Orissa

Cuttak

CC/67/2017

Mrs Basanti Behera - Complainant(s)

Versus

General Manager,Indian Overseas Bank - Opp.Party(s)

D K Sahoo

30 Jul 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C No.67/2017

Mrs. Basanti Behera,

W/o: Ranjan Kumar Behera,

At:Mansinghpatna,PO:Tulsipur,

P.S:Lalbag,Town/Dist:Cuttack.                                                  … Complainant.

 

                Vrs.

 

 

1.        Indian Overseas Bank, Represented by it’s General Manager,

Having its Central Office at Transaction Banking Department,

Central Offaice, At: 763, Anna Sakau,Chennai-600002.

 

2.            Manager,

                Indian Overseas Bank, Credit Card Division,

Transaction Banking Department,

Central Offaice, At: 763, Anna Sakau, Chennai-600002.              

 

3.            The Regional Manager,

Indian Overseas Bank, Regional Office,

Bhubaneswar,Dist:Khurda.

 

Branch Manager,

Indian Overseas Bank, At: Barabati Stadium Branch,

Gallery No.1, Club house gate,

Cantonment Road, Cuttack-753001.                                            … Opp. Parties.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   11.05.2017

Date of Order: 30.07.2018

 

For the complainant           :           Mr. D.K.Sahoo,Adv. & Associates.

For the  O.Ps. 1 to 3            :                    None.

For O.P No.4                         :         Mr. G.D.Kar,Adv. & Associates.

 

Sri Dhruba Charan Barik,President.

The complainant has filed this complaint with allegation of deficiency in service and unfair trade practice against the O.Ps seeking appropriate relief against them in terms of his prayer in the complaint petition.

1. Facts of the case as stated in brief are that the complainant was a customer of IOB.  She had availed herself a credit card No.4252 4102 0008 1400 from O.P.4 with a cash limit of Rs.10,000/-.  Subsequently she filed an application to the O.P. on 26.5.13 for one time settlement of her card which was duly accepted by O.P.4 on 27.8.13.  Annexure-1 is the photo copy of her application dt.26.5.13.  The said application was forwarded by O.P.4 to the Regional Office which was also approved on the condition that the entire one time settlement amount of Rs.25,000/- would be paid by the complainant on or before 31.12.13 otherwise the said proposal would stand cancelled. That she had to withdraw cases if any filed against the O.Ps bank and that the O.Ps would claim the write off amount of Rs.33,943.72p from the Balance Sheet  Management Department after receipt of the entire one time settlement amount.  This fact was communicated to the complainant on 23.12.13 by the Sr. Manager.  Annexure-2 is the photo copy of the approval of her proposal for one time settlement sent by the O.P.4 to her.

It is further stated that on 30.12.13 the complainant deposited Rs.25,000/- in view of the terms and conditions vide Annexure-2 with O.P.4 for fore closure of her credit card loan account and she also obtained the acknowledgement thereof.The photo copy of the said deposit slip/acknowledgement has been filed and marked as Annexure-3.

The complainant there after approached O.P.4 for issuance of no dues certificate but the latter told her not to worryand the said document would come from the Central office which take some time. No credit bill was also sent to the complainant by the O.P.4 from 30.121.13 till December,2015.

All of a sudden in December,2015 the complainant received her credit bill amounting to Rs.76,611.03p by post from O.Ps 1 & 2 and in September,2006 another credit bill was received showing the outstanding amountof Rs.95,452.84p against her.Thereafter the complainant contacted O.P.4 who in turn, enquired about this matter from the Central office through letter/E.Mail.Annexure-4 is the photo copy of the said letter/E.Mail of O.P.4 but there was no response from the Central office any longer.Thereafter she sent a letter to O.P.2,3 & 4 through her advocate.Copy of the said advocate’s letter dt.30.1.17 along with postal receipt have been filed and marked as Annexure-5 series.Even thereafter there was no response from the O.Ps.Rather O.Ps 1 & 2 being aggrieved sent demand notice on 23.2.17 to her threatening to recover the outstanding dues as well as the credit bills amounting to Rs.1,07,669.42p.Annexure-7 is the copy of the said bill sent by them.On 17.3.17, the complainant’s advocate sent reply to such demand notice of O.Ps.The copy of which has been filed and marked as Annexure-8 series.

It is specifically stated that the action of the O.Ps are baseless and illegal.Instead of closing the credit loan account, they have again sent inflated bills to her after a long time of depositing the amount as per the demand of the O.Ps.She was put to serious harassment and humiliation and had undergone mental agony for the illegal and unjustified actions of the O.Ps.This is tantamount to deficiency in service and unfair trade practice on the part of the O.Ps.

She has therefore prayed to direct the O.Ps to close/settle her credit card account No. 4252 4102 0008 1400 with effect from 30.12.13 by way of one time settlement, to quash the demand notice dt.23.2.17 issued by the O.Ps claiming inflated bills from her and to further direct the O.Ps not to claim/.recover any dues from her in respect of the said credit card account No. 4252 4102 0008 1400 and also to direct them to issue no due certificate to her.It is also prayed that O.Ps may be directed to pay Rs.70,000/- towards compensation and Rs.10,000/- towards cost of litigation to her in the interest of justice.

2. The O.Ps have been set exparte as no written version was filed by them.   Subsequently counter affidavit has been filed by O.P.3 for himself and on behalf of other O.Ps admitting all the material points averred in the complaint save and except that there was some bonafide mistake made inadvertently by some officials of the O.P Bank.  However it is stated that it would not be tantamount to deficiency in service and unfair trade practice.  It is further stated that the O.Ps bank taking into consideration all the request of the complainant has already settled the account under one time settlement proposal.  Such type of mistakes are not intentional but due to some mistake shown in the computerized system of the bank.  The learned advocate for the O.Ps has also admitted all the facts as stated above in the counter affidavit during course of argument.  Hence ordered;

                                                                                                         ORDER

The case of the complainant is allowed exparte against the O.Ps 1 to 4.  They are directed to close/settle the credit card No. 4252 4102 0008 1400 with effect from 13.12.13 under one time settlement proposal and their demand dt.23.2.17 claiming excess outstanding amount against the complainant is hereby quashed.  They are also directed not to claim/recover any dues further from the complainant in respect of the said credit card account and also to issue no due certificate to her for the same.  In the facts and circumstances of the case, they are also directed to pay compensation of Rs.30,000/- and litigation cost of Rs.5000/- to the complainant.  This order shall take effect within a period of 45 days from the date of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 30^th    day of July,2018 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                          President.

                                                                                                              (Smt. Sarmistha Nath)

                           Member(W)