Tamil Nadu

South Chennai

37/2008

R.Gnanasekaran - Complainant(s)

Versus

Citi Bank Card Centre and 2 others - Opp.Party(s)

Party in person

05 Feb 2018

ORDER

                                                                        Date of Filing :   30.01.2008

                                                                        Date of Order :   05.02.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.37/2008

   MONDAY THIS 5^TH DAY OF FEBRUARY 2018

 

R. Gnanasekaran,

No.2, T.N.G.O. Colony Extension,

B-4, 1^st Floor, S & S Amma Residency,

Adambakkam,

Chennai – 88.                                         .. Complainant

 

                                        ..Vs..

 

1.  The Branch Managers,

Citi Bank Card Centre,

Card Member Services,

Post Box No.4830,

Anna Salai Post,

Chennai 600 002.

 

2. V. Mythili,

Manager Customer Care,

Citi Bank Card Centre,

Card Member Service,

Post Box No.4830,

Anna Salai Post,

Chennai 600 002.

 

3. Lakshmi,

Citi Phone Officer,

Citi Bank Card Centre,

Card Member Service,

Post Box No.4830,

Anna Salai Post,

Chennai 600 002                                         .. Opposite parties.

Counsel for Complainant         :    Party in person         

Counsel for opposite parties     :   M/s. R.Balaji & another  

ORDER

THIRU. T.PAUL RAJASEKARAN ::    MEMBER-II

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to have the necessary credits entries in thecredit card account and remove the charges like SurakshaCredit shield, Suraksha Personal Accident, Interest charges, Services Tax, Late payment fee and Transaction Handling charges and also to pay a sum of Rs.50,000/- towards compensationand to pay Rs.5000/- as cost of the complaint.

 1. The averment of the complaint in brief are as follows:

 The complainant submit that  the minimum amount paid for the month of June 2007  and the same was not reflected in the statement for the period  12.05.2007 to 12-06-2007 for which he wrote a letter to the opposite party on 16.06.2007.   Further the complainant state that on 28.06.2007 he received  a letter  from the 1^st  opposite party  stating all other thing  the issue  about check not reflecting in the statement failure.    Further the complainant state that on contact the 2^nd opposite party attended on 03.07.2007 and asked him to pay another sum of Rs.1500- and assured to resolve the issue.  Accordingly the complainant paid Rs.1500/- on 03-07-2007 by way of cheque; was reflected.  In the statement for the period 13.06.2007 to 12-06-2007 issued by the opposite party agreeing that both the disputed amounts were received on 01-08-2007.  Immediately the complainant sent an email  requesting the opposite party 1 to reverse the extra charges claimed by them.  But there is no response from opposite party till date.   However the opposite party send statement of account for the period 12-09-2007 to 10.10.2007 and directed the complainant to pay a sum of Rs.25,675- immediately without using minimum payment. As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in Written Version of  the  opposite parties is  as follows:

The  opposite parties deny each and every allegations except those that are specifically admitted herein.  The opposite parties submit that availing of credit card is not disputed  and complainant was making payment from time to time also not denied vehemently.   The opposite party state  that If there is any discrepancy in the statement of account  it has to be reported to the opposite party within 30 days from the date of receipt of the statement.    Further the opposite parties state that the interest  rate 3.25% is applicable if the cardholder  pays before the due date.  Revolving credit facility is chosen minimum amount   to be payable  of minimum amount is paid 5% interest is charged on the balance amount.  If minimum amount is not paid, Rs.600- will be levied as late payment charges.       Further the opposite parties state that for the benefit of the card holder Suraksha benefit scheme was given to him, the credit card has been  issued as complementary, free of charges and no service charges have been received.  The claim made by the complainant is abuse of process of Law and under Specific Relief Act  made under Sec 41(b) the complaint is not maintainable.  As it is settled principle that there should be evidence on record to establish any loss or injury alleged to have been suffered by the complainant.    In the absence of such proof the claim cannot be sustained and has to be rejected totally. Hence there is no deficiency in service on the part of the  opposite parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 marked.  Proof affidavit of opposite parties not filed and no documents marked on the side of the  opposite parties.

4.   The points for the consideration is: 

1. Whether the complainant is entitled to have the necessary credits entries in the  credit card account and remove the charges like Suraksha  Credit shield, Sureaksha Personal Accident, Interest charges, Services Tax, Late payment fee and Transaction Handling charges as prayed for?

 

2. Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation with cost of Rs.5000- as  prayed for?

5.    POINTS 1 & 2 :

        Both parties has not filed any written arguments.   Opposite party has not filed any proof affidavit and documents.  Complainant filed Ex.A1-A10 and proof affidavit, but not turned up to advance any  argument.  Opposite parties 1 to  3 filed their written version.  Opposite parties arguments heard, perused the records (viz) complaint, written version, proof affidavit and documents.  

6.     The contention of the complainant is that  the minimum amount paid for the month of June 2007  which was not reflected in the statement for the period  12.05.2007 to 12-06-2007 for which he wrote a letter to the opposite party on 16.06.2007 as per Ex.A4.   Further the contention of the complainant is that on 28.06.2007 he received  a letter  from the 1^st  opposite party  stating all other thing  the issue raised.   Further the contention of the complainant is that on contact the 2^nd opposite party attended on 03.07.2007 and asked him to pay another sum of Rs.1500- and assured to resolve the issue.  Accordingly the complainant paid Rs.1500- on 03-07-2007 by way of cheque; was reflected in the statement for the period 13.06.2007 to 12-06-2007 issued by the opposite party agreeing that both the disputed amounts were received on 01-08-2007.  Immediately the complainant sent an email   requesting the opposite party 1 to reverse the extra charges claimed by them.  But there is no response from opposite party till date.   On the other hand the opposite party send statement of account for the period 12-09-2007 to 10.10.2007 and directed the complainant to pay a sum of Rs.25,675- immediately without using minimum payment facility.    Thereby the opposite party tortured the complainant claiming different amount.  Hence the complainant is constrained  to file this complaint.  But complainant had an outstanding amount of Rs.15000/- as per Ex.A4 and overdue amount of Rs.1606.41  as per Ex.A10.

7.     The opposite party after filing written version has not come forward to file any proof affidavit and documents to prove the contents in the written version.   The opposite party contended that availing of credit card is not disputed  and complainant was making payment from time to time also not denied vehemently.   The contention of the opposite party is that If there is any discrepancy in the office  it has to be reported to the opposite party within 30 days from the date of receipt of the statement.    Further the contention is that the interest  rate 3.25% is applicable if the cardholder  pays before the due date.  Revolving credit facility is chosen minimum amount   to be payable  of minimum amount is paid 5% interest is charged on the balance amount.  If minimum amount is not paid Rs.600/-  will be levied as late payment charges; but the opposite party has not produced any guidelines for that.  On the other hand the opposite party has not produced any document   to prove the belated payment.

8.     Further the contention of the opposite party is that for the benefit of the card holder Suraksha benefit scheme was given to him, the credit card has been  issued as complementary card, free of charges and no service charges have been received.  The claim made by the complainant is abuse of process of Law and under Specific Relief Act  made under Sec 41(b) the complaint is not maintainable.

9.     On a careful perusal of documents it is found that complainant paid Rs.5000- on 16-04-2007 (Statement of 11.04.2007 to 11-05-2007) Ex.A1 interest 42% per annum is charged which was against RBI guidelines, minimum amount due is Rs.1199.84 payments  and other credits he paid Rs.6472-.  As per Ex.A2  shown as minimum due Rs.2929.42, as per opposite parties version if minimum due is not paid Rs.600- charges applicable admittedly opposite party charged in their June statement.  In July statement minimum payable amount is Rs.1184.71 in payment amount other credits he paid Rs.3000- (Ex.A3) complainant himself has committed in Ex.A4 his outstanding due is Rs.15,000- for 3 years the accured amount has become Rs.25720.70.  Opposite party informed to complainant vide Ex.A5 he informed 2 policies viz Suraksha Credit Sheld and Sureksha personal accident insurance and rate charged is 0.143% and Rs.72 respectively on the total amount of outstanding on the first of every month.  Opposite party confirmed it is only a complementary card no interest will be charged for renewal.     As per Ex.A6 to A9 there are lot of email communication between complainant and opposite party from 3.7.2007  to 31.07.2007 nothing was materialized between the two.  Ex.A10 shows an overdue amount of Rs.1686.41 and the minimum amount due is Rs.25675.60.  Hence late fee payment  of Rs.600- charged.         Considering the facts and circumstances of the case we are of the considered view that the complainant is a defaulter and having an overdue amount  a defaulter cannot be entertained in the consumer forum.   Therefore the complainant is not entitled for any relief as prayed for in the complaint and the points are answered accordingly.   

        In the result the complaint is dismissed.  No cost.

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 5^th day  of  February 2018.  

 

 MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 11.4.2007 to 11.5.2007         - Copy of Statement.

Ex.A2- 12.5.2007 to 12.6.2007         - Copy of Statement.

Ex.A3- 13.6.2007 to 12.7.2007         - Copy of statement.

Ex.A4- 16.6.2007                     - Copy of letter to 1^st opp. party.

Ex.A5- 22.6.2007                     - Copy of letter received from opp. party-2.

Ex.A6- 3.7.2007                       - Copy of email send to opp. parties.

Ex.A7- 11.7.2007                     - Copy of email sent to opp. parties.

Ex.A8- 31.7.2007                     - Copy of email sent to opp. parties.

Ex.A9- 1.8.2007                       - Copy of email sent to opposite parties.

Ex.A10-12.9.2007 to 10.10.2007- Copy of card statement.

Opposite parties’ side document: -   

 

..Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.