CC/325/18
17.09.2018
Present :- Counsel for Complainant.
Complainant has filed present complaint on the averments that the complainant was issued Credit Card bearing no. 000489377xxxxxx0313 in December 2017 The complainant lost her job and suffered financial disaster. In the month of January OP started deducting various charges under the bracket of process fees, penalty fees and maintenance charges and alleged that complainant has dues of Rs .76,931 /-. It is further stated on account of negotiation with OP the complainant should came of final settlement of Rs. 60,700/- . The complainant has made clear to OP to repay the aforesaid amount in small installments. It was agreed that complainant shall pay amount in installment of Rs. 4,100/- at initial stage and thereafter Rs. 14,150/- each month to clear the settlement amount. The complainant thereupon made payment of Rs. 4,100/- on 27.02.2018 . The complainant received settlement order dated 03.03.2018 which stated that the payment of Rs. 60,700/- be made by 20.03.2018. The complainant was shocked to know terms and conditions of settlement order he approached the OP in this regard but have failed rather O P started threatening complainant to clear dues . Hence the present case for compensation and repayment of Rs. 46,550/- with interest from OP.
We have heard learned counsel for the complainant perused record. The pivotal controversy is the final settlement date 28.02.2018 which stood admitted complainant. The perusal of aforesaid letter Annexuree-A makes it abundantly clear that the dues of Rs. 76,931.25 were settled for the amount of Rs. 60,700/- to be paid by complainant in two installments that is on 28.02.2018 Rs. 10,000/- and on 20.03.2018 Rs. 50,700/- by cheque . This letter has been categorically admitted by the complainant. The settlement order does not talk about easy installment as depicted
In the complainant in the present petition . Admittedly the complainant received copy of settlement order on 03.03.2018 but filed the present complaint on 25.06.2018 . She has not filed on record any document by which she immediately approached OP for twisting the settlement terms and conditions. She only broke the silence to the terms and conditions on 06.06.2018 .
Keeping in view the aforesaid discussion and circumstances we see no deficiency in service on part of the OP. It is the complainant who did not adhere to the terms and conditions of settlement date 28.02.1018 . Therefore the present complaint being devoid of any merit is dismissed.
(PUNEET LAMBA) (K.S.MOHI) MEMBER PRESIDENT 17.09.2018 17.09.2018