ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
Complainant is the LIC Credit Card holder vide credit care no. 4628470011387007. It is alleged by the complainant that he made his first and last purchase on 1.8.2010 for a sum of Rs.486/- through the aforesaid card at Big Apple, Vikas Puri, New Delhi.
It is further alleged by the complainant that he had also made a part payment of Rs.250/- against an outstanding of Rs.486/- to the OP bank. It is alleged by the complainant that despite his repeated requests, OP bank had not sent the monthly statements of the aforesaid credit care to him.
IT is further alleged by the complainant that on 28.4.2011 he contacted at the customer care number o the OP and requested it, vide request no. 28041125401 to stop and close the credit care services of the aforesaid credit card number and also to settle his credit care account with reasonable rate of interest, but all in vain.
It is further alleged by the complainant that despite his several requests, instead of settling as well as closing his account OP bank started demanding an exorbitant amount of Rs.27000/ from him.
The complainant therefore approached this Forum for the redressal of his grievance.
OPs have contested the complaint and have filed written statement to the complaint filed by the complainant Para 7 & 8 of the W.S. filed by OP no. 1 is relevant and the same is reproduced as under: -
7. That the deponent respectfully submits that as per the terms and conditions of the LIC Credit Card user guide, complainant is liable to make the payments of all the out standings of the said credit card and other charges as applicable with respect to the LIC Credit Card No. 462847001138007. It is pertinent to mention here that complainant has been regularly billed by means of periodical monthly Statements/Bills issued by the opposite No. 1 through courier, email and SMS etc. Thereafter, upon receiving the statements/Bills sent by the opposite party No. 1, the complainant did not raise any dispute and, therefore, complainant was liable to pay the entire amount demanded by the opposite party no. 1, regularly by means of periodical monthly Statements/ bills.
8. That the deponent respectfully submits that the opposite no. 1 has repeatedly called upon the complainant to clear and liquidate the dues in respect to the said credit card. The complainant failed to maintain discipline and to deposit regular minimum amount in the Card account.
We have heard arguments advanced at bar and have perused the record.
Counsel for the OP has contended that the complainant has been regularly billed by means of periodical monthly statement/bill issued by it through courier. E-mails and SMS etc. Despite receiving the statement/Bill sent by it, complainant did not raise any dispute and hence he was liable to pay the entire amount demanded by the OP.
It is further contended by the counsel for the OP that as the complainant failed to deposit the regular minimum amount in the card account as such he is liable to pay the finance charges, late payment, over limit and other charges alongwith the outstanding amount to the OP .
We are however are not is agreement with the contention of the counsel for the OP. Counsel for the OP had failed to place or record any documents which shows that the OP bank had sent monthly statement of credit care to the complainant regularly. Complainant had specifically mentioned in his complaint that on 28.4.2011 he had requested the OP bank vide request no. 28041125401 to settle and close his credit card account. The OP bank has failed to place on record any documents about the action taken on the request made by the complainant on 28.4.2011.
The OP bank instead of settling the credit card account of the complainant, raised the self willed amount of Rs.26,237.86 as outstanding which amounts to unfair trade practice and deficiency in services on the part of the OP bank.
It is not denied by the OP that the complainant had made purchases on the credit care only once and that too for a petty sum of Rs.486/-. The complainant had made payment of a sum of Rs.250/- leaving a balance of Rs.236/- to be paid. No other transaction was carried out on this card and the complainant is being asked to pay a huge sum of Rs.26,237.86 this despite the fact that the complainant had clearly intimated OP bank on 28.4.2011 to close his account and to inform him about the amount due.
The complainant has specifically given the complainant no. which was registered on his request. The specific allegation of the complaint in this regard has not been denied by the OP bank.
We are therefore of the considered opinion that the OP is deficient in rendering service to the complainant accordingly we direct OP bank as under:-
- To zeroies the account of the complainant.
- Pay to the complainant a sum of Rs.5000/- (Rupees Five Thousand only) for pain and agony suffered by him.
- Pay to the complainant a sum of Rs.5000/- (Rupees Five Thousand only) as a cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on.....................
