FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the Complainant in brief, is that, the Complainant availed and utilized a Credit Card being No. 4572-6204-0087-8695 from the OPs and purchased only one phone by using the said Card and paid the amount. Thereafter on 25.08.2018 the Complainant deposited the said Card to OP2 with a written request to block the said card and the same was accepted with stamp and signature therein. But after surrendering the aforesaid Credit Card the OPs issued several monthly bill to the Complainant. The Complainant visited the office of the OPs on several times and verbally requested them to cancel the fictitious bills and the OPs promised to take the necessary action but till date no action has been taken by them. Moreover, OPs sent an Advocate letter dated 12.04.2019 and demanded a sum of Rs.1,04,781.98 without any basis. Finding no other alternative the Complainant has compelled to file this case praying relief/reliefs.
OPs have contested the case by filing WV and denying all the allegation made out in the Complaint Petition. The case of the OPs is that, the Complainant approached to OP1 in or about 14.11.2017 for availing a Credit Card and expressed his intention to avail specialized Credit Card with special facilities. Upon his request the OP1 offered to issue a Regalia First Credit Card bearing No 4562 62XX XXXX 8695 to the Complainant which is specially designed for high net-worth individuals and top business executives. The Complainant time to time duly availed facilities, discounts and offers from the said Credit Card along with credit facility under the credit card however failed and neglected to make regular payment of the Credit Card dues. The Complainant never deposited the Credit card with the OPs for surrender as alleged. Moreover for surrender of the Credit Card and Closure of the account the Credit card is not required to be actually handed over. Further, neither the Complainant cleared the dues as on the writing of the purported letter for surrender, nor followed the procedure of surrender of the Credit card as prescribed in the Credit Card terms and conditions. A Credit Card only be closed at the end of the billing cycle provided all dues are paid within due time. Therefore the present complaint be dismissed being devoid of merit.
In support of their case both parties have tendered evidence supported by affidavit and also relied upon documents annexed with the Complaint Petition and WV. Complainant has failed to file reply to the questionnaire of the OPs set forth by their adversaries and also failed to file questionnaire in respect of E/chief of the OPs. We have heard argument on merit and have also perused the record.
Admittedly the Complainant had availed and utilized the Regalia First Credit Card issued by the OPs. Ld. Advocate for the Complainant has submitted that only one phone of Rs.13,999/- has been purchased by utilizing the said Card and thereafter the said Card was deposited by the Complainant to the OP2 on 25.08.2018. Allegation of the Ld. Advocate for the Complainant is that despite surrendering the aforesaid Credit Card OPs have issued several monthly bills to the Complainant’s name on 12.08.2018 amounting to Rs.2,400/-, on 13.12.2018 amounting to Rs.32,161/- on 12.03.2019 amounting to Rs.1,02,364/- and on 12.04.2019 amounting to Rs.1,07,855/-. On perusal of the record it is found that the Complainant wrote a letter to the OP1 to block the said card and the letter was duly received by the OP1. Ld. Advocate for the OPs argued that the said Card issued by the OP1 in or about 14.11.2017 and since the Complainant utilized the said Card several times and enjoyed various facilities, discounts and offers in respect of the said Card but neglected to abide by the terms and conditions of the said Credit Card. Photocopies of the Statement Summary in respect of the said Credit Card furnished by the OPs showing that:
Date Total Dues Opening Balance Payment/Credit Payment/Debit
12.12.17 2,130 0.00 0.00 2,130
12.01.18 0.00 2,130 2,1300.00 0.00
12.03.18 2,316.30 0.00 13,900 16,206.30
12.04.18 3,521.70 2,316.30 2,317 3,522.40
12.05.18 4,019.86 3,521.70 2,317 2,810.17
12.06.18 2,334.65 4,019.86 4,020 2,334.79
12.07.18 2,347 2,334.65 2,317 2,329.65
12.08.18 24 2,347.21 4,648 2,325.16
In view of the above, it is clear that the Complainant has utilized the said Credit Card many times and in the present petition the Complainant did not raise any objection regarding abovementioned Account Summary till 12.08.2018. Therefore submission of the Ld. Advocate for the Complainant that the said Credit Card was utilized only once, i.e. on 12.03.2018by paying an amount of Rs.13,900/-, has no leg to stand. Further Ld. Advocate for the OPs argued that by mere writing an Application to the Branch Manager of the concerned Bank a Credit Card cannot be closed, it has a procedure as per terms and conditions which did not follow up by the Complainant and for closing a Credit Card it is absolutely not necessary to deposit the said Card to the concerned Bank and not only that after applying for blocking the said Card the Complainant has again utilized the said Credit Card on 27.08.2018 by paying of Rs.74,900/-. It is fact that, there is a certain process to cancel or close the Credit Card and most important step of the said process is paying off any remaining balance in full prior to cancel the Card. In view of the aforesaid Account Summary we found that on 12.08.2018Total Dues wasRs.24/-. We neither get any documentary evidence that Due amount of Rs.24/- has been paid by the Complainant before 25.08.2018 the day he requested the OP1 to block his said Credit Card, nor any whisper in the four corners of the complaint that the Complainant followed the procedure of surrender of the said Credit Card after filing the Application dated 25.08.2018. It is also not established from the material documents that the Credit Cardin question was deposited to the OPs. Photocopy of the Transaction Description shows that on 27.08.2018 an amount of Rs.74,900 was paid to DULHAN JEWELLERS through the said Credit Card. And that amount carried out till April 2019 with interest amounting to Rs.1,07,855/-.On the other hand, no such document furnished by the OPs from which it may prove that OPs have contacted or intimated the Complainant regarding said Dues and Process for closing the said Credit Card after receiving the Application dated 25.08.2018 on behalf of the Complainant. As such it is a gross negligence and deficiency of service on the part of the OPs.
Based of the above discussion, the instant Complaint Petition is partly allowed with following terms:
- The OPs are directed to close the Regalia First Credit Card of the Complainant subject to payment of Due amount of Rs.74,900/- by the Complainant which was paid through the Credit Card in question.
- OPS are jointly and severally directed to pay an amount of Rs.5000/- as litigation cost and compensation amount of Rs.10,000/- for causing harassment and mental agony to the complainant .
- Above order should be complied by the parties within 30 days from the date of this order.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
