In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 287 / 2009.
1) Subhra Kanti Saha,
Santi Niketan Complex, Block-A, 2nd Floor,
8, Bachaspati Para Road, Kolkata-700076. ---------- Complainant
---Versus---
1) CITI BANK, The Manager, Credit Card Department,
124, Jeevan Bharati Building,
Connaught Circus, New Delhi-110001.
2) CITI BANK, The Branch Manager (Credit Card Department),
Kanak Building, 41, Chowringee Road, Kolkata-700041. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 25 Dated 27/04/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Subhra Kanti Saha against the o.ps. Citi Bank. The case of the complainant in short is that complainant took a credit card from the o.ps. bank vide no.4385 8715 0557 9004 upon payment of all requisite fees and all formalities. Accordingly, after getting such credit card complainant has started using that he has paid the due amount according to the bills generated by the o.ps.In the month of March of 2009 complainant discovered and shocked that the exorbitant rate of interest @ 3.5% per month levied against the aforesaid card which compounded to @ 42% p.a. including service taxes, finance charges, educational cess. After careful perusal and scrutiny of the credit card statement specially the statement of April, 2009 of the credit card statement of account of complainant it was reflected by the complainant and came to the knowledge of the complainant that the said credit card statement are not fully correct and proper. As per knowledge of complainant as no transaction was done by complainant. But o.ps. have intentionally and deliberately have shown and charged several charges and fees and transactions and fixed an amount of Rs.2,36,714/- only as outstanding dues. Thereafter on receipt of the aforesaid statement complainant made several requests personally and lastly in writing through ld. advocate on 28.5.09 for redressal of his dispute but no result was there. Hence, the case.
O.ps. had entered their appearances in this by filing w/v wherein they stated that the post dated cheques lying with o.ps. issued by complainant were encashed by o.ps. as against the aforesaid dues shown in the statement of account for the month of April, 2009 and has prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It has been alleged by complainant that o.ps. took 42% interest p.a. vide para 5 of the petition of complaint, but it has been observed by Hon’ble State Commission that bank cannot charge towards penal interest above 36% p.a. as per RBI guidelines.
So, it appears to us that o.ps. had some deficiency on their part being service provider to its consumer / complainant within the scope of C.P. Act and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint of complaint is allowed on contest with cost against the o.ps. O.ps. are hereby directed to refund the penal charge amount for the difference 42% p.a. to 36% p.a. towards penal charge as per RBI guidelines together with interest @ 9% p.a. from the date of encashment of post dated cheques till the date of realization and o.ps. are further directed to pay to complainant compensation of Rs.5000/- (Rupees five thousand) only for his harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
