Jharkhand

Bokaro

CC/18/75

Usha Sinha - Complainant(s)

Versus

Branch Manager, HDFC Bank Ltd. - Opp.Party(s)

Surendra Prasad Sah

02 Feb 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-02-07-2018

Date of final hearing-01-02-2023

 Date of Order-02-02-2023

Case No. 75/2018

Smt Usha Sinha W/o- Dr. Jagpati Prasad,

R/o- Ram Nagar Coloney, 3 D.D. School,P.O. and P.S.- Chas,

 District- Bokaro, Jharkhand

Vs.

1. Branch Manager, HDFC Bank Ltd.

(Credit Card Division) Hotel Vaibhav Building Ground Floor,

Bye Pass Road, Chas, P.O. & P.S Chas, District- Bokaro, Jharkhand

2. Branch Manager HDFC Bank Ltd. (Credit Card Division)

Ceebros Building, # 110, Nelson Manickam Road,

Aminjikarai, Chennai

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgment-

1. This case has been filed by the complainant with prayer to direct the O.Ps. to pay Rs. 10,000/- (the amount related to insurance policy which has been withheld) with 12% interest since 26.03.2018, Rs. 7000/- compensation for various type of harassment and Rs. 5000/- as litigation cost to the complainant.
2.  Case of the complainant in short is that on inducement of the agent of the O.Ps. that on each transaction through Platinum  Plus Credit Card complainant will get 5% additional rebate on all items including diesel, petrol etc. on which she purchased Platinum  Plus Credit Card No. 5520-8800-0135-7644 but later on she found that on purchase of goods more amount was being debited hence on 14.02.2014 she prayed to close the facility of Platinum  Plus Credit Card but it was not closed. Further case is that legal notice dt. 13.04.2015 , 20.11.2017, 12.03.2018 have been given to the O.Ps. having no response rather later on telephonic information was received that complainant is having balance of Rs. 21,157.88 with her related to HDFC Bank A/c No. 05291870000103 hence on 26.03.2018 Rs. 10,000/- received from LIC was also withheld hence this case has been filed.
3. Inspite of appearance of the O.Ps. they have not filed W.S. hence vide order dt. 05.04.2019 they have been debarred from filing W.S. However, Ld. Counsel for the O.Ps. has participated in the case and has filed written notes of argument denying the allegation and has provided detail statement of the account of the complainant.
4. Now, we have to see whether complainant is entitled to get any relief as claimed ?
5. On perusal of the papers annexed with the complaint petition annexure-1 is the photo copy of the application dt. 14.02.2014 of the complainant by which she has prayed for closure of credit card account this fact is being supported by the written notes of argument in which at para d of factual matrix it is mentioned that said account has been permanently suspended on 30.06.2014 due to non payment of the card dues. In this way the fact related to prayer for closure of account has been contradicted by the O.Ps. Annexure-1/A is photo copy of the application dt. 07.04.2018 by which complainant has demanded statement of the account. This fact is being contradicted by annexure-3 through which said amount has been kept on hold for want of nonpayment of more dues to the O.Ps.
6. Annexure- 2 is photo copy of the card, annexure -3 is photo copy of the notice dt. 26.03.2018 issued by the O.Ps. for deposit of balance amount Rs. 21,157.88/- in which fund of Rs. 10,000/- has been kept on hold. Annexure-4, 4/1 and 4/2 are photo copy of Advocate Notice dt. 13.04.2015, 20.11.2017 & 12.03.2018 showing some over writings in the dates. Annexure-5 is photo copy of the postal receipts related to sending of some letters to the O.Ps.
7. Except above noted photo copies of the papers no other evidence has been produced by the complainant. It is very much clear that there is no evidence by the complainant regarding any inducement by the agent of the O.Ps. for issuance of Platinum Plus Credit Card. Therefore, on this aspect there is no any evidence by the complainant. It has been disclosed during argument of the O.Ps. by filing written notes of argument that said card has been permanently  suspended on 30.06.2014 due to non payment of dues. Annexure-3 is very much clear that on 26.03.2018 there was dues of Rs. 21,157.88 in respect to credit card account of the complainant about which there is no any material/evidence to show that said notice is baseless. In the Written Notes of Argument it has been specifically mentioned that hard copy of the account statement was being regularly send to the complainant on each month basis on her registered address. Contrary to it complainant has produced no any evidence. Details account statement has also been filed by the O.Ps. as annexure-2 which shows that since 02.06.2013 dues on the complainant has increased and monthly statement has been given to the complainant on her address as mentioned in the complaint petition.  In this way there is no evidence by the complainant to prove her case for grant of relief as prayed.
8. In light of above discussion we are of the view that complainant has not proved her case for grant of relief as prayed. Accordingly this case is being dismissed.

 

(J.P.N. Pandey)

                                                                                      President

                                                                                               

 

 

                                                                               (Baby Kumari)

                                                                                       Member