This is an application u/s.12 of the C.P. Act, 1986.
Case of the complainant is that he is the holder of one credit card account bearing no.4718610002447127 lying in the OP1 Axis Bank Ltd., New Alipore Branch and OP1 issued a credit card on 01-01-2009 bearing no.4718610002447127which was received by the complainant on 08-01-2009.
It is specifically alleged by the complainant that complainant did not use the said credit card the OP1 sent a bank statement on 03-02-2009 containing the dues of the particular card amount to Rs.92,109-66 and it was reflected in that statement that Rs.38,837-63 credited and Rs.60,952-93 was debited or dues on 01-01-2009 but the credit card of the complainant was issued only on 01-01-2009.
It is seen from that statement that all transactions (credit and debit) was made from Mumbai from 18-12-2008 to 31-12-2008 but complainant received the aforesaid credit card only on 08-01-2009.
In this regard complainant made complaint to Mumbai Head office and talked with the Head Executive of the Department about the disputes of the transaction but complainant found that the debit of Rs.35,671-84 was mentioned in the bank statement and fact remains the value or time about credit card was expired on 01-01-2011.
The OP1 sent the last statement from 21-04-2011 to 20-07-2011 mentioning the debit balance of Rs.56,364-45 only in spite of the rejection of statement period or validity time on 01-01-2011.
Complainant opened one current account in Axis Bank, New Alipore Branch (OP1) on 14-01-2013 being A/c. No.913020001526720 and deposited money of Rs.2 lakh in cash for educational expenses of the daughter of her daughter and also for building renovation.
As per statement upto 13-02-2013 there is a balance of Rs.79,611-20 but on 14-02-2013 complainant got one message in his mobile and he realized that the said credit card department lien Rs.56,364-34 for the said invalid credit card after deducting the said amount and then balance was showed as Rs.23,145-75 and for deducting the said amount and then balance was showed as Rs.23,145-75 and for deducting Rs.56,364-34 from the complainant’s account complainant was not able to give proper educational help to his daughter. The OP1 made this unethical and illegal deduction without prior permission or prior intimation to the complainant.
Subsequently, complainant on the same date that is on 14-02-2013 lodged an FIR in local P.S. New Alipore and on the same date complainant met with the Senior Executive Officer at Ganesh Avenue, and after hearing Sr. Executive officer assured the complainant but in vain.
Fact remains complainant issued a cheque bearing No.015052 for Rs.56,000/- in favour of Rita Debnath on 27-02-2013 but in spite of sufficient balance the OP1 intentionally bounced the cheque which was highly defamatory and on the same date complainant withdrew Rs.1,800/- through ATM, HDFC and there is mentioned in Mini statement that there is sufficient balance in the account of the complainant in ledger balance. The e-mail ID no. which is mentioned in the statement sent by OP is not the e-mail ID no. of the complainant. That the OP informed the complainant on 06-03-2013 regarding credit Rs.56,364-64 which was reflected in the statement of account and OP also charged Rs.54-96 as consolidated charge for account and Rs.6.79 as service tax @Rs.12.36 percent as charge.
Complainant issued one cheque for Rs.56,000/- on 27-02-2013 when the sufficient balance was lying the complainant’s account but in spite of sufficient account the said cheque was returned on 01-03-2003 without information to the complainant. The OP charged Rs.6,031-84 for SMS charge for non-maintaining the balance which was sent through SMS. So, the complainant sent a letter through his Advocate on 05-03-2012 to all the OPs and Advocate of the complainant sent a letter to the OP but the Bank did not respond on that letter. Though there was sufficient balance amount but the Bank refused to pay the amount to Rita Debnath for Rs.56,000/- which is very illegal work on the part of the OP and in the above circumstances, OP1 sent a letter and mentioned Rs.6,031-84 as lien on 18-06-2014. In the above circumstances, for the overact of the OPs and for deficient manner of service on the part of the OP complainant has prayed for redressal for refunding of Rs.56,364-34 and also for compensation, litigation cost etc.
On the other OPs by filing written statement submitted that in fact the entire complaint is vexatious in view of the fact complainant suppressed the material facts in his complaint. It is the main assertion of the OP that actually OP Bank issued a credit card bearing No.4718610002447127 to the complainant on January, 2003 pursuant to an application received from him and said card was used by him for carrying out transactions but complainant has suppressed the fact that there was outstanding dues and payable under the said card and that the said card was cancelled pursuant to a complaint of unauthorised transactions and complainant has failed to bring to the notice of the Forum that new credit card bearing No.418610002447127 was issued to him under his request subsequently and complainant has suppressed the entire materials fact and approached before this Forum. Fact remains in or about January, 2008 as per prayer of the complainant OP issued a credit card in favour of the complainant bearing No.4718610001171595 with a credit limit of Rs.43,000/-. The said credit card is/was governed by the Card Member Rules and Regulations of the OP Bank which is provided to the customer in the welcome kit along with the credit card and complainant availed that and used the said card extensively and during its normal course on 30th December, 2008 complainant through his phone bearing no.919339799038 intimated the customer care executive regarding some unknown/unauthorized transaction using his credit card and requested the bank executive to block the said card and further requested to issue a fresh credit card. After making initial investigation the OP Bank reversed the amount of disputed transactions and cancelled the sid credit card and issued a fresh card bearing no.4718610002447127 in place of old card 4718610001171595 and at the time of cancellation of the said earlier credit card and after reversal of all disputed transactions the balance outstanding of the old credit card was automatically carried forward in the new card which is reflected in the credit card statements issued to the complainant from time to time and thereafter, bank sent outstanding bills to the complainant month by month and due to his non-payment of the said dues OP Bank was forced to block his credit card facility and its uises.
Fact remains complainant promised that he would pay the dues in time and OP bank, as a customer friendly gesture reversed interst charges, late payment charges and service tax charges and after giving all such waivers OP Bank finally sent a statement demanding the dues of Rs.565,364-45 but the above fact has not been disclosed by the complainant in his own complaint but OP always intimated the complainant about the reversal of the amount of the disputed transaction by sending credit card statements month by month. Although complainant is bound and obliged to make payment, the complainant refused, failed and/or neglected to make payment of his dues under the aforesaid credit card, despite regular issuance of statements in respect of the said fact.
Further complainant has failed to make the payment of which balance of the said credit card was due but simply appear before this Forum by suppressing the earlier transactions, earlier arrears in respect of the earlier credit card which has been cancelled and against which new credit card has been replaced.
Fact remains complainant opened a current account bearing no.913020001526720 with the OP Bank and as there was outstanding in the credit card of the complainant, the OP Bank as per Clause 31.1 of the terms and conditions of the credit card in February, 2013 imposed a lien for the due amount of Rs.56,364-45 upon the current account no.913020001526720 with the OP1 Bank in terms of Clause 31.1 of the Card Member Agreement, the said amount was lien with the present account of the complainant.
Fact remains the OP Bank issued a notice dated 13-02-2013 at the recorded address of the complainant thereby informing the complainant about imposition of lien on the current account and the OP Bank further called upon complainant to clear the outstanding within 7 days from the receipt of the notice failing which the Bank will be debiting his account for recovering the dues. But in respect of that complainant failed and neglected to clear his dues and accordingly, OP Bank debited an amount of Rs.56,364-45 on 05-03-2013 from the account of the complainant. it is specifically mentioned that even after using the benefit of the previous credit card and after cancelling the previous credit card and getting a new credit card and enjoying the service of the said credit card complainant filed this false complaint before this Forum.
It is specifically mentioned that complainant had his first credit card (old one) bearing No.4718610001171595 that was cancelled by the complainant. thereafter, as per complainant’s prayer the present new credit car4d bearing no.4718610002447127 was issued and entire balance dues of the old credit card was included and transmitted to the present new credit card. So, the allegation of the complainant that he never used the present new credit card is at all no value in the eye of law and in fact there was no negligence, deficiency on the part of the OP but entire complaint is false for which the present complaint should be dismissed.
Decision with Reasons
On proper evaluation of the complaint including the written version and also the documents as produced by the parties it is proved that the complainant had one credit card bearing no.4718610001171595 and it is also proved that said credit card was subsequently cancelled by the bank as per prayer of the complainant and as per prayer of the complainant new credit card bearing no.471861002447127 was issued. No doubt in respect of the old credit card there was some outstanding dues and when the old card was cancelled and new card was replaced same was noted in the monthly statement and it is proved from the monthly statement that on 01-05-2009 old card ending with 595 was replaced by new card ending with 127 but prior to that there were certain transactions against which complainant lodged complaint and that disputed transactions were decided by the Bank and Bank deleted the transactions and adjusted the amount and from the monthly statement dated – 20-06-2009 mentioning the new card number it is clear that from that statement a disputed amount for the period from 22-05-2009 to 25-05-2009 were adjusted and accordingly closing balance was found Rs.35,631-82 that was sent to the complainant and thereafter, complainant received monthly statement daily but that said balance figure has now become Rs.56,364-45 and no doubt complainant deducted that amount from the present account of the complainant and letter was sent to the complainant in this regard on 13-02-2012/2013 so apparently it is clear that complainant has not denied the above fact and also the documents in respect of the monthly statement in respect of old credit card which was cancelled by the complainant and no doubt complainant admitted that he got the present new credit card ending with no.127 but complainant nowhere in the complaint has stated that there was no balance due in respect of the old credit card. On the contrary, it is proved that complainant’s allegation is that there was some illegal transaction but that has already been decided by the OP in respect of the old credit card and that has been credited already and that statement has already been sent to the complainant on 20-06-2009 and considering the material document as filed by the OP it is clear that complainant’s balance as on 20-06-2009 was Rs.35,631-82 after adjustment of the disputed transaction. Thereafter, complainant did not pay tht Rs.35,671-82 to the OP though monthly statement was sent month by month and ultimately that figure became Rs.56,364/- and complainant was asked to pay the same again and again by a letter but complainant did not pay for which the said amount was deducted from his present account after giving such proper intimation to the complainant. So, in the circumstances, it is clear that complainant has not appeared before this Forum with clean hand and he has not practically disclosed the truth that he had his previous credit card account that has been closed by him and again a new card was issued and might be in respect of the new credit card no transaction was made but the outstanding of the old card was brought forward in respect of the present new credit card and in fact, OPs sent month by month statement showing the new card number adding the previous balance of the old card with present account of the new card. So, apparently, we have gathered that there was no illegality or deficiency on the part of the OP and complainant’s allegation that OP illegally deducted such amount though complainant did not use the new card is completely false, baseless and without any foundation. But fact remains balance outstanding of the old card was actually Rs.35,631-82 and in fact, complainant ought to have paid the same after receipt of the statement but complainant did not pay the same and only to get relief from the said payment such a false complaint is filed by suppressing the back history of his old credit card and its transaction. Anyway from all the above observation we are convinced to hold that in fact the complainant appeared before this Forum not with clean hand and after considering all materials it is found that complainant had his old card bearing no.4718610001171595 and that was cancelled when there was outstanding dues and the present new card bearing no.4718610002447127 was issued. So, in the light of the above observation we are convinced to hold that the present complaint bears no merit in the eye of law and there was no deficiency, negligence on the part of the OPs and OPs rightly deducted that amount from his account and for which the present complaint fails as a frivolous complaint.
In the result, the complaint fails.
Hence,
Ordered
That the case be and the same is dismissed on contest but without any cost against the OPs. But considering frivolous complaint complainant to pay a penal cost of Rs.10,000/- to this Forum’s Account within 15 days in default penal action shall be started.
