DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.1187/2007

Sh. Jitender Pandey

Terminal Duty Officer

Udaan Bhawan

Delhi International Airport Ltd.

IGI Airport, New Delhi                                        ….Complainant

Versus

HDFC Bank Ltd.

through its Manager

25, Barakhamba Road,

Near Metro Station,

Connaught Place, New Delhi                                   ….Opposite Party

                                                      Date of Institution  : 20.11.2007             Date of Order      : 07.04.18

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

Briefly stated, the case of the complainant is that he was having a HSBC Gold Credit Card No.4384599910818342 provided by the OP. The complainant used the credit card somewhere in October, 2006 but OP never bothered to send the statement stating the breakup despite that he had made payment to the OP and he called customer care for knowing the outstanding amount. After making the payment for the month of November and December, 2006 the complainant realized that getting the account statement is one of the basic rights but the OP never sent the statement despite making several requests to the OP. In the meantime the OP transferred his case to the collection executives and the OP sent one single statement stating the opening balance of Rs.45,12,158/-, no breakup of his usage. The collection executive made threatening calls to him on 16.02.07. The complainant reported the incident to the OP through email and requested to settle and close his account as the incident was causing lot of mental agony. The OP sent apology and promised to send all the statements but nothing materialized. The OP never bothered to close his account despite written request.  The complainant again requested the customer care of the OP to settle and close his account but no one reverted back to him.  The complainant was making the payment. After making the payment in August, September the complainant forced the OP to come to settle the account. The bank sent a settlement vide letter dated 18.08.07 received by him on 22.08.07. The bank settled the amount of Rs.25,000/- in four equal installment. While accepting the letter the complainant asked the executive to give him the statement of entire usage. The official promised him that he will send entire usage breakup by 01.09.07. No reply was received. According to the complainant till date he has already made Rs.28,737.59p and another Rs.3,000/- as payments to the bank while he feels that the principal amount due was somewhere to the tune of Rs.20,000/- to Rs.25,000/-. The complainant has filed the present complaint for issuing direction to the OP to pay a compensation of Rs.25,000/- for  mental agony caused to him for nearly 10 months and Rs.5,000/- as a litigation charges.

OP in the written statement has inter-alia stated that the complaint is not maintainable and is liable to be  dismissed as the breach alleged to have been committed by the complainant is purely contractual in nature and will depend purely on the terms and conditions on which the credit  card was issued.  It is stated that the complaint has been filed by the complainant with some oblique motives to force the opposite party to accept certain illegal demands of the complainant to settle his dues on  the credit card at very less amount.  It is denied that the complainant had made payment to the bank towards the said credit card bill. It is submitted that the complainant had made part payment to the OP in the month of November and December, 2006 against his usage/binding dues. The complainant had paid only single installment of Rs.6250/- on 31.08.08 and had never made payment prior to that amount since issuance of the said credit card.  It is submitted that it is open for the complainant to assess internet site of the OP bank to obtain e-statement any time and the said fact was also in the knowledge of the complainant but the complainant intentionally and deliberately failed in adopting the proper way of obtaining statement of account.  Therefore, the present complaint is liable to be dismissed on the said sole ground. It is submitted that the complainant never requested the OP to settle the outstanding payment towards the card No. 4384599910818342. The complainant was irregular in making payment towards the said credit card due to which the OP was constrained to close the said credit card in the month of September, 2007. It is submitted that the complainant was offered by the OP to settle his dues through letter dated 18.08.07 whereby the OP had agreed to settle the dues of the complainant at Rs.25,000/- provided the said payment is made on or before 31.11.07  in four installments of Rs.6250/- each and the complainant was also promised in the said letter that the OP on receipt of the said payment shall forward statement of credit card reflecting zero dues outstanding after writing of the deficient amount. It is submitted that the complainant even after receiving the said proposal from the OP failed to make the outstanding payment to the OP.  It is stated that as on date an amount of Rs.62961.09/- is payable by the complainant to the OP but the complainant did not adhere to the settlement plan and paid only a single installment of Rs.6250/- on 31.08.08 and as the entire plan was not adhered and the plan was nullified and the complainant was liable to pay entire amount as on date. OP has prayed for dismissal of the complaint.

Complainant has filed a rejoinder and stated that non supply of credit card statement and further imposing huge penalty in the name of non-payment of dues amounts to deficiency in service and unfair trade practice which made the OP liable to be punished as per the provisions of the Consumer Protection Act.  It is the OP who offered the settlement proposal which was subsequently refused by the complainant as the OP failed to fulfill the condition of settlement i.e. supply of credit card statement of the OP. It is denied that the complainant had paid only a single installment of Rs.6250/- on 31.08.08 and has never made payment prior to that  amount since issuance of said credit card.  It clearly shows as the account statement that the complainant have made several payments after issuance of the credit card. It is submitted that the complainant was never intimated to get the statement from the website in reply to email written by the complainant asking supply of statement. Is also denied that the complainant requested the OP to settle the outstanding amount of the credit card. It is reiterated that the complainant had made a written request for closure of the credit card account well in advance but authorized representative of OP represented fictitious fact before the forum. It is submitted that the concerned executive promised the complainant that he will send the entire usage break up statement by 01.09.07 and in turn requested the complainant to clear the first installment amount so that the settlement is not affected.

Complainant has filed his own affidavit   in evidence. on the other hand, affidavit   of Sh. Piyush Tiwari, AR has been filed in evidence on behalf of the OP.

Written arguments have been filed on behalf of the OP.

No oral arguments have been advanced on behalf of the complainant despite opportunity given in this behalf.

We have head the oral arguments of the counsel for the OP and have also gone through the file very carefully.

Copy of the letter written on behalf of the OP to the complainant dated 18.08.2017 has been filed on the record, by which the complainant was offered to settle the amount at Rs.25,000/- by making four equal monthly instalments of Rs.6,250/- each to be  paid in August, 2007, September 2007, October 2007 and November 2007.  It was stated that on receipt of the said payment by the OP, OP shall forward to the complainant the statement of the credit card account reflecting zero dues outstanding after writing off the deficit amount. However, it seems that the complainant made an endorsement on 22.08.2007 on the said letter to the following effect “accept subject to the condition that you e-mail me the statement of entire usage”.

It is the common case of the parties that the complainant did not comply with the settlement deed. There is no evidence on the record to show that the complainant has paid the outstanding amount during the pendency of the complaint. Therefore, when the complainant himself is in arrears of outstanding amount he is not entitled to file the present complaint by pleading deficiency in service in this regard. Therefore, we hold that no consumer dispute is made out.

Accordingly, we dismiss the complaint with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 07.04.18.