Order no. 39

           The fact of the case in brief is that the representatives of the o.p.s induced the complainant to avail of the credit card facilities of the o.p.s. Accordingly the complainant subscribed the credit card being no. 4477 4686 4076 4002. After holding the said credit card the o.p.s started raising fictitious, imaginary, concocted and false bills. The complainant made strong objection to the o.p.s. Thereafter complainant cancelled the said credit card and called for an one time settlement of dues and the said credit card was closed and inoperative since May, 2008. O.p. 2 vide its offer letter dt. 25/04/2009 offered and called for a full and final dues in relation to the aforesaid credit card for Rs. 3,000/- to be paid in cash on 25/04/2009. O.p. 2 duly collected the said sum of Rs. 3,000/- through o.p. 5. O.p. 5 issue money receipt being no. C0109 7454158 dt. 25/04/2008 acknowledging the receipt of Rs. 3,000/- as payment for full and final settlement of outstanding dues in relation to the aforesaid credit card. O.p. 5 assured that they would shortly issue a ‘No Due’ certificate in relation to that credit card. Despite repeated reminders and requests o.p.s withheld the issuance of ‘No Due’ certificate. The complainant received a demand legal notice dt. 27/01/2011 from on Ld. Advocate Ananda Basu wherein among other allegations the complainant was called upon to pay Rs. 30,182/- being the outstanding amount payable on the closed settled credit card. Complainant immediately contacted with o.p.s but in vain. Hence the application praying for refraining the o.p.s from raising and sending further bills on settled account along with issuance of ‘No Dues’ certificate, compensation and cost.

            O.p.s appeared before this Forum and filed their w/v. in their w/v o.p.s stated that at no point of time, the complainant could clear the entire dues of the bank thereby leaving a substantial sum due and outstanding to the bank. Under such circumstances, disputes and differences arose between the parties. The bank by its statement dt. 28/01/2011 issued a ‘No Due’ statement in favour of the complainant and the account pertaining to the credit card in question was resolved to the satisfaction of both the parties. O.p.s admitted that by an inadvertent mistake the Advocate’s letter dt. 27/01/2011 was issued calling upon the complainant to pay a sum of Rs. 30,182/-. However on the very next day having realized such mistake, the bank issued a ‘No Due’ certificate to the complainant. The complainant had another credit card also, where the complainant was defaulter for last 2 years and outstanding balance of Rs. 32,278.54/- is lying due and payable by the complainant to the bank. O.p.s denied that there was any need to issue any further ‘No Due certificate’  after letter dt. 25/04/2009. Hence the complainant petition deserves to be dismissed with cost.

Decisions with reasons  :-

            We have gone through the petition and evidence in particular.

            It is admitted fact that complainant availed of a credit card being no. 4477 4686 4076 4002. Complainant approached the o.p.s for one time settlement in respect of that credit card. The bank agreed for one time settlement by offering the complainant to deposit a sum of Rs. 3,000/- for full and final settlement. Accordingly bank issued a letter dt. 25/04/2009 where the bank requested the complainant to deposit the sum of Rs. 3,000/-. The complainant deposited the said sum of Rs. 3,000/- in cash which was accepted by bank.

            It is also admitted fact that complainant received a demand notice dt. 27/01/2011 calling upon the complainant to pay a sum of Rs. 30,182/-. O.p.s, in paragraph (7) of the w/v and paragraph (9) of their evidence, admitted that due to an inadvertent mistake  the demand notice dt. 27/01/2011 was issued. Having realized such mistake on the very next day i.e. on 28/01/2011 o.p. bank issued a   ‘No Due certificate’ in favour of the complainant for credit card account in question. Complainant paid Rs. 3,000/- on 25/04/2009 as full and final settlement but all on a sudden o.p. issued a demand notice dt. 27/01/2011 calling upon the complainant to pay a sum of Rs. 30,182/-. If the o.p.s issued the ‘No Due certificate’ in time, complainant would not have to approach this Forum.

            By issuing the demand notice dt. 27/01/2011 o.p.s have made unfair trade practice and for that reason complainant suffered mental agony and had to file this case. Since o.p.s already issued the ‘No Due certificate’ on 28/01/2011 in respect of credit card in question the complainant is entitled to get compensation and cost only. No direction for issuance of ‘No Due certificate’ is required.

            Accordingly the complaint case succeeds.

            Hence,

            ordered

            that the case CC/94/2011 is allowed on contest with cost.    

            The o.p.s are hereby directed to pay a compensation of Rs. 5,000/- for mental agony and harassment of the complainant along with cost of Rs. 2,000/-. O.p.s are directed to pay the aforesaid sum within 30 days from the date of order i.d., @10% interest will be accrued over the entire sum till realization.

            Certified copies of this order be supplied to the parties free of cost.