PRESENT

                   Complainant Absent   

                   Opponent by Adv.Ghanashyam Patil .                  

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President

1.        The Complainant  alleged that he was having credit card acount  Number 4339481716196387 with opposite party.It is stated that opposite party claimed interest at higher rates and also charged unlawful extra charges .He submitted that all claims payable by him to opposite party are barred by limitation. He made grievance before opposite party and sent letter dated 17-03.2011.and to police.
2.        According to complainant recovery agents of opposite party regularly harass him and his family members in abusive language personally or on mobile. He filed complaint against opposite party to Home Minister,Police and opposite party .He submitted that police informed him to file civil suit.
3.       The Complainant stated that he is a business man having good reputation.He sustained loss of reputation and claimed Rs.5,00,000/- from opposite party. He claimed Rs.5,00,000/- for mental agony / harassment as well as Rs.25,000/- for cost.
4.       He prayed that opposite party be restrained from using muscle power for recovery of loan and claimed interest at 18% p.a. on total amount claimed.
5.      The opposite party filed written statement and denied all the averments of the complainant including allegations relating to deficiency in service.
6.       The opposite party alleged that, complainant had availed the credit card and complainant is liable to pay Rs.1,51,858.89 ps.It is denied that opponent charged more interest .The complainant failed to pay the legal dues to opposite party.
7.       We have perused complaint, written statement ,affidavit of evidence  of complainant, affidavit of evidence of opposite party, written argument filed by both sides.
8.       Admittedly, complainant was having credit card and he obtained loan and alternatively submits the claim of opposite party is barred by law of limitation.
9.       The complainant has not filed any evidence to show that opposite party claimed excess rate of interest and also to regarding harassment and use unfair means,for recovery of loan.
10.       The opposite party has explained in written statement regarding complainant’s Credit Card and loan account and it evident that complainant has not paid loan amount as per agreement.The issue of settlement of account is to be decided proper court and is beyond the scope of Consumer Protection Act

11.               In the result, We pass the following order.

                                        ORDER

1.       RBT  Consumer Complaint No. 228/2011  is dismissed    .

2.       No order as to cost.

3.        Copy of this order be sent to the both parties.