COMPLAINT FILED ON:07.10.2011

DISPOSED ON:09.08.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

9^th DAY OF AUGUST 2012

       PRESENT:- SRI. B.S.REDDY                      PRESIDENT                        

                          SRI.A.MUNIYAPPA                             MEMBER

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainant in person filed this complaint Under Section 12 of the Consumer Protection Act, 1986 seeking direction against the Opposite Party (herein after called as OP) to set right his account as prayed in Para-6, 11, 12 of he complaint on the allegation of deficiency in service.

2. The father of the complainant by name Sri.M.Devaraju, Section Officer Transport Department 101 Ground Floor, 3^rd Gate, M.S.Building, Bangalore-1 filed Memo seeking permission to represent his son in the complaint on the ground that his son is employed infosys and is unable to attend this Forum. 

3. In spite of service of notice, OP failed to appear hence placed ex-parte.  

4.The complainant filed affidavit evidence to substantiate complaint averments.

5. On 04.07.2012 the father of the complainant submitted before this Forum that he is withdrawing the complaint and Memo will be filed.   The file was kept back but later he has not appeared.

6. Earlier the father of the complainant representing has argued the matter.

7. We have gone through the complaint averments, the documents produced and the affidavit evidence of the complainant.   On the basis of these materials it becomes clear that the complainant is the Customer of SBI Card and approached the OP in October-2006 to one time settlement of his dues of Rs.38,553.77/- as per EX.1.   OP agreed to settle the dues and issued an acceptance letter for one time settlement for Rs.34,000.00 as per Annexure-A.   Accepting this complainant issued five cheques of Rs.6,800.00 each towards payment of one time settlement of dues and the details of cheque numbers and amount are mentioned in Annexure-A.   Cheque No.502569, 502570, 502571 each for Rs.6,800.00 issued towards the insatalment of October-2006, November and December were duly honoured as per the ICICI Bank Statement of Account Annexure-B.   The cheque bearing No.502572 of January 2007 for Rs.6,800.00 and

    cheque No.502573 of February 2007 for Rs.6,800/- were not honoured for want of sufficient funds.     To clear these dues the complainant paid cash as per Annexure-C & Annexure-D.   But the OP without accounting the remittances lodged Pre Litigation Dispute before the Member Secretary District Legal Services Authority, City Civil Courts Complex, Behind Cauvery Bhavan, Bangalore-560 009.     The notices were issued to the complainant as per Annexure-E stating that the amount due as Rs.46,725.79/-.   Annexure-F and G are the further Account Statement showing the due as Rs.51,025.94/- and Rs.64,528.21/-.   Thus it is stated that the demand made by OP is too high charges included are much beyond admissible rates, the complainant requested Op to consider his payments and he agreed to pay balance of Rs.4,553.77/-.   OP has not agreed for the same further OP has raised demand for Rs.68,428/- as per Annexure-H, for Rs.74,726.36/- as per Annexure-J, for Rs.81,603.42/- as per Annexure-K, for Rs.89113.38 as per Annexure-L and for Rs.89,113.38/- as per Annexure-M.   As the outstanding amount was only Rs.4,553.77/-, OP has raised the demand notice for Rs.89,113.38/- within the span of 4 years.   Thus it is alleged that there is deficiency of service on the part of the Op, the complainant has suffered huge financial loss besides unnecessary dragging of the issue inordinately.   Hence, it is prayed to set right his account by taking credit of his remittances.    The complainant incurred sum of Rs.2,500/- as expenditure towards conveyance to move often and often to the place of the Op for early settlement of dues.   OP is liable to make good this loss.   Further the complainant has incurred a sum of Rs.3,000/- as medical expenditure as a result of erroneous and irrelevant demand of Op.  The Op is liable to make good this loss.

8. We have gone through the contents of Annexure-A settlement letter, it is mentioned in the letter that the amount stand settled on payment of Rs.34,000/-.   The details mentioned below:

This is one time settlement offer and is subject to the above mentioned schedule.  Please note that you will be liable for all transactions spend yet to be debited to your account.

The above said settlement is subject to realization of Cheques, if any issued by you for settlement.   In case of your failure to comply with the above said Schedule or dishonour of any of the cheques issued by you, this settlement will become null and void at their discretion.

9. Admittedly the cheques issued for the month of January-2007 and February-2007 each for Rs.6,800/- are not encashed.   In view of the same, the settlement terms are not complied by the complainant.   Subsequently, he has made cash payments in respect of these two defaults but those payments cannot be considered as payments as per the schedule fixed by OP-Bank for payment of the amount settled.   When once the schedule of one time settlement is not complied by the complainant, OP cannot be directed to receive the only settled amount and the balances that remained Rs.4,553.77/- as claimed by the complainant.   Thus Op Bank is claiming the entire amount with all consequential charges and interest.   As per Annexure-M the total amount due from the complainant was Rs.89,113.38/-.   There is no any deficiency in service on the part of the OP in demanding this amount on account of the complainant’s failure to comply the schedule of repayment with regard to one time settlement.   It is still open for the complainant to approach the OP-Bank for one time settlement and in the event of such approach OP-Bank may consider for one time settlement.  Accordingly, we proceed to pass the following:

O R D E R

The complaint filed by the complainant is dismissed. Considering the nature of dispute no order as to costs.

 Send copy of this order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 9^th DAY of AUGUST-2012.)

MEMBER                                                         PRESIDENT

Cs.