Order No. 12 dt. 29/01/2019
The case of the complainant in brief is that the complainant availed the credit card facility issued by o.p. with the allegations that HDFC Bank Credit Card Division made breach of contract a set off his FD without any prior notice to him. They forcibly realized almost 3 times of actual dues breaking his FDR of Rs.24,907.35 lien with them against this credit card limit. The outstanding dues showed in their bills were nothing, but the accrued interest and financial charges charged by them in his account every month without any notice. The complainant after coming to know of the said fact brought to the notice of o.p. bank and raised his dispute to solve the problem. Then the total dues in his credit card account was of Rs.13,603.48. The total dues accumulated due to interest and finance charges. Those were not against any purchases. The complainant in Sept.- Oct. 2015 started negotiation with o.p. bank through e-mail and requested them to reverse their entire dues. During negotiation they agreed to reverse Rs.6383.15 against the bill dt.15.10.15 and they confirmed it through their e-mail. At that point of time o.p. realized that they made mistake by way of not informing him about the high interest rate and finance charges before issuing the credit card to him and they confirmed the said fact i.e. 50% of the total outstanding dues was agreed to be reversed in favour of the complainant and he was informed through e-mail on 23.10.15 and 29.10.15. Thereafter the complainant tried to convince the o.p. bank to reverse 75% of total dues, but o.p. turned down the said request and they refused to reverse even Rs.6383.15 and they asked the complainant to pay the full amount. The complainant denied to pay the amount. Having regard to the said fact the complainant refused to pay the claim of o.p. being the amount of Rs.17,195.35. Having regard to the said fact the complainant made allegation against the o.p. that by making unfair trade practice o.p. claimed the said amount and on the basis of the said fact the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.24,907.35 along with interest @ 10% p.a. as well as prayed for compensation and litigation cost.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that in the month of Oct. 2011 the complainant approached the o.p. bank for availing a credit card and accordingly, the same was provided to him. At the time of obtaining the credit card the complainant executed a declaration in respect of FD A/C No.04784410012668 authorizing the o.p. bank to liquidate the said FD without any notice towards the outstanding of the said credit card. On the basis of the said fact the complainant was provided with an international credit card. The complainant has been using the said credit card regularly and the statements were provided to the complainant. In spite of receipt of the statement the complainant failed and neglected to pay the amount raised towards the usage of the said card and as such, the sum of Rs.17,195.35 became due on 15.12.15 and the complainant was asked to pay the said amount. The complainant thereafter sent an e-mail and o.p. agreed to reverse the amount of Rs.6383.15 and requested the complainant to accept the same, but the complainant did not accept the said offer and he wanted to have more reversal of the charges which was not accepted by o.p. Thereafter o.p. made several requests to the complainant for payment of the amount, but whenever the complainant failed to comply the request the o.p. in exercise of its right has provided under the declaration executed by the complainant invoke the lien marked on the aforesaid FD A/D and adjusted the outstanding the amount of Rs.18,435 from the FD A/C which was duly communicated to the complainant. The complainant was informed that there is no outstanding amount after the adjustment of the said amount in respect of the said credit card. On the basis of the said fact the complainant filed this case having no cogent whatsoever for which o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant had the credit card with o.p.?
- Whether the complainant accepted the offer made by o.p.?
- Whether the o.p. exercised the right as per the lien in respect of the said FD A/C for realization of the outstanding dues of the complainant?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant availed the credit card facility issued by o.p. with the allegations that HDFC Bank Credit Card Division made breach of contract a set off his FD without any prior notice to him. They forcibly realized almost 3 times of actual dues breaking his FDR of Rs.24,907.35 lien with them against this credit card limit. The outstanding dues showed in their bills were nothing, but the accrued interest and financial charges charged by them in his account every month without any notice. The complainant after coming to know of the said fact brought to the notice of o.p. bank and raised his dispute to solve the problem. Then the total dues in his credit card account was of Rs.13,603.48. The total dues accumulated due to interest and finance charges. Those were not against any purchases. The complainant in Sept.- Oct. 2015 started negotiation with o.p. bank through e-mail and requested them to reverse their entire dues. During negotiation they agreed to reverse Rs.6383.15 against the bill dt.15.10.15 and they confirmed it through their e-mail. At that point of time o.p. realized that they made mistake by way of not informing him about the high interest rate and finance charges before issuing the credit card to him and they confirmed the said fact i.e. 50% of the total outstanding dues was agreed to be reversed in favour of the complainant and he was informed through e-mail on 23.10.15 and 29.10.15. Thereafter the complainant tried to convince the o.p. bank to reverse 75% of total dues, but o.p. turned doe the said request and they refused to reverse even Rs.6383.15 and they asked the complainant to pay the full amount. The complainant denied to pay the amount. On the basis of the said fact the complainant refused to pay the claim of o.p. being the amount of Rs.17,195.35. On the basis of the said fact the complainant made allegation against the o.p. that by making unfair trade practice o.p. claimed the said amount and on the basis of the said fact the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.24,907.35 along with interest @ 10% p.a. as well as prayed for compensation and litigation cost.
Ld. lawyer for the o.p. argued that in the month of Oct. 2011 the complainant approached the o.p. bank for availing a credit card and accordingly, the same was provided to him. At the time of obtaining the credit card the complainant executed a declaration in respect of FD A/C No.04784410012668 authorizing the o.p. bank to liquidate the said FD without any notice towards the outstanding of the said credit card. On the basis of the said fact the complainant was provided with an international credit card. The complainant has been using the said credit card regularly and the statements were provided to the complainant. In spite of receipt of the statement the complainant failed and neglected to pay the amount raised towards the usage of the said card and as such, the sum of Rs.17,195.35 became due on 15.12.15 and the complainant was asked to pay the said amount. The complainant thereafter sent an e-mail and o.p. agreed to reverse the amount of Rs.6383.15 and requested the complainant to accept the same, but the complainant did not accept the said offer and he wanted to have more reversal of the charges which was not accepted by o.p. Thereafter o.p. made several requests to the complainant for payment of the amount, but whenever the complainant failed to comply the request the o.p. in exercise of its right has provided under the declaration executed by the complainant invoke the lien marked on the aforesaid FD A/D and adjusted the outstanding the amount of Rs.18,435 from the FD A/C which was duly communicated to the complainant. The complainant was informed that there is no outstanding amount after the adjustment of the said amount in respect of the said credit card. On the basis of the said fact the complainant filed this case having no cogent whatsoever for which o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant had credit card facility with o.p. bank and the said card was issued to the complainant on the basis of his status, qualification and the bank balance. Accordingly, the complainant was provided with an international credit card. At the time of issuance of the said card an agreement was entered into between the parties. The parties are bound by the terms and conditions of the credit card agreement. The complainant used the said credit card and the statements were provided to him. It appears from the materials on record that the complainant was offered the reversal of the amount of Rs.6383.15, but the complainant wanted to have 75% of the reversal which was not accepted by o.p. The complainant thereafter failed to pay the amount. The o.p. sent repeated reminders to the complainant to clear the outstanding dues. Whenever it was found that the complainant was not eager to pay the amount and he failed and neglected to clear his dues o.p. had no other option but to exercise of its right as provided under the declaration executed by the complainant for invoking the lien marked on the aforesaid FD A/C and adjusted the outstanding amount of Rs.18,435/- from the said FD A/C which was duly communicated to the complainant vide letter dt.13.1.16. The complainant was also informed that there is no outstanding amount in respect of the said credit card. It appears from the materials on record that o.p. exercised the option for adjustment of the amount from the FD A/C and o.p. exercised its lawful right for realization of the said amount. In view of the facts and circumstances of the case we hold that o.p. bank did not commit any deficiency in service or unfair trade practice for realization of the amount towards the outstanding dues and thereby we hold that the case filed by the complainant has got no merit and as such, the complainant will not be entitled to get any relief as prayed for.
Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.79/2018 is dismissed on contest without cost against the o.p.
