Date of Filing: 06.02.2010
Date of Order: 28.02.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated: 28TH DAY OF FEBRUARY 2011
PRESENT
Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.
Smt. D. LEELAVATHI, M.A.LL.B, Member.
Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.
COMPLAINT NO: 261 OF 2010
S. Satheesh Kumar
No. 14, Old Madras Road
Ulsoor, Bangalore 560 008 Complainant
V/S
1. HDFC Bank
Ceebros Building
110, N.M. Road
Chennai 600 029
Rep. by Branch Manager
2. The Branch Manager
HDFC Bank, Professional Court
2717, 15th Cross, 3rd Block
Jayanagar, Bangalore Opposite Parties
ORDER
By the Member Sri Balakrishna. V. Masali
The complainant has filed the complaint under section 12 of the Consumer Protection Act, 1986.
The facts of the case are that:
I had taken a credit card service from HDFC Bank. The credit card No. 4346 7710 0966 0896. I was used the credit card for my transaction in so many times and amount was deducted in my bank account. Several times the bank was sent some notice to me as I used the credit card exceed of limit. Simultaneously my salary account with HDFC Bank was withheld made inoperative by deducting Rs. 7,714/-. Further it is submitted that on 22.01.2008 I agreed with the opposite party to settle the matter and both was signed on a settlement letter on same day for Rs. 32,800/-. I paid the entire amount in various days in various invoices. After the settlement the bank staffs were called several times to my land line number and mobile also. Further, they are given mental torture to me and my family. I was lost my job from this issue. Now, I am unemployed till today. I am paid Rs. 4,000/- as an exceed amount about the settlement offer and I have huge mental agony from the opposite party. Hence, kindly award Rs. 10,00,000/- for all the above mentioned harasses. Hence, the complaint.
2. Notice was issued to opposite party by RPAD. opposite party put in appearance through advocate and filed version stating that it is true that the complainant is having credit card facility under the card bearing No. 4346 7710 0966 0896 issued by the opposite parties having initial credit limit to an extent of Rs. 25,000/- which is enhanced at the later stage to an extent of Rs. 38,000/- and also deposit account in the name of complainant in No. 0261140006399. As per the statement of account dated 12.01.2008 the complainant was liable to pay an amount of Rs. 48,085/-. Though that much amount was pending in the credit card account of the complainant, the complainant did not bother to pay the same to the opposite parties even after repeated request, reminders and demand the complainant failed to pay the said balance amount to the opposite parties. The complainant on the other hand made request to the opposite parties to give some concession so as to enable him to make the entire outstanding as settlement of his dues. The opposite parties by conceding the requests made by the complainant had made an offer to the complainant through their offer letter dated 22.01.2008 by offering to him to make the total payment of Rs. 32,800/- in 6 numbers monthly instalments. The terms and conditions of the settlement offer letter dated 22.01.2008 had accepted by the complainant by putting his signature on the said document on 23.01.2008. As per the settlement offer letter the complainant had paid an amount of Rs. 4,550/- on 23.01.2008 by way of cash and the same has been reflecting in the statement of account dated 12.02.2008. The complainant for rest of amount had issued 5 numbers of post dated cheques for Rs. 5,650/- each from 15.02.2008 to 15.06.2008. Accordingly, the opposite parties have presented the cheque dated 15.02.2008 to their bankers for its encashment. But the same had dishonoured. Therefore, the same cannot be treated as payment towards the settlement offer letter dated 22.01.2008. In view of the non-payment by the complainant inspite of the above instance the interest and other charges continued to occur in the credit card account of the complainant. Accordingly, there was an amount of Rs. 71,233/- in the credit card account of the complainant. Therefore, it is prayed that this Hon’ble forum may be pleased to dismiss the complaint.
3. Affidavit evidence of both the parties filed. Perused the affidavit and documents.
4. Arguments heard.
5. The points for consideration are:
1. Whether there was any deficiency of service on the part of opposite parties?
2. Whether the complainant is entitled to any relief?
REASONS
6. Perused the complaint, version and documents. It is an admitted fact that the complainant had availed a credit card facility from the opposite parties which is bearing card No. 4348-7710-0966-0896. The complainant has used the credit card issued by the opposite parties. As per the statement of account dated 12.01.2008 the complainant was liable to pay an amount of Rs. 48,085/-. Though that much of amount was pending in the credit card account of the complainant, the complainant on the other hand made requests to the opposite parties to give some concession so as to enable him to make the entire outstanding as settlement of his dues. The opposite parties by conceding the request made by the complainant had made an offer to the complainant through their letter dated 22.01.2008 by offering him to make the total payment of Rs. 32,800/- in 6 numbers monthly installments out of which the complainant was required to pay an amount of Rs. 4,550/-. As per the settlement offer letter the complainant had paid an amount of Rs. 4,550/- on 23.01.2008 by way of cash. It is admitted by the opposite parties. The opposite parties have deducted Rs. 7,714/- from the complainant’s salary account. It is also admitted by the opposite parties. Further, the complainant has made payments in different dates under various invoices. As per the settlement letter dated 22.01.2008 the complainant is liable to pay an amount of Rs. 32,800/-. But as per the document submitted by the complainant the complainant has paid an amount of Rs. 36,864/- in different dates in various invoices. The complainant has paid Rs. 4,000/- as it exceeds amount than the settlement offer. As per the settlement amount of Rs. 32,800/- the complainant has made full payment. Therefore, there is no outstanding balance from the complainant’s side. In this regard the opposite parties made deficiency of service to the complainant by asking payment of Rs. 71,233/-. The complainant is not liable to pay an amount of Rs. 71,233/-. In the result I proceed to pass the following:
ORDER
7. The complaint is allowed. Opposite party is directed to close the credit card account of the complainant without insisting any further payment from the complainant.
8. Send the copy of this Order to both the parties free of costs immediately.
9. Pronounced in the Open Forum on this 28TH DAY OF FEBRUARY 2011.
Order accordingly,
MEMBER
We concur the above findings.
MEMBER PRESIDENT
