Delhi

East Delhi

CC/348/2014

NEERAJ - Complainant(s)

Versus

HDFC BANK - Opp.Party(s)

21 Feb 2018

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.        348/2014

                                                                                                  Date of Institution                07/14/2014

                                                                                                  Order Reserved on               21/02/2018

                                                                                                  Date of Order                        23/02/2018  

                                                                                                        

In matter of

Mr Neeraj Kumar Bali, adult   

R/o- 359, Sec. 3 F,

Vaishali,  Ghaziabad, UP……....………..……………….………….Complainant

                                                                   

                                                                         Vs

The Branch Manager

HDFC Bank, Rajori Garden, New Delhi .……………………….Opponent

 

Complainant’s Advocate……………………Mr Rajesh Kumar Sharma & Pawan Kumar Sharma   

Opponent’s Advocate………………………..Mr Mukesh Sachdeva & Mr Ashish Singh - AR

 

Quorum                                                      Sh Sukhdev Singh       President

                                                                     Dr P N Tiwari                Member                                                                                                   

                                                                     Mrs Harpreet Kaur      Member

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case                                                                                                 

Complainant had credit card of OP/HDCF Bank vide no. 4346 7720 0866 4970 and had credit limit of Rs 30,000/-. Complainant was using credit card, but due to some financial problem could not repay. After personal request and visits to OP office, a settlement note was prepared for Rs 26,000/- to be paid in 8 installments of Rs 3200/-per month as per settlement letter (Ex CW1/1 &1a). The same agreed installments were paid on 18/10/2011.

It was stated by complainant that he had paid all the installments from 18/10/2011 to 12/02/2013 (Ex CW1/1b to Ex CW1/1i, but OP did not issue NOC against his credit card and after inquiring from OP office, it was told that he was put in the list of cibil and could not avail his personal loan from ICICI bank. Seeing illegal and negligent act of OP, filed this complaint Rs 80,000/-as compensation for harassment and Rs 11,000/- as litigation charges.

 

OP submitted written statement and denied all the allegations of deficiency in their services. It was stated that credit card issued on 05/04/2008 card no. 4346772006751274, but after some time existing card was replaced by a new card vide no. 43462008664970 and all the terms and conditions of ‘Lien & Right of Set Off’ were explained with issues like Fee & service charges, Interest, Payment and monthly payments under Card Member Agreement. OP also stated that all the terms and conditions for using card was understood by the complainant.

It was stated that complainant was a regular defaulter in making repayments as per his monthly account statement (Ex OPW1/1) and incurred an outstanding amount of Rs 34558.65 up to 03/10/2011. As outstanding nonpayment limit was increasing, so he was called for settlement for which he agreed and final settlement was arrived for repayment of Rs 26,000/- in 8 installments from Oct. 2011 to May 2012 vide settlement letter S1029010. The complainant did not follow the settlement agreement (Ex OPW1/5). As per terms and conditions, delayed period attract penalties and interest of balance payment, so his settlement process was cancelled and entire due amount was subjected to the further interest and penalty as per RBI guidelines. The complainant was himself defaulter and alleged deficiency against OP which was illegal and unjustified. So, prayed for dismissal of this complaint.  

Complainant filed his rejoinder to written statement and denied all replies given by OP. He stated that his all the contents of complaint were correct and true. He also submitted his evidences on affidavit through himself and reaffirmed that all the installments were paid and despite of paying his installments, OP did not issue N.O.C. so he could not avail further bank facilities.

OP filed their evidences on affidavit through Mr Ashish Singh, Authorised Representative of OP and affirmed on oath that he was an competent person to submit their evidences as per GPA (Ex RW1/A) and OP had no where deficient in their services under Section 2(1)(c),(g) and (o) of the Consumer Protection Act,1986. OP had submitted application of complainant to transfer his existing credit card to another card (RW1/B) and as per the terms and conditions, OP had explained all related issues and conditions under Card Member Agreement in whom complainant had put his signature after reading and understanding all the contents despite of it, he was a regular defaulter in repayment and OP had incurred interest on late payment as per OP’s card conditions (Ex RW1/C). OP had also submitted detail account statement (Ex RW1/D) which was on record showed that complainant was a regular defaulter and despite of this, he was availing card facility. When repayment and interest was over Rs 34000/ as nonpayment, he was called for payment and after his request, a settlement agreement was prepared (Ex RW1/E) where all the penalties and interest was reduced to Rs 26,000/-for which he agreed and put his signatures to pay in 8 installments.

It was also stated that complainant had repaid total Rs 19100/- irregularly under settlement terms, but did not pay the balanced amount so all the terms of settlement agreement was null and void. Thus he had to pay the balance amount of Rs 30826.64/-. Hence there was no deficiency on the part of OP and complainant to be directed to pay the balance amount.  

Arguments were heard from both the party counsels and after perusing file, order was reserved.

We perused the facts and evidences on record. It has been noted that complainant was a defaulter in repayments of his credit card amount, but under settlement agreement, he paid a sum of Rs 19,100/- and thereafter again he could not pay so his agreement was put as null and void by OP and total balance of Rs 30826.64/- were due. Thus there was a balance of about seven thousands due under the agreement, but not paying the amount in time total amount was Rs 30826.64/.  

Hence, we come to the conclusion that complainant has not abide by the terms and conditions of the settlement agreement which was framed in his presence. That being so, the present complaint stands rejected with the direction that complainant shall fulfill settlement agreement terms and conditions within 30 days. There shall be no order to cost.  

The copy of this order be sent to the parties under Regulation 18 of the Consumer Protection Regulation, 2005 (in short the CPR) and file be consigned to the Record Room under the Section 20(1) of the CPR.

 

(Dr) P N Tiwari  Member                                                                            Mrs Harpreet Kaur   Member                                                                                                  

 

                                       

                                                        Sukhdev Singh President