J U D G E M E N T
The case of the complainant in a nutshell is as follows:
That the complainant is a senior citizen and a savings account holder with OP-1 and had a term deposit of Rs. 5, 50,000=00 with the OP-1. The complainant for the first time got the credit card of the OP-1 in the year 1991 and since then he regularly renews the same in each three years and the last card was issued in favour of the complainant in the month of April 2014 by giving a validity of the same up to March 2017. As the complainant decided to go to Vellore for treatment and check up of himself, his wife and his daughter, he contacted with the OP-1 and consulted regarding using of the card at Vellore for the purpose of his treatment. After consultation with the Manager of OP-1 he deposited a cheque of the SBI of Rs. 20,000 which was encashed in the account of the complainant on 17.4.2014. The OP-1 orally assured him that if there would be available balance at the time of using the card complainant would not face any problem for using
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the same at Vellore. After reaching Vellore he want to CMC, Vellore for treatment and check up and for that purpose he punched his cared in an ATM of Central Bank of India on 22.7.2014 but he did not get any amount. Then on the same day he again visited in another ATM of SBI where he also was refused. The complainant being frustrated traced out an ATM of OP-1 and punched his card on 22.7.2014 and he also did not get any money. Then he has no alternative than to arrange some money for food and lodging and he had to return without completing his required treatment. The complainant had to incur an expense of nearly Rs. 4,500=00 for travelling, nearly Rs. 25,000=00 for food and lodging in Vellore and Rs. 10,000=00 for other expenses other than the treatment expenses. Moreover he had to incur Rs. 30,000=00 for his treatment expenses though the same was not a complete one as due to insufficient fund the complainant had no other alternative to spent his days in hotel room without further treatment up to 26thre July, i.e. the date of return reservation from Vellore. The complainant along with his family members was put in a hardship for non-issuing of amount after punching of card in several ATMs. It is pertinent to mention that after booking sit at Vellore Hospital for himself and his wife being no. M252053C & 2533063C and the daughter of the complainant is suffering from psychological problem apart from CMC, Vellore Hospital for her treatment in branch office of that institution i.e. Bagyam Nilayam, a private ward for family was booked on 19.7.2014being no. 252049C and the Bagyam Nilayam registration no was 213700M Psychiatric II. After returning from Vellore to his residence at Asansol on 28.7.2014 he visited the OP-1 on 30.7.2014 and the OP-1 orally assured him to look after the matter but inspite of several visiting when the OP-1 failed to give any redressal of his grievance then the complainant was forced to send a mail to the OP-2 on 14.8.2014. In reply to that mail the OP-2 tried to give a lame excuse for non-withdrawing the amount. As the complainant is a customer since 1990 and he never violated any terms and conditions of the OP, the conduct of the OP reflects deficiency in service and unfair trade practice, for which the complainant had to return his house without completing his treatment and had to suffer mental pain and agony along with his family. The complainant has prayed relief as under:
- Directing the OP to pay a compensation of Rs. 1, 50,000=00 for loss suffered by him, mental pain and harassment by holding the OP liable for deficiency in service and unfair trade practice.
- Directing the OP to pay an interest @8% p.a. from 22.7.2014 to till date of payment.
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- Directing the OP to pay a sum of Rs. 5,000=00 as litigation cost.
The complaint has been contested by the OP-1 by filing written version denying all the allegations made by the complainant in his petition of complaint. . The OP-1 has denied that before going to Vellore the complainant contacted with him and consulted regarding using the card at Vellore for purpose of his treatment or that after consulting with him he deposited a cheque of the SBI of Rs. 20, 000=00 which was encashed in the account of the complainant on 17.7.2014 or OP-1 orally assured the complainant that if there would be available balance at the time of using the card the complainant would not face any problem for using the same at Vellore. The OP-1 has further stated that it is not correct that the complainant did not get proper service from the OP or that the conduct of the OP rreflect5s deficiency in service and unfair trade practice or that they are liable to indemnity your complainant or that for their act the complainant has to return his house without completing his treatment and the complainant had suffered mental pain agony along with his family. The OP-1 has prayed for dismissal of the complaint with cost.
Despite proper service of notice the OP-2 did not appear and as per order dated 16.02.2015 the case runs ex parte against the OP-2. On 13.3.2015 one vokalatnama was filed on behalf of the OP-2 signed by Branch Manager, Asansol Branch but no document was filed to show that the Branch Manager, Asansol Branch is authorized by the OP-2 to sign the vokalatnama, so the same was not accepted.
Both the complainant and the OP-1 have submitted evidence on affidavit. The complainant has submitted two photocopy of e-mail, photocopy of credit card, photocopy of savings pass book showing deposit of Rs. 20,000=00 0n 17.7.2014, photocopy of electronic reservation slip of Indian Railway etc. OP-1 has filed e-mail copy of the complainant dated 14.8.2014 and the reply from the OP-2 on the same date.
In the affidavit the OP-1 submits that the complainant is credit card holder of its branch and the complainant came to its branch on 17.7.2014 and asked him whether he can use his credit card at other state and it was informed that if the credit card is within the valid period limit and maintain all terms and conditions of Bank then can use it in anywhere. It has also contended that on 17.7.2014 the complainant has transferred Rs. 20,000=00 to savings account from savings account of Smt. Rina Chatterjee on his own will and there is no co-relation between credit card available limit and balance available on his savings account for the purpose of withdrawal but expenditure incurred through credit card will be deducted through the respective savings account. The OP-1 further stated that
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the complainant send a mail to its Bank Head Office Manager Card Division on 14.8.2014 and in reply it was informed by the Head Office that we refer to your mail and regret for the inconvenience caused to you, on analysis, it is observed that the card was not used since more than 2 years. Hence the cared was not automatically activated by the system. Based on your mail today, we have activated the card today. The OP-1 have also stated that it has come to know from Head Office Card Division through mail dated 10.2.2015 that the total limit of the card is Rs. 20,000=00 and the cash limit is Rs. 10,000=00 per month. The OP-1 has denied that before going to Vellore the complainant contacted with him and consulted regarding using the card at Vellore for purpose of his treatment or that after consulting with him he deposited a cheque of the SBI of Rs. 20, 000=00 which was encashed in the account of the complainant on 17.7.2014 or OP-1 orally assured the complainant that if there would be available balance at the time of using the card the complainant would not face any problem for using the same at Vellore.
The admitted fact of the case is that the complainant is savings account holder of OP-1, the complainant was also a holder of credit card of OP-1, complainant renewed the card lastly on April 2014 and it was valid up to March 2017. The complainant alleged that when he went to Vellore for treatment and checkup he failed to use the credit card though he tried to get money from different ATMs and for that reason he had to return back home without completing treatment. This type of act is deficiency in service and unfair trade practice on the part of the OP-1 and for which he had to face great mental pain and agony along with his family members. On the other hand, the case of the OP-1 is that though the complainant is a credit card holder of its branch and a valid credit card holder, but as the card was not used since more than 2 years, hence the card was not automatically activated by the system. After getting the mail from the complainant on 14.8.2014 they have activated the card on the same date and the same has been communicated through e-mail to the complainant. So there is no negligence or laches or deficiency in service and unfair trade practice on the part of the OP-1.
It is seen by us that the complainant is a savings bank account holder and is also a credit card holder since 1991. It is also fact that the complainant renewed the credit card from time to time and the complainant lastly renewed the card in April 2014 and the same was valid up to March 2017. It is also fact that when the complainant used the credit card at Vellore and it has not fulfilled his purpose and for that reason he failed to get money. The Op-1 has stated that as the complainant had not used the credit card for two years, hence the card was not automatically activated by the system. In respect of such
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norms the complainant has failed to substantiate that he has used the credit card during the last two years. When the complainant has stated in his petition of complainant that he got the credit card in the year 1991 then it must be within his knowledge being an old customer of credit card that if the card is not used for a specific period of time as per terms and conditions it will be inactive. As per document submitted by the Op-1 through an e-mail from HO-CCD-Card Dept to Asansol (7201) and copy to others in the last para of point no. 3 it is mentioned that ‘Cards which are renewed manually due to non usage in last 1 year will be sent in inactive state. These cards will be activated only after receipt of the confirmation. Department had received the mail on 14/8/2014 and the card has been activated on the same day.’ In this context we may refer to the document filed by the complainant which is a photocopy of savings Bank pass book from where the transaction from 27.01.2014 to 03.8.2014 has been shown, from where it is crystal clear that in the last more than six months he has not used his credit card for a single time. Moreover the complainant has also failed to prove that he used the card during the last two years by producing any cogent document.
In view of the above discussion it is quite clear that the complainant has failed to prove any deficiency in service or unfair trade practice on the part of the OP-1. Hence, it is
O r d e r e d
that the petition of complaint filed by the complainant is dismissed on contest against the OP-1 and dismissed ex parte against the OP-2. Considering the facts and circumstances of the case there is no order as to costs.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Durga Sankar Das)
Member
D.C.D.R.F., Burdwan
(Durga Sankar Das)
Member
D.C.D.R.F., Burdwan
