Tamil Nadu

South Chennai

281/2007

Viender John Nathaniel - Complainant(s)

Versus

CitiBank and another - Opp.Party(s)

Manoj Sreevalsan

13 Nov 2017

ORDER

                                                                        Date of Filing :   28.06.2007

                                                                        Date of Order :   13.11.2017

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.281/2007

MONDAY THIS 13^TH  DAY OF NOVEMBER 2017

Vijender John Nathaniel,

No.63, New Avadi Road,

Kilpauk, Chennai 600 010.                            .. Complainant

 

                                        ..Vs..

1.  M/s. Citibank N.A.,

Rep. by its Vice President and

Head Acceptance Business,

Usage and Retention,

Cards Marketing,

No.2, Club House Road,

Chennai 600 002.

 

2. The Regional Credit Manager,

Citibank N.A.,

No.766, Anna Salai,

Chennai 600 002.                                        .. Opposite parties.

 

Counsel for Complainant           :   M/s. Manoj Sreevalsan & others           

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

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.2,50,000/- as damages for the deficiency of service and Rs.25,000/- as cost of the complaint.

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

           The complainants submit that  he was maintaining two credit cards with the opposite parties bearing credit card numbers a) 5546199922840004 and b) 5425569136633039 respectively.  As per letter dated 19.1.2005 issued by the 2^nd opposite party  confirmed an offer of a structured payment plan; which is otherwise as one time settlement.   As per the offer it was settled that a sum of Rs.85,000/- should be paid by the complainant by way 11 equated monthly installments at Rs.7080/- and 12^th installment is Rs.7120/-.   Accordingly on 19.1.2005 the complainant paid a sum of Rs.7080/- the first installment.   The complainant further state that immediately after the payment of first installment the collection agent of the opposite party M/s. Professional Credit Services issued receipt No.24901.    On verifying the statement of accounts for the month of January 2005; the opposite parties claimed  service charges, late fee and other taxes etc.  which is reflected in the statement.    Immediately the complainant took the matter to the opposite parties officials.  But the opposite parties gave a false assurance to rectify that.  Hence the complainant paid the 2^nd installment amount of Rs.7080/- on 15.2.2005 vide receipt No.19827;  on verification of statement of account for the month of February 2005 it is reflected that the complainant is liable to pay total  a sum of Rs.1,29,497.63.  hence the complainant wrote a letter dated 15.3.2005 & 18.3.2005 to the opposite parties and the police complaint  for which there is no proper response.     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  1^st opposite party and adoptes the 2^nd opposite party is  as follows:

The  opposite parties deny each and every allegations except those that are specifically admitted herein.  The opposite parties submit that the complainant was maintaining two credit cards with the opposite parties and there was huge outstanding since the complainant was a chronic defaulter.  The opposite party accepted for one time settlement and as per the one time settlement the complainant shall pay a sum of Rs.85,000/- by way of 11 equated monthly installment at Rs.7080/- and 12^th installment  is Rs.7120/-.  But the complainant paid the EMI for the month of January 2005 and February 2005 alone.   Thereafter the complainant has not paid any amount and addressed various letters, against executives the collection agent appointed by the opposite parties by complaining to the police etc.   The complainant is a chronic defaulter not entitled to any claim relief under the Consumer Protection Act.  Since the complainant is a chronic defaulter and has not paid the amount,  a sum of Rs.1,29,810.42/- is due to the opposite parties bank.     Hence there is no deficiency in service on the part of the  opposite parties.

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.A22 marked.  Proof affidavit of opposite parties filed and Ex.B1 marked on the side of the  opposite parties.

4.   The points for the consideration is: 

Whether the complainant is entitled a sum of Rs.2,50,000/- as damages for deficiency of service with cost of Rs.25,000/- as prayed for?

 

 

5. ON POINT :

 

          Both parties has not filed any written arguments in this forum.  The opposite parties advanced their oral argument.   The complainant and his counsel have not turned up to advance any oral arguments for long time.  Hence the complainant argument is closed.   The complainant pleaded in the complaint and  stated in the proof affidavit that the complainant was maintaining two credit cards with the opposite parties bearing credit card numbers a) 5546199922840004 and b) 5425569136633039 respectively is admitted by opposite party.  As per  the letter dated 19.1.2005 issued by the 2^nd opposite party the complainant confirmed  the offer of  structured payment plan; which is otherwise as known as one time settlement.   As per the offer it was settled that a sum of Rs.85,000/- should be paid by the complainant by way 11 equated monthly installments at Rs.7080/- and 12^th installment is Rs.7120/-.   Accordingly on 19.1.2005 the complainant paid a sum of Rs.7080/- as the first installment which is admitted.   The complainant further pleaded and stated in the proof affidavit that immediately after the payment of first installment the collection agent of the opposite party M/s. Professional Credit Services issued receipt No.24901 and the collection agent requested to assess the reference  number regarding the one time settlement.   On verifying the statement of accounts for the month of January 2005; the opposite parties claimed  service charges, late fee and other taxes etc.  which is reflected in the statement.    Immediately the complainant took the matter to the opposite parties officials.  But the opposite parties gave a false assurance to rectify the mistake.  Hence the complainant paid 2^nd installment amount of Rs.7080/- on 15.2.2005 vide receipt No.19827;  on verification of statement of account for the month of February 2005 it is also reflected that the complainant is liable to pay total  a sum of Rs.1,29,497.63.  The opposite parties greed for one time settlement and claiming interest; late fee etc., hence the complainant wrote a letter dated 15.3.2005 & 18.3.2005 to the opposite parties and a police complaint  for which there is no proper response.   Hence the complainant filed this case for claiming compensation of Rs.2,50,000/- towards damages.  But it apparently clear that the complainant has not complied / paid the installments as per one time settlement amount of Rs.85,000/- except  two installments of Rs.7080/- for each. 

6.     The learned counsel for the opposite parties contended that admittedly the complainant was maintaining two credit cards with the opposite parties and there was huge outstanding since the complainant was a chronic defaulter.  The opposite party agreed for one time settlement and as per the one time settlement the complainant shall pay a sum of Rs.85,000/- by way of 11 equated monthly installment at Rs.7080/- and 12^th installment  is Rs.7120/-.  But the complainant paid the EMI for the month of January 2005 and February 2005 alone.   Thereafter the complainant has not paid any amount and addressed various letters, against executives the collection agents appointed by the opposite parties by complaining to the police etc.   The complainant is a chronic defaulter not entitled to any claim under the Consumer Protection Act.  Since the complainant is a chronic defaulter and has not paid the amount a sum of Rs.1,29,810.42/- is due to the opposite parties bank as per Ex.A12.    Considering the facts and circumstances of the case this forum is of the considered view that the  complainant is not entitled for any relief as prayed for in the complaint and the point is 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 President and pronounced by us in the open Forum on this the 13^th day  of  November  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 19.1.2005  - Copy of settlement letter issued by the opp. party.

Ex.A2- 19.1.2005  - Copy of payment receipt.

Ex.A3- 15.2.2005  - Copy of payment receipt.

Ex.A4- 19.2.2005  - Copy of statement of account.

Ex.A5- 19.2.2005  - Copy of statement of account.

Ex.A6- 15.3.2005  - Copy of letter issued by the complainant to the opp. party.

Ex.A7-         -       - copy of Ack. Cards.

Ex.A8- 15.3.2005  - Copy of letter issued by the complainant to the police.

Ex.A9- 18.3.2005  - copy of letter issued by the complainant to the Police.

Ex.A10- 23.3.2005         - Copy of reply issued by the complainant.

Ex.A11- 28.3.2005         - Copy of rejoinder issued by complainant.

Ex.A12- 23.11.2005- Copy of statement of account.

Ex.A13- 18.1.2006         - Copy of letter from complainant to opp. party.

Ex.A14- 18.1.2006         - Copy of letter from complainant to police.

Ex.A15-       -       - Copy of Ack. Card.

Ex.A16- 19.2.2006         - Copy of statement of account.

Ex.A17- 28.2.2006         - Copy of complaint given to the K-6, T.P.Chatram

Ex.A18- 6.3.2006  - Copy of legal notice.

Ex.A19-       -       - Copy of Ack. Cards.

Ex.A20- 22.5.2008         - Copy of summons to complainant.

Ex.A21- 22.11.2006- Copy of statement of account.

Ex.A22- 21.;2.2007- Copy of statement of account.

Opposite parties document: -   

Ex.B1- 19.1.2005  - Copy of statement of account.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.