Tamil Nadu

South Chennai

CC/348/2013

S.Kanagasabapathi - Complainant(s)

Versus

HDFC Bank Ltd., - Opp.Party(s)

Party in Person

29 Dec 2016

ORDER

                                                                        Date of Filing :   31.10.2013

                                                                        Date of Order :   29.12.2016

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT 

                 TMT. K.AMALA, M.A. L.L.B.,                                  : MEMBER I           

 

C.C.NO. 348/2013

THURSDAY THIS  29^th DAY OF DECEMBER 2016

 

S. Kanagasabapathi,

14A/G2, Guru Shanthi Apartments,

Rengasamy Street,

L&T Colony, Mugalivakkam,

Porur, Chennai 600 116.                                  ..Complainant

             

                                        ..Vs..

 

1. Mr. Aditya Puri,

Managing Director,

HDFC Bank Ltd.,

HDFC Bank House,

Senapai Bapat Marg,

Lower Parel (West),

Mumbai 400 013.

 

2. Harish Engineer,

Executive Director,

HDFC Bank Ltd., HDFC Bank House,

Senapati Bapat Marg,

Lower Parel (West),

Mumbai 400 013.

 

3. Mr. Parag Rao,

Retail Assets and Credit Cards,

HDFC Bank Ltd.,

DHL Premises,

Kamala Mills Compound,

Lower Parel (West),

Mumbai 400 013.

 

4. The Branch Manager,

HDFC Bank Ltd.,

M.G.Road, Bangalore 560 001.

5. The Branch Manager,

HDFC Bank Ltd.,

Sri Nithya Kalyani Towers,

No.34, Krishnarayar Tank Street,

North Veli Street,

Madurai 625 001.

 

6. HDFC CREDIT CARD Collecting Agency,

M/s. ZEUS DEBT & CREDIT MANAGEMENT SERVICES,

No.599, Aishwarya Arcade 1^st Floor,

12^th A Cross, 8^th Main Road,

JP Nagar II Phase,

Bangalore 560 078. 

 

7. The Manager,

HDFC Credit Card Section,

Thiruvanmiyur,

Chennai 600 041.                                        .. Opposite parties.

 

 

Counsel for the Complainant                    :  Party in person

Counsel for the opp. parties 1,2,3,4,5 & 7 : M/s. T.K.MSaikrishnan &

                                                                Another

For the 6^th opposite party                         :  Exparte.

 

ORDER

THIRU. S. PANDIAN, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties  under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.1,00,000/- for deficiency in service and unfair trade practice  and also to pay a sum of Rs.1,00,000/- for mental agony and Rs.10,000/- as cost of this complaint.

1.  The averment of the complaint are brief as follows:

     The complainant is a credit card holder with HDCF Bank Limited bearing credit card No. 5176 5210 0323 6132 in fact represented of the HDFC bank called to him several times and convince by saying that it will be more useful to book Railway Tickets on the counter not waiting and with a nominal charge and also more easy to book Reserved tickets for journeys and therefore the complainant applied for the said credit card.  During January 2008 the limits of the said card will be enhanced.   The complainant has paid the amount then and there and will get Rs.2.50 for each reward point and existing card account will be closed and for the new card also  the bank will give him Rs.2.50 as reward and hence he applied for the card.   

2.     He was informed that no amount has to be paid for the renewal card and it will be adjusted from the reward points.   The complainant had also send email to HDFC credit card informing them to close him existing card and inform him if any dues and for which no reply from them.   The complainant has not gone through the HDFC Bank credit card statements as he has faith and confidence on HDFC bank.   But they have not able to provide him the statements on double entry showing the running balance against each transaction, then only he can able to reconcile the statement.   Though they are expected to reply all his letters but are not able to reply his doubts or clarifications the same.   Hence they failed in their service to the customer.    When the complainant asked for the details about the outstanding amount they maintains their accounts on single entry system, which is not permitted by Reserve Bank of India.  Further the  bank failed by informing the complainant on each of such transaction immediately which is a major service failure on their part. 

3.     Though the complainant has already paid cess and service tax when he purchased using credit card, the charges of service tax again and again is not admissible.    Similarly though the complainant has paid the dues then and there it is not correct to levy late fee or financial charges by the HDFC bank and failed to inform him.  Further, their collecting agency has no right to threaten or sought at front of house.   The complainant request that to engage an eligible independent Auditor or an Reserve Bank of India Auditor to inspect his account and review also not considered by the HDFC Bank.  On account of the deficiency, delay, inefficiency on their service of the opposite parties caused mental agony and hardship. Hence this complaint is filed.       

4. Written Version of  opposite parties 1^st, 2^nd, 3^rd, 4^th, 5^th and 7^th are  in briefly as follows:

        The complaint is not maintainable since the same is filed after the limitation period as stipulated under section 24-A of the Consumer Protection Act 1986, therefore the complaint ought to be dismissed at the threshold, as the complaint is barred by limitation.   The complainant had willfully and wantonly suppressed such facts and materials and thereby the complainant had come before this forum with tainted hands and suppression of facts.    It  is submitted that only the parties responsible for the discharge of loan alone can be held responsible, if a case is made out against them and the chairman or executive directors need not be necessary parties to the proceedings in the complaint.  In such circumstances the opposite parties 1,2,3, 4, 5 in the present complaint may be deleted at the initial stage of the proceedings itself.  

5.     The opening balance in the said credit card was nil as per the statement dated 6.4.2007.  Subsequently thereafter the complainant failed to pay the total outstanding amounts towards the said card since May 2007 resulting in levy of applicable bank charges as mentioned in the card usage guide and the reverse of the credit card statement and the same was invalidated from further usage from 2.7.2013.  These opposite parties submit that the credit card statements are provided to all the customers in the manner stipulated by the RBI guidelines and moreover the complainant’s queries were answered immediately without any delay and such allegation that no replies were given by the opposite party bank is baseless and erroneous.  

6.     It is submitted that the opposite parties bank had given credit to all the amounts paid by the complainant.   The complainant has not filed any evidence or proof before this forum to demonstrate that he had paid all the outstanding dues pending in the said credit card account.   Hence there is no deficiency in service as alleged by the complainant.    As it is settled principle that there should be evidence on record to establish any loss or injury alleged to have been suffered by the complainant.   Hence this complaint is liable to be dismissed.  

7.        Inspite of service of notice the opposite party- 6 is called absent  and set exparte.

 

8.      In order to prove the averments of the complaint, the complainant has filed proof affidavit along with his evidence and documents Ex.A1 to Ex.A52 marked. On the other hand, Ex.B1 to Ex.B5 marked on the side of the opposite parties 1,2, 3, 4, 5, and 7.

9.   At this juncture, the point for the consideration before this Forum is:  

1. Whether there is any deficiency of service on the part of the 

    Opposite parties as alleged in the complaint?

 

2.  Whether the complainant is entitled to any relief as prayed for?

10. Point No.1

        According to the case of the complainant is that the opposite parties have not properly maintained the complainant’s credit card account and in spite of so many letters and communications to the opposite parties, but the opposite parties have not replied then and there and not provided the correct statement of accounts.  Furthermore, though the complainant  has paid the amount towards credit card, the opposite parties levy the late fee and financial charges without any basis and also failed to issue the statement of double entry which is against the Reserve Bank of India directives and thereby caused mental agony and hardship. 

11.    On the other hand, the opposite parties have vehemently contended by stating that the allegations made in the complaint are all vexatious and baseless and in fact the complainant is chronic defaulter and he has paid the total outstanding amounts towards the said credit card since May 2007 resulting in levy of applicable bank charges as per the  card usage guidelines and the terms and conditions and the reverse of the credit card statements and due to continuous non-payment in the said credit card of the complainant was invalidated from further usage from 2.7.2013.   In fact the opposite parties have replied then and there for the communications sent by the complainant and also provided the complete statement of accounts and therefore there is no deficiency of service on the part of the opposite parties.   

12.    At this juncture, it is needless to say that the complainant having bounden duty to prove the allegation made against the opposite parties through consistent and relevant evidence.   First of all, on careful perusal of the evidence of the complainant, it is learnt that the complainant had sent communications in respect of the some demands to the opposite parties, but the opposite parties have not replied properly.  Further without any lien on the savings bank account and recurring deposit account with 4^th opposite party by giving standing instruction to debit his savings bank account and thereafter the complainant requested  to close his recurring deposit account before maturity to meet some medical expenses and credit the amount to his savings bank account but the proceeds of the amount debited by them without his knowledge and immediately  he has raised his objection and they have re-credited the amount to his savings bank account and again they have debited without having any authority.   It is further stated that when the complainant has written letter to them to give the break up details for such debit the 4^th opposite party is keeping silence and no reply so far.   Further it is seen from the evidence that the opposite parties have failed to maintain the complainant’s account on double entry and not issued the statement of double entry.  Even after sent communications,  the opposite parties have levied service tax, late fee etc.,  though the complainant has given his final payment through SBI cheque and also failed to provide the statement of accounts of his credit card.  The above said acts of the opposite parties amounts to deficiency in service.  In order to prove the same the complainant has filed Ex.A1 to Ex.A52 have been produced on his side.

13.    While being so, on going through the evidence of the opposite parties 1,2,3,4,5, and 7 it is seen that only on the approach of the complainant the opposite parties’ bank issued the credit card and for which the application form is marked as Ex.B1 and in turn the credit card bearing No.5176 5210 0323 6132 was issued to him along with card Member agreement which is marked as Ex.B2.  It is further narrated by the opposite party is that the complainant has not at all paid any balance in the said credit card since May 2007 resulting in levy of applicable bank charges as mentioned in Ex.B2 and  due to continuous non-payment in the said credit card account was invalidated from further usage from 2.7.2013.  Thereafter, the opposite party was forced to lien mark and debited a sum of Rs.60,6277.70p and Rs.3123.63p on 16.7.2013 and 23.10.2013 respectively from the complainant’s bank accounts letter dated 1.7.2013 is marked as Ex.B3 and letter dated 8.10.2013 is marked as Ex.B4 were sent to the complainant  from his bank account.  It is further learnt that even after the above said letters and representatives of the opposite parties bank attempted to contact the complainant but all went in vain and after the post exercise of the said lien a communication dated 28.12.2013 was sent to the complainant and requesting him to pay the remaining outstanding amount in the said credit card account of Rs.21,872.07p.   In fact, the opposite parties bank had given credit  to all the amounts paid by the complainant.   It is further stated that the complainant has filed any evidence before this forum to demonstrate that he had paid all the outstanding dues and it is well aware of the fact that it could be liable to pay the outstanding amount that are in default together with interest thereon as per agreed terms from such date on which it became due and he is liable to pay the said credit card account and other applicable charges with penalties which are contractual binding that they are governed by the terms and conditions of the card member agreement Ex.B2.  Therefore, all the charges and penalties levied as per the banking policy and as per the guidelines of the Reserve Bank of India and therefore there is no question of levy more charges and interest as alleged by the complainant and hence there is no deficiency of service on the part of the opposite parties.   The same has been proved by way of statement of account of the said credit card of the complainant which are marked as Ex.B5 series.

14.    At this juncture on careful perusal of the rival submissions put forth on either side, it is admitted fact that the alleged credit card has been issued in the name of the complainant on the application submitted by the complainant to the opposite parties.  Further, it is seen from the Ex.A1 to Ex.A52 there are so many communications have been sent to the opposite parties by the complainant through email and in some communications the opposite parties have sent reply then and there and also informed that if anything require further  clarification the complainant without any service representative any or their service centre.    In this aspect also there is no dispute at all.   Such being so, from the evidence of the opposite parties it is clearly seen that Ex.B2 is the card member agreement which includes all the terms and conditions in respect of using the credit card and other facts and details.   It is further seen that the complainant was a defaulter and failed to pay the outstanding amount towards the said card since May 2007 resulting in levy of applicable bank charges as per Ex.B2 and in spite of sending communications the complainant has not come forward to pay the dues the opposite parties was forced to debit a sum of Rs.60.627.70p and Rs.3123.63p from the complainant’s bank account and informed to the complainant Ex.B3 & Ex.B4.  Even thereafter there is a remaining outstanding amount of Rs.21,872.07p.  It is further learnt from the evidence of the opposite parties, there is a clear mentioning regarding the above said debit of amount in Ex.B2 and the same was already informed to the complainant and therefore there is no fault on the side of the opposite parties as alleged by the complainant.   In fact the opposite parties acted according to the terms and conditions of the bank regulations.    Furthermore, it is seen as rightly pointed out by the opposite parties that the complainant has not provided any document to  show that he has paid the outstanding balance within a stipulated time and hence the plea taken by the opposite parties hold good.

15.    Regarding the allegation of the complainant that the opposite parties have failed to provide him the said statement of account it is evidence that Ex.B5 series of the credit card account were furnished to the complainant and therefore in this aspect also, the complainant failed to prove the allegation.   It is further regarding the non maintenance of double entry statement of account, it is the duty of the complainant to prove  the same through the relevant rules issued by the Reserve Bank of India.   But no such documents or Rules or regulations to maintain double entry statement has been produced by the complainant.   Similarly, regarding the other allegations that the appointment of independent Auditor or an Reserve Bank of India Auditor to inspect his account, the complainant has failed to produce such specification or rules in which the complainant sought for has not been produced before this forum. 

16.    In light of the above facts  and the circumstances it is crystal clear that the complainant has not come forward to prove the allegation made against the opposite parties by means of relevant and acceptable evidence and also not moved this forum with clean hands since he has suppressed the materials facts.   Furthermore the complainant has failed to establish the loss or injury as alleged to have been suffered by the complainant.  Whereas the opposite parties have clearly given the picture that they have acted only on the rules and regulations of the guidelines of Reserve Bank of India and the terms and conditions provided in Ex.B1 and to furnish the statement of account then and there to the complainant and also proved that the complainant is a defaulter in payment of outstanding dues.  In such circumstances, this Forum can easily come to the conclusion without any hesitation that there is no deficiency of service on the part of the opposite parties.  Thus the point No.1 is answered accordingly.

17.    POINT No.2

        In view of the findings arrived in point No.1 the complainant is not entitled for any relief as prayed for in the complaint.   Thus the point No.2 is answered accordingly.

         In the result, this complaint is dismissed.  No cost.

Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the 29^th  day of  December  2016.

 

MEMBER-I                                                                      PRESIDENT.

Complainant’s side documents:

Ex.A1- 8.2.2008    - Copy of amount transferred to HDFC Credit card.

Ex.A2- 18.2.2008  - Copy of amount transferred to HDFC Credit card.

Ex.A3- 5.3.2008    - Copy of amount transferred to HDFC Credit card.

Ex.A4- 20.5.2008  - Copy of advice debits and charges.

Ex.A5- 22.8.2008  - Copy of Balance transferred details. 

Ex.A6- 2.10.2008  - Copy of double entry statement.

Ex.A7- 11.1.2010  - Copy of outstanding amount particulars.

Ex.A8- 1.12.2013  - Copy of debit not accounted for.

Ex.A9- 13.2.2013  - Copy of deactivated Auto pay.

Ex.A10-       -       - Copy of Auto Pay deactivated.

Ex.A11- 23.3.2013         - Copy of double entry statement as RBI Directive.

Ex.A12- 24.3.2013         - Copy of Statement on double entry.

Ex.A13- 24.3.2013         - Copy of Any other card issued.

Ex.A14- 26.3.2013         - Copy of fresh statement double entry.

Ex.A15- 28.3.2013         - Copy of statement on double entry.

Ex.A16- 28.3.3013         - Copy of statement on double entry.

Ex.A17- 29.3.2013         - Copy of statement on double entry.

Ex.A18- 1.4.2013  - Copy of Excel format of HDFC cards.

Ex.A19- 11.4.2013         - Copy of confirm all credits.

Ex.A20- 13.4.2013         - Copy of Waive charges details.

Ex.A21- 24.4.2013         - Copy of Break up details outstanding.

Ex.A22- 24.4.2013         - Copy of missing details of statement.

Ex.A23- 29.4.2013         - Copy of reconcile and arrive due amount.

Ex.A24- 3.5.2013  - Copy of reconcile and arrive due amount.

Ex.A25- 17.5.2013         - Copy of procedure on receiving letters.

Ex.A26- 30.5.2013         - Copy of unable to contact customer care.

Ex.A27- 14.6.2013         - Copy of Forward attachment as Hard copy

Ex.A28- 14.6.2013         - Copy of review charges details.

Ex.A29- 27.6.2013         - Copy of Hard copy not yet received particulars.

Ex.A30- 27.6.2013         - Copy of mails to credit card.

Ex.A31- 1.7.2013  - Copy of statement void.

Ex.A32- 3.7.2013  - Copy of details furnished HDFC card.

Ex.A33- 3.7.2013  - Copy of payment advice 15579008.

Ex.A34- 8.7.2013  - Copy of customer well informed details.

Ex.A35- 9.7.2013  - Copy of debit raised inform details.

Ex.A36- 9.7.2013  - Copy of collecting agency approval.

Ex.A37- 12.7.2013         - Copy of clarification about HDFC credit card.

Ex.A38- 12.7.2013         - Copy of late payment charges.

Ex.A39- 12.7.2013         - Copy of letter received register.

Ex.A40- 15.7.2013 – Copy of Tata indicom particulars missing details.

Ex.A41- 15.7.2013         - Copy of Reliance particulars missing details.

Ex.A42- 17.7.2013         - Copy of Kandu Vatti Act.

Ex.A43- 17.7.2013         - Copy of Transferring funds particulars. 

Ex.A44- 17.7.2013         - Copy of Late payment charges details.

Ex.A45- 17.7.2013         - Copy of post box working details.

Ex.A46- 17.7.2013         - Copy of complaint.

Ex.A47- 17.7.2013         - Copy of letter from the complainant.

Ex.A48- 17.7.2013         - Copy of credit card details.

Ex.A49- 17.7.2013         - Copy of Customer service particulars.

Ex.A50- 26.7.2013         - Copy of Final notice to move consumer forum.

Ex.A51- 6.8.2013  - Copy of Deduction details. 

Ex.A52- 22.8.2013 – Copy of Statement on double entry system.

 

Opposite parties side documents :

 

Ex.B1-         -       - Copy of application form submitted by the complainant.

Ex.B2-         -       - Copy of Card Member agreement.

Ex.B3- 1.7.2013    - Copy of letter from opposite party to the complainant.

Ex.B4- 8.10.2013  - Copy of letter from the opposite party to the complainant.

Ex.B5-         -       - Copy of Statement of account.

 

 

MEMBER-I                                                                      PRESIDENT.