Per Mr.B.S.Wasekar, Hon’ble President
1) The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, he has obtained credit card facility from the O.P./Bank on 5th November, 2005. He was regularly using the services of this facility and paying the bills. From the year-2010, the O.P./Bank started to manipulate the bills for huge amount. The complainant paid entire balance amount on 22nd July, 2010 i.e. `9,773/-. He has surrendered his credit card on 22nd September, 2010. That time there was no balance pending against the complainant. The complainant gave intimation to the Customer Care Officer of the O.P./Bank. Inspite of it, the office bearers of O.P./Bank used to visit the complainant for payment. The complainant had lodged complaint with Customer Care of the O.P./Bank. As the O.P. is demanding the amount, the complainant has filed this complaint to desist the O.P. from demanding amount in respect of credit card from the complainant. He has also prayed for compensation of `50,000/- for harassment and cost of proceeding `5,000/-.
2) The O.P./Bank remained absent though duly served therefore the matter is proceeded ex-parte. The complainant has filed affidavit of evidence. After hearing the argument of learned advocate for the complainant and after going through the record, following points arise for our consideration.
POINTS
Sr. No. | Points | Findings |
1) | Whether there is deficiency in service ? | No |
2) | Whether the complaint is maintainable ? | No |
3) | Whether the complainant is entitled for the relief as claimed ? | No |
4) | What Order? | As per final order |
REASONS
3) As to Point No. 1 to 3 :- As per prayer clause, the complainant is seeking relief to desist the O.P./Bank from any demand from the complainant in respect of credit card. The complainant is seeking injunction against the O.P./Bank. The Forum has no jurisdiction to give any injunction order against the O.P. It is only for the Civil Court to give such relief. The complainant has already surrendered his credit card. He is not claiming deficiency in service but he is seeking relief of injunction. Therefore, the complaint is not maintainable.
4) According to the complainant, he has paid all the outstanding amount and surrendered his credit card but he has not produced any evidence to that effect. As per bank notice, the O.P. is claiming outstanding amount. As stated above, it is only for the Civil Court to grant such relief of injunction. Thus, there is no substance in the complaint. As this Forum can not grant main relief of injunction, the complainant is not entitled for subsequent relief of compensation.
5) Thus, the complaint is not maintainable and the complainant is not entitled for the relief as prayed. Hence, we proceed to pass the following order.
O R D E R
1) Complaint stands dismissed.
2) Parties are left to bear their own costs.
