Per Smt. Kanchan S. Gangadhare, Hon’ble Member
The Complainant has filed the present complaint against the opponent for deficiency in not receiving credit card statement on time and for reversal of non-cash finance charges.
Brief facts of the case are as under :-
1) The complainant was having savings account ending with5010xxxxxx150 and credit card bearing no. xxx5801 with the opponent HDFC bank.
2) According to the complainant, he was always facing problem to receive physical copy of the credit card statement and he had mailed the same issue to the opponent bank many times. The complainant always made payment on time for all purchases he made. In four years, only on 2-3 instances, he made delayed payment and that was attributing to delay in sending hard copy of the credit card bill. Therefore, he requested to waive off finance and service charges debited from his account during October-December-2015. The employee of the opponent Ms. Shweta Pavekar instructed to the complainant to make payment of purchases less finance charges and promised to take this matter to credit card team. After Shweta, the complainant was in follow up with Mr. Kartik Anjaria.
3) The opponent bank investigation team after 4 years in August-2019 informed to the complainant that, finance charges of Rs.563.01/- was reversed to the credit card account which was reflected in January-2016 statement. The complainant was unaware of this reversal. The complainant informed to the bank that, if the bank has conveyed earlier regarding non reversal, the amount of Rs.563.01/- would not got increase to Rs.63,000/-. The complainant showed them the emails of Mr. Kartik Anjaria, disproving their false statement, after that the opponent bank stops responding.
4) On 19th April 2019, the complainant informed to the opponent bank to discontinue credit card. The opponent calculated outstanding amount of Rs.67,712/- of July-2019 bill instead of Rs.61,605/- of April-2019 bill. Then, the opponent bank investigation team reverse Rs.8,500/- to the complainant.
5) To recover above mentioned amount, the opponent bank put lien on the complainant’s FD of Rs.10,000/- and also on the amount in independent account of his wife amounting to Rs.52,827.07/-. The wife of the complainant holding an add on credit card with the complainant. The complainant had sent mail to discontinue their account on 22/04/2021.
6) The complainant approached the Banking Ombudsman for his abovementioned grievance. However, the banking ombudsman has rejected his complaint.
7) Being aggrieved by the deficient service given by the opponent, the complainant constrained to file the present complaint for getting Rs.63,000/- along with the interest.
8) The Opponent was duly served with the notice. In spite of several chances given to the Opponent to appear, he did not appear. Hence matter is proceeded exparte against the Opponent.
9) Documents filed by the complainant: - complaint, evidence affidavit and email trail etc.
10) In view of the above facts and considering the evidence affidavit, documents on record and argument of the complainant, following points arise for our determination and our findings thereon are as under.
11) The complainant has filed mail trail of the communication between complainant and the opponent from which it is clear that the complainant is the ‘Consumer’ of the opponent HDFC bank.
12) According to the complainant, he was always facing problem to receive physical copy of the credit card statement and he mailed the same issue to the opponent bank many times. We have carefully perused the emails filed by the complainant and observed that on Page No.21 and 24, the complainant has sent mail to the opponent regarding not receiving hard copy of the credit card statement on time and due to which there is a delay in payment of credit card bill and since two years the opponent bank is continuously imposing non cash finance charges. However, the complainant failed to file those credit card statement in which late fee with GST has been levied. Moreover, these are one sided communication mails from the complainant; he has not filed any reply of the opponent. The Complainant in email on Page No. 21 confirms that he was getting his credit card bills regularly.
13) The complainant requested to waive off finance and service charges debited from the complainant’s account during October-December-2015. The employee of opponent Ms. Shweta Pavekar instructed to the complainant to make payment of purchasing less finance charges and promised to take this matter to credit card team. The complainant has filed that email on record. However, failed produced credit card payment receipt or any bill on record. The opponent has conveyed that it will take the complainant’s issue to credit card team but we have not found any reference regarding commitment of the opponent bank regarding reversal of finance charges.
14) The opponent bank investigation team after four years in August-2019 informed to the complainant that, finance charges of Rs.563.01/- was reversed to the card account which was reflected in January-2016 statement. The complainant was unaware of this reversal. The complainant was regular payee of his credit card bills. So, in our view the complainant must have come to know about this fact at the time of next month payment and it was easy for the complainant to get soft copy of the credit card statement to check that amount is reversed or not in respective bill. The complainant has failed to file that bill and in absence of conclusive evidence it is hard to believe that the complainant was unaware of the fact of reversal. The complainant informed to the bank that, if the bank has conveyed earlier regarding non reversal, the amount of Rs.563.01/- would not got increase to Rs.63,000/-. We have perused all those mails, those are around four years after the cause of action stated by the complainant has arose and there is no conclusive evidence filed by complainant regarding how Rs.563.01/- got increased to Rs.63,000/-. We peruse the mail dated 30/01/2019 of opponent filed at Exh.’E’, Page No.30 informing to the complainant that these are statutory charges levied towards the late payment and the accrued interest thereof which the complainant has to pay and the complainant has not filed any evidence on record to disprove this statement.
15) On 19th April 2019, the complainant informed the opponent bank to discontinue credit card. This email is filed by the complainant on record at Page No.104. This is not the disputed fact that, the opponent calculated outstanding amount of Rs.67,712/- of July-2019 bill instead of Rs.61,605/- of April-2019 bill. Then, the opponent bank investigation team reverse Rs.8,500/- to the complainant.
16) It is contention of the complainant that, the opponent bank put lien on the complainant’s FD of Rs.10,000/- and also on the amount in independent account of his wife Mrs. Tejal Khandadia amounting to Rs.52,827.07/-. We have carefully perused the lien notice sent by the opponent bank dated 06/07/2019 wherein lien was put only on funds available in the complainants HDFC bank a/c no. 5030xxxx1611 and credit card a/c no. 4375xxxx5801 for non-payment of amounts due on credit card. The complainant has not filed any notice showing the opponent bank put lien on the funds of his wife’s a/c. We have perused the mails sent to the opponent bank and Bank Ombudsman and not find any reference regarding the opponent has put lien on funds available in account of his wife of Mrs. Tejal Khandadia. The complainant has filed two letters sent by his wife to the opponent bank at Exh ‘V’ and ‘W’, Page No.125 and 126 respectively. We have perused those letters and come to the conclusion that, those letters are regarding wrong debit from her a/c no. 5010xxx0232 of Rs.52,827.07/-. It is clear from these two letters that mentioned amount is not debited due to bank put alleged lien but for unknown reason not known to the Mrs. Tejal. Hence, we are of the view that bank has put lien on the complainant’s FD of Rs.10,000/- and not on funds in his wife’s account.
17) The Bank Ombudsman observed bank was not in receipt of the regular full and complete payment of the outstanding dues on the card account, the applicable bank charges were levied by the bank since October 2015.
18) On the basis of above discussion and evidence on record, we are of the opinion that, there is no evidence on record regarding, complainant was not receiving credit card bill on time moreover, he has not filed a single credit card statement showing late fee and GST levied by the opponent bank. It is clear from the record that, the opponent bank did not put lien on funds available in the account of complainant’s wife. It is clear from the communication that bank never commits the reversal of non-cash debit it is always left with the credit card team and the team after investigation had conveyed to the complainant that they cannot do the reversal of amount. In support of all the contentions of the complaint he has filed only bunch of bulky and vague email communication between him and the opponent. We are of the opinion that relying upon the evidence in form of email communication is not conclusive and sufficient to come to conclusion. Hence, we didn’t find any deficiency of service on account of the opponent bank.
ORDER
- Consumer Complaint No.CC/203/2021 stands dismissed.
- No order as to cost.
- Copies of this order be sent to the parties free of cost.
