PER SHRI. S.S. PATIL - HON’BLE MEMBER :
1) This is the complaint regarding deficiency in service on the part of Opposite Parties as they did not cancel the credit card of the Complainant, though its loss was communicated to the Opposite Parties, thereby causing financial loss, mental agony and harassment to the Complainant.
2) The facts mentioned in the complaint by the Complainant are that he was availed the credit card facility of the Opposite Party Bank and he had been using this facility within the credit limits. He had Credit Card No.4476929997613952 issued by the Opposite Party No.2. It is stated by the Complainant that this card was lost in the last month of March, 2005. The loss of this card was immediately communicated to the Opposite Parties on telephone and it was also requested to cancel the card. The balance to be paid by the Complainant to the Opposite Party was Rs.18,835/- by the end of March, 2005. The Opposite Parties had told the Complainant that the card would not be cancelled unless the total balance is paid by the Complainant to the Opposite Parties. Accordingly the Complainant paid total amount of balance of Rs.18,835/- on 08/04/05. Annexure C1 is the xerox copy of the voucher of Rs.18,835/- He also applied to the Opposite Party No.1 on 08/04/05 requesting the Opposite Party to cancel the above said credit card. However, the statement of account of credit card for the month of April, 2005 does not show the closing of the above said account.
3) Thereafter the Complainant received the statement of account for the above said credit card. It contained the entries of transactions which the Complainant never transacted. The card was lost in March, 05 and its intimation was given to the Opposite Parties on 08/04/05. Thus, these transactions have clearly indicated the negligence of the Opposite Parties who, inspite of written intimation, did not make necessary changes in the programme and did not cancel the credit card.
4) The Complainant again received a statement of account in respect of the above credit card for the period from 08/06/05 to 0/07/05. At this time one Shri. Ahemed Khan and others came to the residence of the Complainant for recovery of the amount. The Complainant showed them the papers. Mr.Khan was satisfied with the papers. But after some time again some persons from Opposite Parties continued to harass the Complainant for payment of amount outstanding in the credit card account. The purchases shown in the credit card account were not made by the Complainant and accordingly he informed the Opposite Parties officers but he was continuously receiving the threatening calls from the officers of the Opposite Parties to repay the amount.
5) The Complainant has further stated that the Opposite Parties continued to send the statements of accounts to the Complainant. New charges were being added by the Opposite Parties on the said amount for non payment. They insulted the Complainant and also threatened to cause physical harassment. It is further averred that the Opposite Parties caused the Complainant to suffer physical & mental torture and monetary expenditure. Then the Complainant sent a notice dtd.12/09/06 to the Opposite Parties.
6) Finally the Complainant has prayed that –
a) The Opposite Parties be directed to withdraw all the statements of undue payments and to restrain them to send men
visiting the residence of the Complainant.
b) It is also prayed that the Opposite Parties be directed to pay Complainant an amount of Rs.5,000/- towards the
expenditure incurred on follow-up matter.
c) The Opposite Parties be directed to pay to the Complainant an amount of Rs.2,00,000/- towards the compensation for
mental torture, inconvenience, physical trouble, loss of reputation, etc.
d) Opposite Parties be directed to pay Rs.25,000/- towards the cost of proceedings.
The Complainant has attached the xerox copies of the following documents -
a)Receipt dtd.08/04/05 of Rs.18,835/-.
b)Letter dtd.08/04/05 of the Complainant to the Opposite Party.
c)Credit Card Statement of account for the period from 08/04/05 to 07/05/05.
d)Credit Card Statement of account for the period from 08/06/05 to 07/07/05.
e)Credit Card Statement of account for the period colly. July,05 to April, 06.
f)Letter dtd.18/04/06 of Opposite Party to Complainant.
g)Notice dtd.12/09/06 issued by Complainant to Opposite Party.
h)Receipt of acknowledgment of the notice.
7) The complaint was admitted. Notices were served on the Opposite Parties. Opposite Parties submitted its common written statement wherein it stated that the Complainant has filed this complaint in order to avoid payment of legitimate dues of the Opposite Parties. The Opposite Parties have admitted that, the Complainant had availed the credit card facility of the Opposite Parties through Credit Card No.4476929997613952. The Complainant had made a payment on 08/04/05. This receipt shows balance of Rs.165/-. (The Opposite Parties have avoided to mention that the Complainant has made payment of Rs.18,835/- by this receipt dtd.08/04/05). The Opposite Parties further stated that relevant entries including other charges were brought forward in statement of account for the period from 08/04/05 to 07/05/05. After reversing certain entries the closing balance was Rs.99.56. This amount remained payable by the Complainant.
8) The Opposite Parties have further submitted that the letter dtd.08/04/05 produced by the Complainant does not bear the signature of the receiver. The Opposite Parties have not admitted the receipt of this letter by the Pedder Road Branch. It is further averred by the Opposite Party that during the period from 08/06/05 to 07/07/05 the Complainant made huge expenses on his credit card. These expenses appeared in the said statement of account. The Complainant failed to make payment of these expenses as a result, other charges were shown in the subsequent statements of account. Thereafter the Complainant sent a letter dtd.12/09/06 and in that letter stated that on 08/04/5 he had made an application to cancel his credit card knowing fully well that unless, the entire outstandings are cleared, credit card will not be cancelled. The Opposite Parties have stated that the Complainant has not followed the procedure to close the credit card. Therefore, it is the contention of the Opposite Parties that there is no deficiency in service on their part and the complaint be dismissed with cost.
9) The Complainant filed affidavit of evidence and written argument wherein the facts mentioned in the complaint are reiterated. The Opposite Parties have also filed affidavit in evidence and written argument wherein it reiterated the facts mentioned in its written statement.
10) We heard the Ld.Advocates for both the parties and our findings are as follows.
The Complainant has availed the credit card facility from the Opposite Parties through Credit Card No.4476929997613952. He has produced the receipt dtd.08/04/05 according to which he had paid Rs.18,835/- to the Opposite Party. The Complainant has produced the statement of account in respect of the above credit card for the period from 08/04/05 to 07/05/05. According to this document Rs.99.56 stands in credit of the Complainant i.e. the closing balance is Rs.99.56 C.R. payment due – Nil. That means on 07/05/05 the Complainant did not owe any amount to the Opposite Party but the Opposite Parties owed Rs.99.56 to the Complainant. Inspite of this the Opposite Parties have averred in his written statement that Rs.99.56 remained to be paid by the Complainant. This is certainly misleading statement by the Opposite Parties.
11)It is the contention of the Complainant that he lost his credit card some time in the last week of March, 05. He averred that this fact was immediately communicated to the Opposite Parties on telephone. He has also averred that on 08/04/05 he submitted an application dtd.08/04/05 immediately after making a payment of Rs.18,835/-.
12) We have perused this letter dtd.08/04/05 written by the Complainant. It is the contention of the Complainant that this letter bears the stamp of Opposite Party Bank, Pedder Road Branch. The letter dtd.08/04/05 is regarding the canceling of the credit card. The Complainant produced the original copy of this letter kept with the Complainant with himself. We perused the stamp of the Opposite Party Bank on the copy of the letter dtd.08/04/05. This indicates that the Opposite Party bank at Pedder road branch had received this letter on the 08/04/2005.
13) Statement for the period 08/06/05 to 07/0/05 clearly shows New charges and debit of Rs.19,727/- and the closing balance was Rs.19,602/-. However, the current minimum payment due was shown only Rs.980.15. Thereafter Opposite Parties continued to send statements of accounts every month adding its charges to this amount. Lastly the Complainant had sent a letter dtd.12/09/06 mentioning the entire facts. The Complainant averred that he contacted so many officials and made efforts to convince the Opposite Parties officials regarding his stand, but in vain.
14) Thus, it is clear that on 08/04/05 the Complainant had paid all the dues of the Opposite Parties. It is the contention of the Opposite Parties itself that the credit card is cancelled only when all the dues are paid to the Opposite Party. In the instant case, the Complainant had paid more than what he was to pay to the Opposite Party. In addition, he had given in writing to the Opposite Party that his credit card be cancelled. The stamp of the Opposite Party on the letter dtd.08/04/05 clearly indicates that it was duly received by the Opposite Party bank at Pedder road branch. Under such circumstances, it was the duty of the Opposite Parties to cancel the credit card and send the amount of Rs.99.56 to the complainant by their own cheque. However, the Opposite Parties failed to perform its part and thus there is a deficiency in service on the part of Opposite Parties.
15) Regarding the other allegations of the Complainant that some people came to his residence for the recovery of the amount and gave threats, insulted him, are not substantiated with any documentary or cognate evidence. Therefore, in our considered opinion, the Opposite Parties are deficient in its service for not closing the credit card account and showing huge amount recoverable from the Complainant. This has caused mental agony to the Complainant. The Opposite Parties are therefore liable to pay jointly and/or severally to the Complainant. The Opposite Parties also owed Rs.99.56 to the Complainant since, 08/04/2005. Therefore, we pass the following order -
O R D E R
i. Complaint No.458/2006 is partly allowed.
ii The Opposite Parties are directed to pay jointly and/or severally Rs.99.56 to the Complainant alongwith 10 %
interest p.a. from 08/04/2008 till its full payment.
iii.Opposite Parties are directed to pay jointly and/or severally Rs.10,000/- (Rs. Ten Thousand Only) to the
Complainant for mental agony and inconvenience.
iv.Opposite Parties are directed to pay jointly and/or severally Rs.5,000/- (Rs. Five Thousand Only) to the
Complainant towards the cost of this complaint.
v.Opposite Parties are directed to comply with the above order jointly and/or severally within 30 days from the
receipt of this order.
vi.Certified copies of this order be furnished to the parties.
