Order-18.
Date-27/05/2015.
Complainant Sanjib Das by filing this complaint has submitted that complainant purchased a Platinum Plus Credit Card from the op and complainant Credit Card No. is 4617-8653-0018-4408 in the year 2012 and complainant on the basis of the aforesaid credit card purchased some goods amounting of Rs. 10,500/- which was converted to EMI and the complainant regularly paid the same in time.
But in the month of September or August 2013, ops called the complainant to discuss the pre-closer of the dues amount and as per advice/instruction of the ops, the complainant called the ops bank officer and Mr. Lokesh and after discussing the details, the said officer advised the complainant, if the complainant wishes to pay all the dues or EMI at a time, he can process for fore-closer as per instruction of complainant and if he fails to do so, then this request would auto cancel within 3 days and EMI would continue as usual.
But due to financial crisis, the complainant decided not to make payment at a time and he will continue pay the EMI dues. Subsequently complainant in the month of October-2013 took a loan of Rs. 45,000/- for the period of 24 months stopped the payment of monthly EMI regularly. But without any confirmation or message or phone from the complainant, op foreclosed the complainant’s amount and sent a monthly statements bill for the month of 17.06.2014 a sum of Rs. 14,819/- total amount due. On receipt of the said bill, op immediately contracted with the ops through message and phone and in response the manager of the ops Mr. Arun sent a message on 20.06.2014 that the grievance shall be responded within seven days.
Thereafter op did not take any action to continue the EMI although they sent a bill for a sum of Rs. 44,177.52 paisa for payment in violation of their assurance not only that in violation of the principal of natural justice and the bank has debited all the money from the complainant’s savings bank account on 17.07.2014. Thereafter complainant contacted with the aforesaid officers and they assured that action shall be taken by the ops. But no action has been taken by the ops till the date and after deceitful act of the op, complainant went to Ombudsman but Ombudsman did not pass any order and practically due to mis-guidance of the op, complainant suffered much loss, mental pain and agony and in fact op has no power to withdraw the complainant’s savings bank account and to encash money from the said account without the permission of the complainant and in the above circumstances, complainant for negligent and deficient manner of service filed this complaint and for directing the ops to refund the entire amount which has been deducted from the savings bank account of the complainant.
On the other hand op Bank Authority by filing written statement submitted that the entire complaint is false, fabricated and it is not maintainable. It is specifically mentioned that on the request of the complainant, Credit Card was initially issued. A VISA Gold Personal Card being no. 4346781013565403 in the month of September 2011 and upgraded in May 2013 to a VISA EMV Plus card vide Card No. 4617865300184408 and the complainant agreed to the terms and conditions of the usage of said credit card, which includes increase & decrease of credit limit, late fees, finance charges and other overdue charges. Complainant accepted the said credit card. So, complainant is bound himself with the Card Member Agreement at the time of first swipe of the said credit card or put his signature on the back of the said credit card, which agreement was provided by the ops at the time of issuance of the said credit card.
Fact remains that complainant used the said credit card but he has failed or neglected to pay his monthly due with malafide intention. But complainant has made repeated defaults in paying the bills and thereby caused grave and irreparable loss to the op bank and so outstanding dues is Rs. 23,765.33 paisa which is due and payable by the complainant in respect of his credit card bearing no. 4617865300184408. Further fact remains that op bank always acted in good faith and in accordance with the laws of the land and it is further stated that the op bank at all material times had cooperated with the complainant and regular monthly statements were sent to the mailing address of the complainant, but complainant did not pay the dues. So, ultimately as per clause of the agreement, the said deduction was made.
It is further submitted that the complainant sent email on 19.06.2014, 25.06.2014, 30.06.2014, 0507.2014, 07.07.2014, 09.07.2014 and informed the complainant that basis of the complainant’s consent and unique IVR authentication the request was taken for pre-closure of the Dial-and-EMI and it is further mentioned that there will not be any auto cancellation of the request, if the same has been processed through the IVR. Fact remains that complainant as credit card holder availed of cash on call loan against A/C No. 8961684 for Rs. 45,000/- repayable in 24 EMI’s of Rs. 2,115.79 paisa commencing from 17.10.2013 till 17.09.2015. But complainant failed to repay as per the schedule and as per installment programs of the card member agreement, Clause A sub clause c, f & h “receipt and encashment of a disbursed demand draft or credit into savings bank account against such a loan facility shall be deemed as acceptance of the Terms & Conditions and/or terms and conditions governing the concerned loan program” and acknowledged the said agreement.
It is specifically mentioned that how same can be released. Once the Card Member has opted for an installment programme and for the payment by EMIs any subsequent change will attract a pre-closure charge as may be determined by HDFC Bank and communicated to Card Member from time to time i.e. 23.10.2013 to 17.07.2014. So all the allegations are false and fabricated and there is no justified ground to file this complaint and truth is that when complainant failed to make payment within 76 receipts of the notice, then Rs. 22,539.92 paisa would be deducted from his account and as per MITC the op Bank at any time and without notice, will have lien and right to set-off on all monies belonging to the complainant, standing to his credit in any account/custody of the bank, its terms and conditions of the credit card agreement and it is a contract. So, complainant cannot pay the dues and the deduction as made was against for non-payment of the credit card loan and in the above circumstances, the present complaint should be dismissed with cost.
Decision with reasons
On comparative study of the complaint and written version and also the material in record including the terms and conditions of the Credit Card Member, it is undisputed fact that complainant is a credit card holder of the op having a separate SB A/C also. The undisputed fact is that credit card account of the complainant has been permanently suspended and that was reported to the complainant vide their monthly statement and prior to that it was reported that in his account there is currently other dues and that report was made month by month up to settlement on 17.05.2014.
Thereafter in the statement of 17.06.2014 it is specifically noted as important message “your accounts still in arrears and an immediate payment of minimum amount due is mandatory charges will be declared” and thereafter on 17.07.2014 it is mentioned “your card account has been permanently suspended, please pay the entire dues at once to avoid further action by them”. It is found that all those documents are filed by the complainant along with complaint.
So, it is clear that intimation was there about overdues, request was made by the op to the complainant for clearing the same or to pay the minimum amount as per regulation.
From the complaint it is found that dispute is in respect of deduction of Rs. 31,696/- from the savings bank account of the complainant to clear the arrear dues of the credit card account and apparently it is fact that there was dues and it was not paid for many months by the complainant and after that to clear the credit card overdues, op deducted Rs. 31,696/-from the SB A/C of the complainant, cleared the dues of the credit card account.
So, considering that fact, it is clear that no illegal deduction has been made by the op. But as per agreement of credit card member, same was done. From the complaint, it is also proved that complainant did not pay the credit card dues due to his financial crisis and further took loan of Rs. 45,000/- and that was also granted by the op subject to payment of the same within 24 months by paying the same by regular EMI.
But fact remains that complainant apparently did not pay the same. Now the question is whether deduction from the savings bank account of the complainant and credited it against the over dues of the credit card as adopted by the op is correct method or not. In this context we have gone through credit card member agreement wherefrom it is found that on the basis of the complainant’s consent and unique IVR authentication the request was taken for pre-closure of the Dial-and-EMI. But there will not be any auto-cancellation of the request and even if the same has been processed through the IVR.
Further it is found that credit card holder availed of a cash on Call loan A/c No. 8961684 for Rs. 45,000/- repayable in 24 EMI’s of Rs. 2,115.79 paisa commencing 17.10.2013 till 17.09.2015. But complainant failed to repay as per the schedule and A sub clause c, f & h, receipt and encashment of a disbursed demand draft or credit into savings bank account against such a loan facility shall be deemed as acceptance of the terms and conditions and/or terms and conditions governing the concerned loan programme.
Fact remains that delay in payment of any EMI on their respective due dates shall attract the then applicable (i) late payment charge and (ii) interest, but the same shall be without prejudice to Bank’s right to discontinue the personal loan or demand immediate repayment of the entire balance outstanding. Delay in payment of such outstanding balance shall attract the applicable interest charge till repayment by the card member. So, invariably that has been charged as per agreement.
But on proper consideration of the entire materials on record, we have gathered that deduction of Rs. 31,696/- from the SB A/C of the complainant for clearing the outstanding over dues on credit card and adjustment of the same with the credit card is a normal process as per Credit Card Member Agreement Clause. So, apparently complainant has not suffered any loss in view of the fact that complainant is defaulter in respect of credit card and also of loan amount and only to pay the over dues of the credit card from loan account that amount was deducted from the SB Account of the complainant as per terms and conditions of Credit Card Member Agreement and when that is the fact, then we have found that no illegality was done by the ops for which the complainant is not entitled to get any refund of the said amount when the said amount is adjusted against his credit card outstanding and by deducting the same from the SB A/C and adjusting the same with the over dues of the credit card of the complainant, practically bank has given some relief to the complainant and now complainant shall have to clear the balance dues immediately and if he so desires as per clause of credit card account. But it is the choice and option of the complainant.
In the light of the above observation we find that there is no merit of the complaint for which this complaint fails.
Hence, it is
ORDERED
That the complaint be and the same is dismissed on contest against all the ops but without any cost.
