Date of Filing:18.07.2007<br /> Date of Order: 10.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 10TH DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 1493 OF 2007 <br /> <br /> D.R. Manjunath,<br /> S/o D.A. Ramegowda,<br /> No.7, II Floor, 7th Main,<br /> Brindavan Nagar,<br /> S.B.M. Colony,<br /> Mathikere,<br /> Bangalore-560054. Complainant<br /> <br /> V/S<br /> 1) G.E. Cash Card ( G.E. Money),<br /> P.O. Box 3310, Jangpura Post Office,<br /> New Delhi-110014.<br /> <br /> 2) G.E. Cash Access Card (G.E. Money),<br /> No.4, Imperial Hotel Complex,<br /> III Floor, Krishna Temple Road, <br /> Indiranagar, Bangalore-560038. Opposite Parties<br /> <br /> <br /> <br /> ORDER<br /> The facts of the case are that, the complainant has taken G.E Cash Card. He decided to clear the whole amount due, so he went to G.E Money, Indiranagar Branch and requested executive for the amount due as on 20/12/2006. He gave cheque of Rs.17,446/- dated 20th December-2006. Cheque was honored on 23/12/2006. He requested for “No Due Certificate” or “Clearance Statement”, the opposite party told that they do not issue such kind of certificates. He requested to stop the card facility and the opposite party told that a letter to Delhi office will be sent. He called up Customer Care and requested to stop the Credit Card facility. The opposite parties are sending statement every month. They told that they will rectify the mistake. He called up Bangalore Branch Office, there was no response. He is very much upset. Therefore, he has sought to do the needful. <br /> 2. Notice was issued to opposite parties. Opposite parties submitted defense version that Cash Card was issued with certain terms and conditions. 15 days grace period is provided for payment of amount due. If the Card Holder pays the amount within due date, no interest is levied. Complainant has put to proof for having issued letter for cancellation as claimed by him. <br /> 3. Affidavit evidence filed. Arguments heard.<br /> REASONS<br /> 4. At the time of arguments, the learned counsel for the opposite parties submitted that now the opposite party is not sending any demand notice or statement to the complainant. It has stopped sending the statement. The last monthly statement sent by the opposite party is dated 3rd Auust-2007 which is for Rs.2,230-76. As per the complainant case the statement of August-2007 is not correct because the complainant has given a cheque for Rs.17,446/- on 20th December-2006 and the cheque was encashed on 23/12/2006 and he has cleared the entire dues and requested the opposite party to issue “No Dues Certificate” or “Clearance Certificate” and he also requested to stop the card facility and as per the complainant he has faxed the letter requested to stop the Credit Card facility. He has also called up Customer Care and requested to stop the Credit Card facility and they told that his request will be forwarded to the Head Office and asked as to where and to whom to surrender the card and they told that he has to break up the card into pieces and he did the same. Complainant was present in person on the date of hearing in the Open Court Hall showed the Credit Card which was in pieces. Therefore, by the case of the complainant it is clear that he had stopped the Credit Card facility. It is also clear that he has requested the opposite parties to cancel the Credit Card facility and he has paid the entire due by giving a cheque and the cheque was honored. Therefore, there is no question of issuing any fresh statement or demanding amount to the complainant. The statement sent by the opposite party on 3rd August-2007 appears to be by mistake, it does not disclose the real fact. The opposite parties have not produced any statement of account or any other record or document to show that the complainant is making use of the Credit Card facility. The opposite parties have not produced any records before the Forum to show that the complainant is due of particular sum on account of the purchase made by him by using Credit Card facility. Therefore, the case made out by the complainant has to be accepted. The opposite parties shall be directed not to send any statement to the complainant and it should cancel the Credit Card facility given to the complainant. The opposite parties should be directed that it shall not take any steps for recovery of Rs.2,230-76. The complainant requested this Forum that an order to the effect that opposite party shall be asked not to send the statement again has to accept and he has not asked for any other relief. In the result, we proceed to pass the following:- <br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite parties are directed not to send any monthly statement to the complainant in respect of the Credit Card facility taken by him. The opposite parties are not entitled to recover amount shown in the monthly statement of 3rd August-2007. <br /> 6. The parties shall bear their own costs.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 10TH DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />