Present         (1)      Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                               President

                    (2)      Smt. Karishma Mandal,

                              Member

Date of Order : 30.05.2018

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to remove the incorrect bill and to pay Rs. 15,000/- as compensation and litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that opposite parties have supplied credit card with certain conditions and the transaction limit of the card was fixed upto Rs. 10,400/-. The monthly statement of 9^th May 2007 sent by the opposite parties clearly show that out standing dues is only Rs. 2,673.46/- as will appear from annexure – 1. Thereafter, the monthly installment of June 2007 shows the outstanding dues of Rs. 4,720.76/-and monthly statement of July 2007 reveals outstanding dues of Rs. 5,634.33/-. The opposite parties did not issue the monthly statement of August 2007 but have issued monthly statement of September 2007. From bare perusal of monthly statement of September 2007 it is crystal clear that out standing dues is Rs. 23,311.27/-as will appear from annexure – 2.

The complainant raised objection to the monthly statement of September 2007 before opposite parties as will appears from annexure – 3 but no action was taken. Opposite parties have issued monthly statement of December 2007 and claimed total outstanding dues Rs. 25,002.69/- as will appear from annexure – 4.

The grievance of the complainant is that the complainant has neither applied for temporary credit of Rs. 10,000/- from opposite parties but from monthly statement of September 2007 the EMD temporary credit of Rs. 10,000/- has been mentioned in the name of complainant.

It is further case of the complainant that complainant had deposited money against outstanding dues through cheque on different dates and total payment by the complainant is Rs. 2,572/- but the opposite parties have not adjusted this amount from outstanding dues.

On behalf of opposite parties a written statement have been filed stating therein that as per card holder agreement there is an arbitration clause and as such this case is not maintainable in this forum.

It has been further stated that allegation made in complaint are not true and correct.

It has been further stated that complainant has not paid the dues regularly and the total dues comes to the complainant is Rs. 64,738.59/- as will appear from annexure – B.

No any rejoinder has been filed on behalf of complainant.

The main crux of the case is that the amount of Rs. 2,572/- paid by the complainant had not been adjusted and the monthly statement of September 2007 is not correct.

On behalf of opposite parties it has been asserted that complainant has not paid his dues regularly and the total dues payable by the complainant comes to Rs. 64,738.59/-.

As there is no rejoinder of the aforesaid written statement filed by the opposite parties and the opposite parties have annexed monthly statement of different months vide annexure – B.

We have no any reliable evidence to prove deficiency on either of the sides as there is no rejoinder of annexure – B.

Apart from it disputed facts cannot be decided by this forum. However the complainant is at liberty to file appropriate application before competent authority in accordance with law.

For the discussion made above this complaint petition stands dismissed with the aforementioned observation.

                                  Member                                                                               President