DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/368/2020
Date of Institution: 25.11.2020
Date of Decision: 16.08.2024
Harbans Singh, aged about 52 years, son of Sh. Kartar Singh resident of Taraksheel Chowk, Azad Nagar, Barnala, Tehsil and District Barnala.
…Complainant
Versus
1. The Chairman/Managing Director, HDFC Bank Ltd. Head Office HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai 400013.
2. The Grievance Redressal Officer, Grievance Redressal Cell, HDFC Bank Ltd. New Building “A” Wing, 2nd Floor, 26-A, Narayan Properties, Chandivali Farm Road, Off Saki Vihar Road, Chandivali, Andheri (East), Mumbai 400072.
3. The Branch Manager, HDFC Bank Ltd., College Road, Barnala 148101, Tehsil and District Barnala, Punjab.
…Opposite Parties
Complaint under Consumer Protection Act.
Present: Sh. Gurpreet Singh Kalia Adv counsel for complainant.
Sh. A.K. Jindal Adv counsel for opposite parties.
Quorum.-
1. Sh. Ashish Kumar Grover : President
2. Smt. Urmila Kumari: Member
3. Sh. Navdeep Kumar Garg : Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Consumer Protection Act against The Chairman/Managing Director, HDFC Bank Ltd. Head Office HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai 400013 (in short the opposite parties).
2. The facts leading to the present complaint as stated by the complainant are that the complainant has his bank-account with opposite parties bearing account No.50100081405532 and it had been well maintained by the complainant on regular intervals. It is alleged that on 20.05.2017, one Credit-Card bearing No.5523650100579571 was issued to the complainant, which was valid upto May-2020, followed by his bank-account, in the name of complainant. It is further alleged that thereafter on 30.05.2018 the complainant purchased one product by getting the same financed with the above said Credit-Card and the total amount of the product was Rs. 15,073/-. It is further alleged that from the date of purchase of the above said product a lump-sum amount of Rs. 15,800/- approximately (product amount alongwith interest of the credit-card), was to be paid to opposite parties after one month. But after one month the complainant could not make the payment of the product alongwith interest and after 3/4 months when the complainant approached the bank to make the full and final payment and to know the total amount including interest, but the bank official did not tell the complainant the exact amount including interest and due to this reason, a long period elapsed in doing so even after many visits the bank by the complainant, and finally when the complainant reached to the bank in the month of September 2019, the bank official told the complainant that there is lump-sum amount of Rs. 16,500/- is due towards the complainant and then the complainant made the payment of Rs.17,000/- towards the dues made by the bank. It is further alleged that even after the payment done by the complainant against the product purchased by him alongwith interest the bank official started making phone-calls to the complainant and harassing the complainant by demanding an amount of Rs. 9,158/- approximately, but whenever the complainant asks them for what purpose they are demanding this such huge amount, then the bank official disconnect the telephone and they are still unable to make it clear how they made the above said amount of Rs.9158/- due towards the complainant and the bank also sent the complainant one notice in this regard. It is further alleged that the opposite parties were sending the complainant another legal notice and were making phone-calls to the complainant and harassing the complainant again and again. It is alleged that the complainant visited opposite party No. 3 many times and requested them that he had already made the entire payment of the above said product including interest i.e., Rs. 17,000/-, but the official/employee of the opposite parties failed to give satisfactory reply to the complainant and harassing and humiliating the complainant on one pretext or the other and demanding an illegal amount of Rs. 10,791.06/- as dues of the credit card. It is alleged that from the entire above said facts it is clear that there is deficiency of services and negligence on the part of opposite parties. Hence, the present complaint is filed seeking the following reliefs.-
1) The opposite parties may kindly be directed not to send the complainant any legal notice and not to demand any illegal amount from the complainant.
2) To pay Rs. 50,000/- on account of compensation for mental agony and harassment and Rs. 15,000/- as litigation expenses.
3. Upon notice of this complaint, opposite parties appeared and filed written reply by taking legal objections on the grounds that the complainant has not come in the Commission with clean hands, hence, the complainant is not entitled for any relief. The present complaint is frivolous, vexatious and liable to be dismissed under Section 36 of the C. P. Act. The present complaint is wholly mis-conceived, groundless and unsustainable in law and is liable to be dismissed. It is submitted that on 20-11-2020 an amount of Rs. 6046.86 was debited by way of Set off from Saving Account No. 50100081405532 of complainant by exercising the bankers lien and right of setoff as per clause of card member agreement and Rs. 4744.20 had reversed due to low balance in saving account on 27.11.2020 and regarding this the notice was issued to complainant on 05.11.2020 and now as on 13.12.2020 outstanding dues towards the credit card No. 518159XXXXXX9571 is nil. It is submitted that the complainant is bound by the terms and conditions of the CMA. It is a settled position of law that the Ld. DCDRC should not entertain and/or interfere in the matter, where terms and conditions of the agreement has been duly agreed and binding between the parties.
4. On merits, it is submitted that the complainant maintains a Saving Account No. 50100081405532 with the opposite party No. 3. It is submitted that the complainant have credit card bearing No. 5523650100579571. It is alleged that the complainant never approached to the opposite party No. 3 nor enquired about his account statement or not collected the statement of credit card account and the complainant himself is a negligent party and he failed to deposit the due amount to clear the dues of credit card. It is submitted that as per the credit card statement the complainant has not paid the due amount within time. It is further submitted that the complainant has not made payment of whole billed amount in the months of Sept 2019. It is further alleged that the employees of the opposite party No. 3 just inform to the complainant and updated about the credit card dues and also informed to the complainant that the complainant if failed to adjust dues in credit card account, then the system charge penal charges also. It is further alleged that the OP Bank issued a new credit card in favour of Surjit Kaur on the request of the complainant and Surjit Kaur. It is further submitted that the opposite party No. 3 issued a letter dated 05.11.2020 upon the complainant and demanded Rs. 10.791/- 06 Paise in credit card account, as the complainant himself failed to maintain sufficient balance in his account. It is further submitted that on 20.11.2020 an amount of Rs. 6046.86 was debited by way of Set off from Saving Account No. 50100081405532 of complainant by exercising the bankers lien and right of setoff as per clause of card member agreement and Rs. 4744.20 was reversed due to low balance in saving account on 27.11.2020. All other allegations of the complaint are denied and prayed for the dismissal of complaint.
5. Ld. Counsel for the complainant filed rejoinder to the written version of opposite parties vide which he denied the averments as mentioned in the reply.
6. The complainant tendered into evidence copy of Adhaar Card as Ex.C-1, copy of statement of account as Ex.C-2 & C-3, copy of credit card as Ex.C-4, copies of legal notices are Ex.C-5 & C-6, copy of another Credit card as Ex.C-7, affidavit of complainant as Ex.C-8 and closed the evidence.
7. The opposite party tendered into evidence copy of online application as Ex.OPs-1, copy of letter dated 05.11.2020 as Ex.OPs-2, copy of terms and conditions as Ex.OPs-3 (containing 11 pages), copy of card member agreement as Ex.Ops-4 (containing 9 pages), copies of statement of account are Ex.OPs-5 to OPs-33, affidavit of Harpreet Nath as Ex.OPs-34 and closed the evidence.
8. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments filed by the parties.
9. The complainant alleged in the complaint that the complainant purchased one product by getting the same financed with the credit card in question and the total amount of the product was Rs. 15,073/- on 30.5.2018. Ld. Counsel for the complainant argued that from the date of purchase of the above said product a lump-sum amount of Rs. 15,800/- was to be paid to opposite parties after one month but due to some unavoidable circumstances the complainant paid Rs. 17,000/- on 23.9.2019 as the bank official told the complainant that there is lump-sum amount of Rs. 16,500/- is due towards the complainant. Ld. Counsel for complainant further argued that the complainant had already made the entire payment of the above said product including interest i.e. Rs. 17,000/-, despite that the opposite parties demanded an illegal amount of Rs. 10,791.06/- as dues of the credit card.
10. On the other hand, Ld. Counsel for the opposite parties argued that the opposite party No. 3 issued a letter dated 5.11.2020 upon the complainant and demanded Rs. 10,791.06 Paise in credit card account as the complainant himself failed to maintain sufficient balance in his account. Ld. Counsel for the opposite parties further argued that on 20.11.2020 an amount of Rs. 6046.86 was debited by way of Set off from Saving Account No. 50100081405532 of complainant by exercising the bankers lien and right of setoff as per clause of card member agreement and Rs. 4744.20 was reversed due to low balance in saving account on 27.11.2020. Ld. Counsel for opposite parties further argued that the complainant has filed the present complaint just to harass the opposite parties.
11. We have gone through the facts and evidence produced by both the parties. The opposite parties have produced Ex.O.Ps-5 i.e. bill dated 13.6.2018 in which it is clearly mentioned that the complainant has used the card and spent Rs. 15,073.75 and the total outstanding in the said bill was Rs. 15,437.93. Thereafter, the opposite parties have produced bill dated 13.7.2018 of the said credit card and outstanding was Rs. 16,490/- i.e. Ex.O.Ps-16, bill dated 13.8.2018 Ex.O.Ps-17 and outstanding was Rs. 16,235/-, bill dated 13.9.2018 Ex.O.Ps-18 and the total outstanding was Rs. 16,086/-. Repeatedly the opposite parties issued bills to the complainant every month despite that the complainant not deposited the entire bill amounts and the entire bills are on the file. As per Ex.O.Ps-31 the complainant deposited Rs. 17,000/- on 23.9.2019 against the total bill of Rs. 17,952/-. Thereafter, the opposite parties again time to time issued bills to the complainant but the complainant failed to deposit the same. The opposite parties produced the bill dated 13.11.2020 vide which it established that the demand raised by Ex.O.Ps-8 in which the total outstanding against the complainant is shown as 10,791/-. As per the above said bill it is established that the complainant has not deposited the credit card bills time to time and the total amount of Rs. 10,791/- was due against him on 13.11.2020. On the other hand, the complainant has failed to place on record any cogent evidence to prove his case that the opposite parties illegally demanded the amount of Rs. 10,791/-.
12. From the above said facts and circumstances it is established that the complainant himself is at fault by not depositing the outstanding amount of credit card bills, therefore we find no merits in the present complaint and the same is dismissed with no cost. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
16th Day of August, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
