Order-13.
Date-28/02/2017.
Shri Pulak Kumar Singha, Member.
This is an application u/s.12 of the C.P. Act, 1986.
In short the case of the complainant is that on 02/08/2014 complainant took a loan of Rs.2,63,000/- through credit card facility with O.Ps. Bank which would repayable by total 48 instalments and the monthly instalment was settled at Rs.7,589/-, starting from 12/08/2014. The complainant paid 22 instalments as monthly EMI of Rs.7,589/- as per bank record. Accordingly loan amount was credit and was reduced to Rs.68,526/- as on 12/04/2016 as per bank statement of O.Ps. bank. On 23/03/2016 complainant received one phone call from O.Ps. bank using abusive languages and threats with dire consequence. Complainant sent a letter to O.Ps. requesting them to explain the reason and in reply O.Ps. sent a letter stating that credit card facility has been suspended and has been locked for further use without any notice due to non-payment of instalments for last two months i.e. January and February-2016. On 30/03/2016 O.Ps. raised consolidated bill of Rs.45,887/- which includes card foreclosure charges and penal interest. Again O.Ps. sent a letter on 19/05/2016 demanding outstanding balance of Rs.79,907/- where credit card has been closed on 21/03/2016. Such act O.ps. aremalafide, vexatious and harassive in nature for which complainant has suffered both mental pain and financial loss. The complainant appears before this Forum for getting reliefs as prayed for.
O.Ps. have appeared and contested the case by filing W.V. denying the allegations of complainant stating inter alia that the complaint is not maintainable, the petition of complaint is false and frivolous. The complainant never repaid the credit card balance loan amount regularly owing to his not being careful and sincere about timely payment of EMI. O.Ps. bank abiding by RBI guidelines and bank mandate has caused service of all valid information to the complainant for any kind of restoration of his expired credit card owing to his non-payment of EMI instalments. O.Ps. pray to dismissal of the complaint.
Point for Decision
- Whether the complaint is maintainable ?
- Whether O.Ps. were deficient in rendering service ?
- Whether the complainant is entitled to get relief ?
Decision with Reasons
We carefully perused the complaint, evidences, documents and considered the argument advanced by the parties. Complainant stated in his complaint petition that he took loan of Rs.2,63,000/- from O.Ps. Bank through his credit card which payable by 48 instalments where monthly instalment was fixed of Rs.7,589/-. Complainant paid 22 instalments out of 48 instalments. But due to non-payment of two instalments of January and February-2016 the credit was expire during such period. Complainant did not repaid such dues to the O.Ps. On 19/05/2016 O.Ps. sent letter demanding outstanding balance of Rs.79,907/- from the complainant but complainant ignored that letter rather he had been sitting idle by not making payment of dues of O.Ps. bank. As such O.Ps. bank blocked the credit card transaction. Complainant himself admitted that two months EMI was due. From Annexure-C of complaint it appears that O.Ps. bank vide letter dated 18/06/2016 addressed to the complainant clearly mentioned that due amount was not paid in time for which the due amount increased day by day with late payment charge plus service tax plus interest plus service in time with terms and conditions of O.ps. bank. Before taking loan amount the complainant should know the pros and cons of the system of repayment and its consequences. The complainant did not clear the dues in time and credit card was also due to expire during such period, the O.ps. bank blocked the credit card transaction as per terms and conditions of O.Ps. bank stipulated in loan agreement.
Moreover, we find that in the instant case there is clear relation between the parties as debtor and creditor and complainant was defaulter for non-payment monthly instalments for such credit card was also expires its validity. In the instant case where complainant is a debtor and O.Ps. are creditor as such complainant is not a consumer u/s 2(1)(d) of the C. P. Act,1986. Moreover, here complainant being defaulter cannot claim any service from O.Ps. O.Ps. have not any deficiency of service in the instant case. Complainant neither purchase anything nor hired any service from O.Ps. So as per C. P. Act the complainant is not a consumer.
In view of the discussion hereinabove the complaint is not maintainable as per C. P. Act. The complainant cannot be treated as consumer and any defaulter cannot claim for rendering service from O.Ps.
We think that the complaint as such is not maintainable and is liable to be dismissed.
Hence,
Ordered
That the case be and the same is dismissed on contest against O.Ps. being not maintainable in C. P. Act,1986 as amended.
