BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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                                        Complaint Case No : 1400 of 2009

                                        Date of Institution  :    13.10.2009

                                        Date of Decision    :    13.11.2009

Satish Bansal, H.No.20, Bank Colony, Mani Majra, U.T., Chandgiarh

….…Complainant

                                V E R S U S

1]     HDFC Bank, Plot No.28, Indl. Area, Phase-I, Chandigarh.

2]     C-31, Indl. Area, Phase-I, Naraina Vihar, New Delhi.

3]     HDFC Card Division, Plot No.28, 3^rd Floor, B-I Community Centre, Zanakpuri, New Delhi.

                                        ..…Opposite Parties

CORAM:    SH.JAGROOP SINGH MAHAL       PRESIDENT

                DR.(MRS) MADHU BEHL              MEMBER

Argued by:        None for the complainant.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

                The case of the complainant is that he was holding one Credit Card of OP Bank against which there was an outstanding balance of Rs.20,000/- approx.  He had paid few installments of said credit card and later on stopped paying further installments because of inflated charges levied by the OP Bank without any justification and now they were demanding Rs.55,000/-.  It is also averred that the agents of collecting agencies of OP bank have misbehaved with his family members including wife and brother–in-law.  Therefore, the present complaint has been filed alleging the above act of OPs as illegal and deficiency in service. 

2]             The complainant had filed this case on 14.10.09.  When the complaint was taken up on 26.10.09, it was noticed that he has not attached any documents along with his complaint upon which the case was fixed on 5.11.09, directing the complainant to produce the documents or evidence in support of his case.  Instead of producing the documents, the complainant did not turn up on 5.11.09.  The complaint was accordingly adjourned to 9.11.09 for this purpose on which date again none appeared for the complainant and accordingly the complaint was adjourned for today.  Today again the complainant is not present, nor anybody else is there to pursue the complaint on his behalf.  No documents have been attached with the complaint to justify if the allegations leveled in the complaint are correct.

3]             The complainant has admitted that a credit card was issued to him and there was an outstanding amount of Rs.20, 000/-(Rupees Twenty thousand only) approximately towards him.  He claims to have paid few installments and stopped paying further installments because of “high extra charges”.  According to him the bank was increasing the amount of Rs.4 to 5000/-per month without using the credit card.  In order to prove as to what amount was due from him, it was necessary for the complainant to attach the statement of accounts received by him from the OP but that was not done for the reasons best known to him.  None of the statements of account sent to him by the OP bank have been attached. It is only from the statement of accounts that we could come to know as to what was the actual outstanding amount against the complainant and how may installments he has paid.  The payment of installments could also be proved by him by producing the account statement from his bank, but he did not produce any such statement.  Therefore, it cannot be said that the outstanding amount recoverable from the complainant was only Rs.20,000/-.  This evidence/documents were available with the complainant but he has not produced the same, therefore an adverse interference is to be drawn against him.

4]             The contention of the complainant is that the bank was demanding Rs.55,000/-(Rupees Fifty Five Thousand) from him, though he has not used the credit card.  The amount is increasing @ Rs. 4 to 5000/- per month.  In order to prove this fact, the production of the account statements received by him was necessary.  When the credit card was sent to the complainant the terms for the use of the same, the schedule of payment of amount, which was due towards him are mentioned therein.  It is also mentioned in the statement of account as to what amount would be payable by the complainant as late payment charges, interest or penalty, if the amount was not paid in time. The complainant himself has admitted that he had stopped making the payment of installments due to “high extra charges”.  The complainant cannot decide as to whether the charges were high or not because that is governed by the contract between the parties and the terms of the credit card, which again he has failed to produce.  In this manner if the complainant is not paying the installment by due date, he is liable to pay extra charges and his stopping of payment of installments cannot be justified.  If we use the provisions of the Act in favour of defaulters that would bring a bad name not only to this Forum but to the entire institution. 

5]             The contention of the complainant is that in order to recover the amount due from him the OPs were contacting his relatives and visiting his house and harassing the family members.  He has not produced the affidavit of any of the persons who were contacted by the OPs.  He has not produced the statement of calls received by him on the telephone numbers mentioned by him, if any such calls were received by him.  If the amount is not paid, the OPs are within their right to recover the payment and also justified in visiting his house to collect the amount from him.  These visits or calls therefore cannot be said to amount of harassment. Since the amount is due from the complainant, which he is not paying to the OP, he appears to have thought of taking revenge.  However, when he realized that there is no merit in his complaint, he stopped attending the Forum and did not produce the requisite documents asked by this Forum, in respect of the complaint.  We therefore, do not find any merit in this complaint to issue a notice to the OP. The complaint is accordingly dismissed.

                   Certified copies of this order be sent to the parties free of cost.  The file be consigned.