is hereby dismissed being devoid of any merits. However, OPs are directed to continue the operation of credit card of complainant subject to payment of dues, if any by the complainant to OPs with immediate effect. However, in peculiar circumstances of the case, there are no orders as to costs. Copy of the order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 22.10.2019

                                      (Param Pal Kaur)              (Ajit Aggarwal)

                                      Member                                   President