Tamil Nadu

South Chennai

CC/578/2006

M.N.saai Ganesh - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

N.Shanmugasundharam

06 Dec 2017

ORDER

                                                                        Date of Filing :   06.11.2006

                                                                        Date of Order :   06.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

 

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

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

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II                

C.C.NO.578/2006

WEDNESDAY THIS  6^th  DAY OF DECEMBER 2017

 

M.N. Saai Ganesh,

No.14, Abdul Razzack Street,

Saidapet,

Chennai 600 015.                                 ..Complainant

 

                                              Vs

HDFC Bank (Credit Card Division),

Rep. by its Manager (Legal),

Anna Salai, Chennai 600 00                  ..Opposite party.

 

Counsel for Complainant             :    M/s. V.V.Giridhar            

For the opposite party                :    M/s. Deepan Hari Govind  

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 This complaint is filed by the complainant against the opposite party   to pay a sum of Rs.20,000/- towards mental agony and damages and to pay a sum of Rs.5000/- towards cost of the complaint.

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

         The complainant submit that  he is a subscriber of the credit card No.5176521001044389.  The outstanding against the credit card as per the statement of account dated 12.7.2006 was Rs.6948.81 as per the statement of account the complainant had already made a payment of Rs.6,950/-on 24.7.2006 vide cheque No.154129 drawn on ICICI Bank Ashok Nagar Branch and as such there is no due to the opposite party as on date and he has also not received the statement of account for the month of August 2006.  

2.     The complainant further states that after receiving the statement dated 12.9.2006 the complainant found that the outstanding is shown as Rs.32822.15 which includes late fee, finance charges, etc .  He was shocked and surprised as he was not made any transaction from 24.7.2006 onwards.  He sent a registered letter dated 27.9.2006 which was received by the opposite party for which they sent a reply letter dated 30.9.2006 stating that they had reversed the late payment charge of Rs.529.09 which will be reflected in the next statement of account.   The opposite party themselves admitted that the late payment charges is charged without any reasons.   The complainant insisted in his letter dated 27.9.2006 to reverse the entire amount of Rs.32,822.15 but the opposite party had reversed only Rs.529.09 which is highly arbitrary  and unsustainable since the complainant has not made any transaction from 24.7.2006 onwards.  

3.     The complainant stated that the opposite party sent another statement of account dated 12.10.2006 which shows the total due of Rs.34,037.86 which is highly imaginary and which clearly amounts to deficiency of service and unfair trade practice and the complainant had not made any transaction.   Therefore he sent the registered legal notice dated 18.10.22006 which was acknowledged by the opposite party but no steps taken by them to rectify the revised statement.    Therefore the complainant filed the complaint.  

4.    The brief averments in the Written Version filed by the  opposite party is as follows:

      The  opposite party denies each and every allegations except those that are specifically admitted herein.  The opposite party states that it is true that the complainant is holding the credit card issued by the bank and he applied for the same on 5.12.2005 by filling in his self declaration in the  application form that in the event of his being accommodated with a credit card he will abide himself with the terms and conditions of the  card member agreement and the schedule of charges that will be levied by the bank from time to time. 

5.     The opposite party state that it is also admitted by them that the complainant had incurred charges of Rs.6,948.81 under the statement dated 12.7.2006 and he paid the same on 27.7.2006 which is reflected in the statement dated 12.8.2006.   However the claim of the complainant that he did not receive the statement of account for the month of August 2006 is incorrect.  

6.     The opposite parties states that the complainant subsequent to his payment on 27.7.2006 started using credit card for cash withdrawals from the ATM and he had withdrawn cash  on 28.7.2006 at Nandanam Centre as follows:

        28.7.2006 19.02 hrs           Rs.5000/-

28.7.2006 19.03 hrs             Rs.5000/-

        28.7.2006 19.04 hrs.          Rs.2000/-

7.     On the same day  20.00 hours the complainant had used the credit card for purchase of jewellery items with M/s G.R.Thangamaligai at T.Nagar to the extent of Rs.18000/-.   The complainant became due to the sum of Rs.31,234.44 on the card which included finance charges, ATM charges, sales tax, cess, etc. which was incidental to his usage of the card and the same was reflected in the statement of account dated 12.8.2006.   But the complainant with ulterior motive stated that he had not received the statement of account for the month of August 2006 which is pre planned.

8.     The opposite party states that it is absolutely false on the part of the complainant to allege that he had not used the credit card since 24.7.2006 in order to wash of his hand for the transaction incurred on 28.7.2006.    It is also not the case of the complainant that he had lost the credit card nor intimated the bank about any such loss or theft of his credit card. 

 

9.     The opposite party submit that under the terms and conditions of the usage of the credit card it is appraised to the card members that

1. The card member (primary or addon) should:

“not let anyone else use his / her card: take steps to protect his/her card from theft or loss and

notify the bank once the card member becomes aware that his /her card has been lost or stolen, or has been used by someone else  not hand over the card to anyone even to those posing to be authorized by the bank..”

Therefore the claim of the complainant is false to avoid the payment to the bank.  The bank had already reversed the late payment charge of Rs.529.09 as service gesture.   The transaction are indeed incurred by the complainant alone and hence the bank has the right to demand the same.    The bank had promptly replied vide its letter dated 7.11. 2006 stating that

        “.. that a transaction at ATM can be completed only with a physical card and the knowledge  of the PIN (Personal Identification Number) is privy to the card member and this PIN is confidential and is not to be shared with any person as mentioned in the card member agreement… “

 

10.    This reply letter have been suppressed by the complainant which exposes the conduct of the complainant.   The compensation claimed is illegal and not justifiable.   Therefore in the absence of such proof the claim cannot be sustained and the complaint is liable to be dismissed.  

 

11.    In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A11 marked.  Proof affidavit of opposite party filed and  Ex.B1 to Ex.B5   marked on the side of the opposite party. 

12.    The points for the consideration is:  

Whether the complainant is entitled to a sum of Rs.20,000/- towards mental agony and damages as prayed for?

13.    ON POINT:

        The complainant and his counsel has not turned up to advance any oral argument.  Heard the arguments of opposite party.  Perused the records viz. Complaint, written version, proof affidavit and documents etc.    Admittedly the complainant is holding a credit card issued by the opposite party bank and the outstanding amount is Rs.6,948.81 as per the statement of account dated 12.7.2006 and the complainant had paid the same on 27.7.2006 vide cheque No.154129  drawn on the ICICI Bank.     The complainant contended that as on 24.7.2006 there is no due to the opposite party.

14.    The allegation of the complainant against the opposite party is  that after receiving the statement of account dated 12.9.2006 he found that the outstanding due was Rs.32,822.15 which includes late fee, finance charges etc.   The complainant was shocked to note the same since he had not made any transaction from 24.7.2006 onwards.  Thereby he sent a letter dated 27.9.2006 to reverse the entire amount of Rs.32,823.15 whereas again he received statement dated 12.10.2006 which showed outstanding amount of Rs.34,037.86.  Therefore the opposite party had committed unfair trade practice.  Hence the complainant sent the legal notice dated 18.10.2006 vide Ex.A9 which was acknowledged by the opposite party but they failed to send any reply.  Therefore the complainant  was constrained to file the present complaint.

15.    The contention of the opposite party is that the complainant subsequent to his payment on 27.7.2006 started using his credit card for cash withdrawal  from ATM on 28.7.2006 at Nandanam Centre as follows:

        28.7.2006          19.02 hrs           Rs.5000

        28.7.2006          19.03hrs            Rs.5000

        28.7.2006          19.04hrs            Rs.5000    vide Ex.B2.

        On the same day at 20 hours the complainant had used his credit card for purchase of Jewellery items with G.R. Thangamaligai at T.Nagar to the extent of Rs.18,000/-. The same is evidenced through the charge slip which was duly signed by the complainant vide Ex.B3.  Hence the complainant is due for a sum of Rs.31,234.44 and the same is reflected in the statement of account dated 12.8.2006.   The counsel for the opposite party further contended that the complainant had suppressed the real fact and filed this false and frivolous complaint. 

16.    The counsel for the opposite party further contended that the allegations of not having used the card since 24.7.2006 is false.  In order to evade the payment to the opposite party drawn through ATM and the transactions made on 28.7.2006 towards jewellery which is apparently clear from  Ex.B2, Ex.B3 and B4 series. The complainant had filed the complaint.  Further on a careful perusal of  Ex.B2 it is clear that the complainant had availed the credit card for the purchase of jewellery and also made cash withdrawals on 28.7.2006. 

17.    Therefore the opposite party had clearly proved that the complainant had used the credit card after 24.7.2006 and withdrawn amounts in cash and towards  jewellery.  The letter  dated 7.11.2006 i.e. Ex.B5 by the opposite party to the complainant clearly reveals that the above transaction are true.    Considering the facts and circumstances of the case, this forum is of the considered view that a sum of Rs.34,037.86 is due to the opposite party  as per the statement of accounts and the opposite party had not committed any deficiency in service.   Hence the complainant is not entitled for any relief as prayed for in this complaint and the point is answered accordingly.

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

         Dictated by the Member-I to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the  6^th    day  of  December  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants’ side documents:

Ex.A1- 12.7.2006  - Copy of Statement of account.

Ex.A2- 24.7.2006  - Copy of payment dues.

Ex.A3- 12.9.2006  - Copy of statement of account.

Ex.A4- 27.9.2006  - Copy of Personnel notice.

Ex.A5- 27.9.2006  - Copy of Postal receipt.

Ex.A6- 28.9.2006  - Copy of Ack. Card.

Ex.A7- 30.9.2006  - Copy of reply letter.

Ex.A8- 12.10.2006         - Copy of statement of account.

Ex.A9- 18.10.2006         - Copy of legal notice.

Ex.A10-18.10.2006        - Copy of postal receipt.

Ex.A11- 19.10.2006- Copy of Ack. Card.

 

Opposite party’s side documents:    

 

Ex.B1- 5.12.2005  - Copy of credit card application.

Ex.B2- 28.7.2006  - Copy of ATM Transaction details.

Ex.B3- 28.7.2006  - Copy of Charge slip at GRT.

Ex.A4- 12.1.2006 to

          12.2.2007   - Copy of Statement of accounts.

 

Ex.A5- 7.11.2006  - Copy of reply by opp. party.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.