Order No.  14  dt.  02/11/2016

       The case of the complainant in brief is that the complainant availed of a credit card being no. 5176 3500 0034 8181 from the o.p.s. The complainant also availed of a loan of Rs. 2,00,000/- payable by 36 monthly installments at the @Rs. 6,757/-. The complainant paid 9 EMIs but due to illegal claim the complainant could not paid EMIs in time. The o.p.s sent a monthly statement bill dt. 15/10/2014 mentioning loan amount of Rs. 2,00,000/- along with late fees and EMI amount. Due to non-payment of said illegal claim of Rs. 2,29,989.18/- the o.p.s sent a letter through their advocate on 17/11/2014. The complainant is ready to pay the actual amount and dues but the o.p.s demanded a huge amount.

            Hence, the application praying for supplying the necessary documents for the credit card in question along with compensation of Rs. 3,00,000/- and litigation cost of Rs. 10,000/-. 

            The o.p.s appeared before this Forum and filed their w/v. in their w/v, o.p.s denied all the material allegations inter alia stated that upon request of the complainant, initially a credit was issued vide card no. 4346 7720 0544 6934 which was upgraded on 24/06/2008 to the 2^nd card being no. 4346 7810 0436 8288, again it was upgraded on 08/02/2011 to the 3^rd card being no. 5289 4550 0258 1780 and it was upgraded on 19/03/2012 to the 4^th card ( current one ) 5520 8810 0043 5787 and the outstanding amount was Rs. 1,31,315.11/-. He has also availed of a personal loan being A/C no. 5176350000348181 opened on 06/09/2013 and this A/c has an outstanding of Rs. 2,00,041.79/-. For both the accounts the complainant has failed and / or neglected to pay his monthly due with malafied intention. The complainant has made repeated defaults in paying the bills and thereby caused grave and irreparable loss to the o.p. bank. The o.p. bank at  all material times had co-operated with the complainant and regular monthly statements were sent to the complainant’s mailing address. The o.p.s stated in their w/v that the complainant had framed a concocted story with malafied intention for filing the instant case.

            The complainant took a personal loan in respect of his credit card which had to be paid in 36 EMIs. After paying 9^th EMI, the complainant stopped his payment. The complainant had annexed an Advocate’s notice dt. 24/09/2014 whereby it was clearly mentioned that due to some unavoidable circumstances he had failed to pay the installments. As per Terms and Conditions of the Credit Card, that it is well-known fact that penalty and penal charges are levied on the card account if repayment is not made in time. In order to escape the liability of the payment of legitimate dues the complainant has framed the instant application. Hence the o.p.s prayed for the dismissal of the instant case with exemplary cost. 

Decision with reasons:

            We have gone through the petition of complaint, w/v and materials on record. It is admitted fact that the complainant had a credit card and he had also personal loan to credit card whose A/C no. is 5176350000348181 which was opened on 06/09/2013. A credit card was issued to the complainant vide card no. 4346 7720 0544 6934 which was upgraded on 24/06/2008 to the 2^nd card being no. 4346 7810 0436 8288, again it was upgraded on 08/02/2011 to the 3^rd card being no. 5289 4550 0258 1780 and it was upgraded on 19/03/2012 to the 4^th card ( current one ) 5520 8810 0043 5787 and the outstanding is Rs. 1,31,315.11/-. The complainant agreed to the Terms and Conditions of the uses of the said credit card, which includes increase and decrease of credit limit, Late Fees, Finance Charges and other overdue charges. The complainant had also assured to pay the Credit Card dues in time and without fail. The Terms and Conditions of the Card Member Agreement are binding upon the parties when the complainant swipe of the said credit card or put his signature on the back of the said credit card, which agreement was provided by the opposite parties at the time of issuance of the said credit card.          

            The complainant also took a loan of Rs. 2,00,000/- in respect of his Credit Card which ought to have been paid in 36 EMIs. After paying 9^th EMI the complainant stopped his payment which he already admitted in the 3^rd paragraph of his complaint. If the credit card user fails to pay any amount or makes part payment of entire amount, he shall be charged interest on the amount not paid by him along with other charges which is mentioned in the Card Member Agreement.  

            Therefore, we have observed that the complainant was defaulter in respect of his credit card A/C as well as his personal loan A/C. the o.p.s had raised the bills as per terms and conditions. No deficiency in service has arisen on the part of the o.p.s. Moreover, in order to escape the liability of the payment of the legitimate dues the complainant has filed the instant case. Therefore, the complainant has miserably failed to substantiate the case and as such he is not entitled to get any relief as sought for.

            Hence,

            Ordered

            That the case being no. CC/13/2015 is dismissed on contest.          

            Supply certified copy of this order to the parties free of cost.