This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant enjoyed credit card facility on the basis of credit card bearing no.4718600000588675 from the OP and during continuation of the facility complainant transfer Rs.7,000/- and OP charged fees on false pretext to adjust the payment of transfer charge and others in respect of transfer of Rs.7,000/- and in this way the OP bank used to charge interest from the complainant @3% p.m. and such an imposition of charge is without any reason.  Further OP charged huge interest illegally and in wrongful manner to the extent of Rs.5,000/- till the end of the clearing the entire outstanding balance and complainant was forced to pay excess money by misrepresenting and misguiding the complainant on account of balance transfer and other charges and in such a way complainant was forced to pay excess money at higher rate of interest for six months instead of the adjustment of Rs.7,000/- and it was gross negligence on the part of the OP and for which the complainant filed this complaint.

          Further by amending complainant has submitted that in the meantime OP has charged huge interest totaling amount of Rs.8,700/- that in the meantime complainant has prayed Rs.10,000/- and such an act is no doubt unfair trade practice and negligent manner of service for which complainant has prayed for relief.

          On the other hand, complainant by filing written version has submitted that OP issued a credit card in favour of the complainant with a credit limit of Rs.50,000/- and that was covered by the agreement in between the complainant and the OP and complainant utilized the said credit card for long period and time to time credit card statement was sent to the complainant.  Accordingly,  in the month of March, 2012, OP Bank brought a scheme of balance transfer to another account at a special rate of interest 9% per month for 6 months and complainant availed of the said offer and requested to transfer of balance of Rs.7,000/- of HDFC Bank CC A/c. No.1912 and a processing fee of Rs.100/- was charged upon the said transaction and a regular course of business, the OP raised a statement dated 18-04-2012 for the month of April, 2012 and requested the complainant to the dues of Rs.15,734-11 within 08-05-2013.  The complainant paid a sum of Rs.10,000/- through cheque dated 23-04-2012 which was duly encashed and the OP adjusted the said sum with the outstanding balance of Rs.15,734-11p.  Thereafter, OP in the subsequent month raise a statement of Rs.12,980-58 and same was due for payment on 07-06-2012 against that complainant paid Rs.12,000/- on 05-06-2012 and time to time statements were raised by the OP and complainant regularly received the statements but never raised any dispute but as per the last statement dated 18-10-2013 the billing amount was Rs.8,639-01 but complainant did not pay it and considering the continuous loss and sufferings of the Bank, the OP Bank reversed the interest charges, late payment charges, service tax and as such, at present the outstanding is ‘Nil’ against the said credit card and the account is closed and OP started the process for refund which prior of receiving the complaint.  So, in the circumstances, the entire complaint is false and fabricated.

Decision with Reasons

After hearing the argument for the Ld. Lawyer for the OP and also considering the Bank Statement and other materials it is found that the credit card bearing no.4718600000588675 in the name of Mr. Subhendu Dutta has already been closed finally and credit card has been cancelled and bank has no dues which has been admitted by the OP at present because they have already exonerated all the dues when that is the fact then it is clear that complainant’s claim that OP has charged Rs.8,700/- and odd as excess charges is not at all visualize from the statement in view of the fact bank statement has been submitted by the OP has proved that at present the said credit card account has been cancelled and closing balance is shown as “0000”.  So, fact remains complainant’s grievance has already been redressed by the Bank and for which there is no material in this case because the complainant tried to get relief from payment of the said amount but Bank has already exonerated it long prior on 26-09-2013 finally.  So, there is no scope but to dismiss this case when OP Bank has admitted that credit card has already been cancelled and there is no outstanding balance to be paid b y the complainant and the account statement has submitted by the OP reliefs for bank is not claiming any amount from the complainant.

In the result, the complaint fails.

Hence,

Ordered

That the case be and the same is dismissed on contest but without cost.