DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 65-14

Date of Institution : 31.1.2014

Date of Decision : 10.03.2015

Sh. Vikas Kapoor C/o M/s. Khanna Paper Mills Ltd., Fatehgarh Churian Road, Amritsar

...Complainant

Vs.

The Manager, HDFC Bank Ltd., Branch Fatehgarh Churian Road, Amritsar

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh. S.K.Sharma, Adv

For the opposite party : S/Sh. Rajesh Sharma & Sandip Sharma,Adv.

Quorum : Sh. Bhupinder Singh, President,

Ms.Kulwant Kaur Bajwa,Member & Sh.Anoop Sharma,Member

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Order dictated by :-

Bhupinder Singh, President

1. Present complaint has been filed by Vikas Kapoor under the Consumer Protection Act alleging therein that he is having saving bank account No. 13671000044647 in the joint name of Vikas Kapoor and Anu Kapoor. The complainant got credit card bearing No. 46178630047539990 from the opposite party bank against FDR of Rs.50000/- bearing No. 13674470021233. Against this credit card account a sum of Rs. 32000/- approximately was due from the complainant to the opposite party bank.  According to the complainant due to certain reasons he did not want to continue with the said credit card and he was unable to pay the said amount of Rs. 32000/ approximately. So the complainant approached the opposite party bank to cancel the aforesaid FDR of Rs. 50000/- deduct the amount outstanding against the aforesaid credit card account (after deducting outstanding amount ) deposit the balance amount in the aforesaid saving account of the complainant jointly with Anu Kapoor. But the opposite party did not pay any heed to the request of the complainant. Even the complainant visited the opposite party at its office with the aforesaid requests but they did not pay any heed to the request of the complainant. Then the complainant submitted a written request dated 11.11.2013  to the opposite party bank. But the same also remained

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unattended. Then the complainant served written notice dated 23.11.2013  through registered post on the opposite party,   but inspite of that the opposite party neither cancelled the FDR nor closed the credit card account of the complainant after adjusting the amount outstanding, from the FDR.  Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to  cancel the aforesaid FDR of Rs. 50000/-, to calculate the interest on it upto date and also to cancel the credit card of the complainant and to deduct the amount of Rs. 32000/- alongwith interest and to deposit the balance amount in his saving bank account. Compensation of Rs. 20000/- alongwith litigation expenses were also demanded.

 2.           On notice opposite party appeared and filed written version in which it was submitted that the complainant was issued a credit card on the basis of his request/application form submitted by the complainant to the opposite party. It was submitted that at the time of issuance of credit card, complainant was made clear about all the terms and conditions governing the usage of the credit card. The complainant assured to make payments regularly and punctually as per the statements raised upon him for the use and utilization of the credit card. It was submitted that the details of payment of fee and service charges, interest were explained in card member agreement. The complainant was also  notified separately most important terms and conditions containing complete information on

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fee  and  charges, cash advance fee, late fee charges, finance charges, etc. Therefore, the complainant was fully aware of the charges levied if payment is not paid in the scheduled time. But inspite of that the complainant has been grossly irregular in making the payment of outstanding amount on the  said credit card. So , it is the complainant who is negligent and reluctant to make the payment of the outstanding amount due on the credit card and as per card statement dated 23.3.2014 total outstanding due on card payable by the complainant is Rs .50,204.12 paise. It was denied that the complainant ever approached and submitted any written request to the opposite party bank for closure of credit card and to cancel the lien FDR of Rs. 50000/- and further to deduct the amount of Rs. 32000/- approximately outstanding due against credit card account, out of the aforesaid FDR and to deposit the balance amount in the saving account of the complainant. However, it was admitted that the complainant sent legal notice dated 23.11.2013 through his counsel  which was duly replied by the bank through response letter dated 28.12.2013 in which the complainant was directed to pay the outstanding amount of Rs. 39661.47 paise and clearly mention the details of the FD account and the credit card account. Infact the complainant is a defaulter of the opposite party and he has filed the present complaint just to wriggle out from the legal debt liability. While denying and controverting other allegations, dismissal of complaint was prayed.

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3. Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-9.

4. Opposite party tendered into evidence affidavit of Sh. Surjit Kapoor, Manager Ex.OP1.

5. We have carefully gone through the pleadings of the parties arguments advanced by the ld.counsels for both the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsels for both the parties.

6. From the record and the pleadings of the parties and the evidence produced on record by both the parties ,it is clear that complainant  has joint saving bank account No. 13671000044647. The complainant got credit card bearing No. 46178630047539990 from the opposite party bank against FDR of Rs.50000/- bearing No. 13674470021233. Against this credit card account a sum of Rs. 32000/- approximately was due from the complainant to the opposite party bank. The complainant did not want to continue with the said credit card and he was unable to pay the said amount of Rs. 32000/ approximately. So the complainant approached the opposite party bank to cancel the aforesaid FDR of Rs. 50000/- deducted the amount outstanding against the aforesaid credit card account, out of the FDR and to deposit the balance amount in the aforesaid saving account of the complainant jointly with Anu Kapoor. But the opposite party did not pay any heed

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to the request of the complainant. Then the complainant submitted a written request

dated 11.11.2013 Ex.C-5 to the opposite party bank. But the same also remained unattended. Then the complainant served written notice dated 23.11.2013 Ex.C-2 on the opposite party through registered post, postal receipt of which is Ex.C-3 but inspite of that the opposite party neither cancelled the FDR nor closed the credit card account of the complainant after adjusting the amount outstanding, from the FDR. Rather the complainant received notice from the opposite party through counsel Rajesh Sheoran dated 28.1.2014 Ex.C-7 in which the opposite party stated that a sum of Rs. 32779.14 paise is outstanding against the aforesaid credit card account of the complainant and the complainant was directed to deposit the said amount alongwith notice charges Rs. 500/ , within 15 days from the date of receipt of this legal notice. Thereafter the complainant after filing the present complaint sent reply/legal notice to the opposite party counsel dated 10.2.2014 Ex.C-8 in which the complainant reiterated that he had already submitted to the opposite party orally as well as vide letter dated 11.11.2013 as well as written notice dated 23.11.2013 asking the opposite party to cancel the FDR of Rs. 50000/-, copy of which is Ex.C-6 in the name of the complainant and deduct the outstanding amount out of the proceeds of FDR and to deposit the balance amount in his saving account. But inspite of that opposite party neither cancelled the aforesaid FDR nor adjusted the amount towards the outstanding amount against the aforesaid credit

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card account of the complainant nor credited the balance amount in the saving bank

account of the complainant  But inspite of that notice the opposite party did not pay any heed to the request of the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.

7. Whereas the case of the opposite party is that the complainant was issued a credit card on the basis of his request/application form submitted by the complainant to the opposite party. Details of payment of fee and service charges, interest were explained in card member agreement. The complainant was also  notified separately most important terms and conditions containing complete information on fee  and  charges, cash advance fee, late fee charges, finance charges, etc. Therefore, the complainant was fully aware of the charges levied if payment is not paid in the schedule time. But inspite of that the complainant has been grossly irregular in making the payment of outstanding amount on the  said credit card. So , it is the complainant who is negligent and reluctant to make the payment of the outstanding amount due on the credit card and as per card statement dated 23.3.2014 total outstanding due on card payable by the complainant is Rs .50,204.12 paise. The opposite party denied that the complainant ever approached and submitted any written request to the opposite party bank for closure of credit card and to cancel the lien FDR of Rs. 50000/- and further to deduct the amount of

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Rs. 32000/- approximately outstanding due against credit card account, out of the aforesaid FDR and to deposit the balance amount in the saving account of the complainant. However, they admitted that the complainant sent legal notice dated 23.11.2013 Ex.C-2 through his counsel which was duly replied by the bank through response letter dated 28.12.2013 in which the complainant was directed to pay the outstanding amount of Rs. 39661.47 paise and clearly mentioned  the details of the FD account and the credit card account. Infact the complainant is a defaulter of the opposite party and he has filed the present complaint just to wriggle out from the legal debt liability. Counsel for the opposite party submitted that  there is no deficiency of service on the part of the opposite party qua the complainant.            8. From the entire above discussion we have come to the conclusion that complainant is holder of saving bank account No. 13671000044647 with the opposite party bank. The complainant had also FDR of Rs. 50000/ , copy of which is Ex.C-6. The complainant got credit card bearing No.4617863004753990 from the opposite party bank and against this credit card facility the complainant became defaulter and a sum of Rs. 32000/- approximately was due outstanding against the complainant. The complainant wrote to the opposite party vide letter dated 11.11.2013 Ex.C-5 that he does not want to continue with the credit card facility , so his FDR of Rs. 50000/- be cancelled and out of the proceeds of the FDR, amount outstanding against the credit card facility of the complainant be adjusted and the

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balance amount, if any be credited in the aforesid saving bank account of the complainant jointly with Anu Kapoor. But the opposite party did not pay any heed to this request of the complainant despite the fact that complainant also sent copy of FDR alongwith his application to the opposite party. Thereafter complainant served legal notice dated 23.11.2013 Ex.C-2 to the opposite party through registered post, copy of postal receipt is Ex.C-3 which was duly received by the opposite party and the opposite party submitted reply to this legal notice dated 28.12.2013 in which the opposite party submitted that an outstanding of Rs.39,661.47 paise was due against the complainant. But inspite of that the opposite party neither cancelled the FDR of the complainant nor adjusted the amount outstanding payable by the complainant against the aforesaid credit card facility,out of the proceeds of the FDR nor deposited the balance amount in the saving bank account of the complainant. In this letter dated 28.12.2013 the opposite party has admitted the receipt of the legal notice dated 23.11.2013 served by the complainant upon the opposite party. So the opposite party was bound to cancel the FDR of the complainant and adjust the outstanding amount payable by the complainant against the credit card facility and crediting the balance amount in the saving bank account of the complainant as on 28.12.2013. But the opposite party did not do so . Therefore the opposite party has no right to charge any interest or any other amount from the complainant further against the aforesaid credit card

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facility from 28.12.2013 onwards when the opposite party itself has received intimation from the complainant regarding closure of the credit card facility availed by the complainant.

9. Resultantly this complaint is disposed of with the directions to the opposite party to cancel/close the FDR of the complainant, copy of which is Ex.C-6 as on 28.12.2013 and adjust the outstanding amount of Rs. 39661.47 paise as was due payable by the complainant against the credit card facility as stated by the opposite party vide letter dated 28.12.2013 and credit the balance amount of the FDR in the aforesaid saving bank account of the complainant. Opposite party did not comply with the directions of the complainant despite issuance of letter dated 11.11.2013, legal notice dated 23.11.2013 and reply to notice dated 10.2.2014 through counsel. So the opposite party is also directed to pay compensation of Rs.5000/- and litigation expenses Rs. 2000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

10. Case could not be disposed of within the stipulated period due to heavy

pendency of the cases in this Forum.

10.3.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member