BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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                                        Complt.  Case No.:1362 of 2009

Date of Institution:   29.09.2009

Date of  Decision :   04.01.2010 

Mrigesh Kumar Shastri, FCS Solutions Ltd. Plot No.J-17, I.T.Park, Kishangarh, Chandigarh.

….…Complainant

                                V E R S U S

1]     H.D.F.C. Bank Limited at H.D.F.C. Bank House, Senapati Bapat Marg, Lower Parel, Mumbai

2]     H.D.F.C. Bank, SCO No.850, NAC Manimajra, Chandigarh, through its Branch Manager.

3]     H.D.F.C. Bank Cards Division, 8 Lattice Bridge Road, Thiruvanmiyur, Chennai

                                        ..…Opposite Parties

CORAM:    SH.JAGROOP SINGH MAHAL       PRESIDENT

                SH.SIDDHESHWAR SHARMA         MEMBER

DR.(MRS) MADHU BEHL              MEMBER

Argued by:        None for the complainant.

Sh.Sandeep Suri, Adv. for OPs

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

                The complainant being employee of M/s Taurusa Cybermotif Pvt. Ltd., New Delhi was issued a Credit Card by the OP Bank having credit limit of Rs.20,000/- and the last purchase made by the complainant with said credit card was for Rs.437.00 on 24.3.2005.  It is averred that there occurred some undue demand in the bills raised by the OP Bank in respect of said credit card to which complainant objected and demanded the purchase bills thereof, which the OP Bank failed to give & produce, as such the complainant stopped making use of the credit card.  It is averred that complainant informed the OP regarding change of his job and since then he did not receive any bill or call or message from OP Bank with regard to any payment of bill.  However, he was shocked to know that the OP has illegally & arbitrary withdrawn a sum of Rs.63,625/- from his account maintained with Branch of OP Bank at Manimajra, Chandigarh on the pretext of pending dues.  The matter was takenup with OP bank but to no avail.  Hence, the present complaint alleging the above act of OPs as illegal, unjustified and deficiency in service due to which the complainant had to suffer mental & physical harassment and financial loss.

2]             OP filed reply and admitted the factual matrix of the case.  It is stated that as per the statement dated 4.3.2005, the complainant was liable to pay an amount of Rs.22,138.79 but the complainant did not pay it, hence he was liable to pay the overdue & late payment charges till such time as the total dues of OP Bank were cleared.  The complainant failed to pay any amount to the Bank. It is denied that complainant ever informed the OP about change of his job.  It is also stated that due to failure of the complainant to clear the dues, the bank was left with no alternative except to put the charge on his saving account in pursuance of the amount payable and due to the bank.  It is further stated that the Bank in exercise of its right of lien was entitled to adjust the amount payable and due under one account and adjust the same from the amount lying in another account of the complainant.  Denying all other allegations, it is prayed that the complaint be dismissed.

3]             Parties led evidence in support of their contentions.

4]             We have heard the ld.Counsel for the OPs and have perused the record. 

 5]            The OP has placed on file the credit card duplicate statements which are now marked as Annexure R-1(Collectively) showing that the complainant had been making purchases but was not regular in making the payment of the amount due from him against the said credit cards.  The OP has also produced the consolidated statement now marked as Annexure R-2 showing that due to non payment of the amount due from him, OP was charging interest which it was entitled to charge legally and in August, 09 a sum of Rs.92,104.88P was due from it.  The Learned Counsel for the OP referred to the letter Annexure C-1 issued by the OP bank on 12.08.09 intimating to the complainant that the credit card balance as on date due from him was Rs.92104.87P.  They also informed the complainant that they would be holding the amount of Rs.63,625/- lying in his bank account if they do not pay the said amount of Rs.92,104.87P due from him.  Needless to mention that the complainant as usual did not pay the amount to the OP upon which the amount of Rs.63,625/- was kept on hold. Even thereafter the complainant did not make the payment of the said amount and rather filed the present complaint on 30.09.09 that the OP had failed to produce the bills for which the demand was raised.  He however did not challenge the demand earlier when he was informed through the credit card statements from time to time, copies of which have been produced by the OP as Annexure R-1. These credit card statements show that the complainant had been making the part payment and he has not produced any document to suggest if he ever challenged the amount shown in his statements.  If the complainant is now asking that the OP should produce the bills, it is being said only to avoid the payment of the amount due from him.  The record shows that in August, 05 a sum of Rs.29,527.07P was due from him. The OPs had been constantly asking the complainant to make the payment but he did not.  The OPs were entitled to interest/late payment charges on the amount due and the amount which was due from the complainant continued increasing every month and ultimately by the end of July, 09 it was Rs.92,104.87P. The complainant otherwise also cannot ask for any such information with respect to period beyond August, 05, the same being beyond 3 years as covered under the law of limitation and also beyond 2 years as he cannot challenge those transactions through this complaint under the Consumer Protection Act. We are therefore of the opinion that the complainant was not justified in withholding the amount of the OP.

6]             In view of the above discussion, we are of the opinion that the present one is a false and frivolous complaint which has been filed by the complainant just to avoid the payment of the amount due from him. There is no merit in this complaint and the same is accordingly dismissed. 

                Certified copies of this order be sent to the parties free of charge.  The file be consigned.