Order No. 13 dt. 20/02/2017
The case of the complainant in brief is that the complainant opened a credit card account no.5241780000026836 with o.p. bank through their Kolkata Branch at Shakespeare Sarani. The complainant is not using the credit card since 9.5.12. The complainant in spite of not using the credit card o.p. unauthorizedly charged excessive amount from o.p. and also claimed interest, service tax, etc. from the complainant. The complainant by a letter requested the o.p. to cancel his credit card as he does not want to continue it with the said credit card. On the objection raised by the complainant the o.p. reversed all their charges vide their statement for the period 11.7.12 to 10.8.12. The o.p. did not cancel the complainant’s credit card in spite of clear instruction to them. The complainant on numerous occasions requested the o.p. for issuance of no due certificate but no action was taken by o.p. In view of the said fact the complainant by filing this case prayed for waiving the unauthorized fictitious charges for Rs.730/- and close the credit card account of the complainant and also prayed for compensation of Rs.30,000/- and litigation cost of Rs.5000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that o.p. issued a credit card in favour of the complainant with a credit limit of Rs.20,000/- and the said card was/is governed by the credit member rules and regulations of o.p. bank. The complainant availed and used the said credit card but failed and neglected to pay the renewal charges and service tax which is bound to pay as per the credit card rules and regulations. Due to failure on the part of the complainant the interest on the said amount kept on increasing day by day. After lapse of two years the complainant filed a complaint before the CA & FBP, Govt. of West Bengal and upon receipt of notice o.p. bank duly attended the meeting but the complainant failed and neglected to appear. The o.p. bank waived substantial amount to the tune of Rs.9078/- but in spite of such waiver the complainant failed and neglected to pay the balance amount of Rs.730/- which he was under obligation to pay. In view of such facts and circumstances of the case o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant had the credit card facility from o.p.
- Whether the complainant failed and neglected to pay necessary charges to o.p.
- Whether the o.p. waived the amount of Rs.9078/-.
- Whether the o.p. will be entitled to get any amount from the complainant.
- Whether there was any deficiency in service on the part of o.p.
- Whether the complainant will be entitled to get any relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant applied for credit card facility from o.p. The o.p issued a credit card facility to the complainant and the complainant though possesses the credit card but he never used the said credit card. Subsequently the complainant asked the o.p. to cancel the credit card by a letter dt.26.6.12. In the said letter the complainant also brought to the notice of o.p. that he is not using the said credit card since 9.5.12. The o.p. in spite of getting the letter from the complainant did not act as per the request of the complainant, subsequently the complainant was charged amount of 9808.33 by imposing various charges, interest, etc. Since the complainant was unnecessarily asked for the said amount, the complainant being annoyed against the o.p. filed this case praying for direction upon the o.p. for waiving the further claim of o.p. of Rs.730/- and also prayed for compensation and litigation cost.
Ld. lawyer for o.p. argued that the credit card was provided to the complainant with a credit limit of Rs.20,000/- and the said credit card was/is governed by the card member rules and regulations of o.p. bank which was provided to the complainant in the welcome kit along with the credit card agreement schedule of charges etc. The complainant since failed to pay the necessary charges therefore the said amount was asked from the complainant. The complainant while made an allegation against the o.p. before the CA & FBP, Govt. of West Bengal o.p. appeared but the complainant failed to appear. The complainant was given the relief by o.p. by waiving a substantial amount to the tune of Rs.9078/- but in spite of such waiver the complainant failed and neglected to pay the balance amount of Rs.730/-. Since the complainant suppressed the material fact and did not come with clean hands therefore o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant applied for credit card to o.p. The o.p. on the basis of the application made by the complainant provided a credit card to the complainant. The complainant used the said credit card but he informed the o.p. subsequently that he was not using the credit card since 9.5.12. The complainant asked the o.p. to cancel the credit card facility but o.p. did not take any action on the basis of the request of the complainant. On the contrary, o.p. imposed various charges upon the complainant. Ultimately an amount of Rs.9808.33 was asked to be paid by the complainant. The complainant further coming to know that of the said information from o.p. became astonished and sent a letter to o.p. to know as to how such demand was being made. Whenever the complainant found that no action was taken by o.p. the complainant had to lodge a complaint before CA & FBP, Govt. of West Bengal and a meeting was called whereby o.p. was present and o.p. agreed to waive an amount of Rs.9078/-, only the claim made by o.p. from the complainant to the tune of Rs.730/-. The complainant did not attend the said meeting, on the contrary he filed this case praying for waiving of the said amount as well as compensation. The complainant in order to get the compensation from o.p. deliberately filed this case by avoiding the meeting called by CA & FBP, Govt. of West Bengal. Since the complainant has not come with clean hands and the object of the complainant is to squeeze money from o.p. therefore we hold that the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.21/2015 is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
