Date of Filing:17.01.2008<br /> Date of Order:21.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 21ST DAY OF MAY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 167 OF 2008 <br /> <br /> <br /> Syed Sadiq Pasha,<br /> Customer Manager,<br /> AVIVA Global Services,<br /> Plot # 8A, RMZ Centennial,<br /> Kundanahalli Main Road,<br /> Whitefield, <br /> Bangalore-560048. Complainant<br /> <br /> V/S<br /> HDFC Credit Card Collection Department,<br /> Golden Towers, <br /> Next to Golden Enclave, <br /> Kodihalli, Airport Road, <br /> Bangalore-560017. Respondent<br /> <br /> <br /> ORDER<br /> By the Member Sri. Balakrishna V. Masali<br /> <br /> The facts of the case are that, the complainant is an HDFC Credit Card holder since 2005. When he called HDFC Credit Card Customer Care to update his new residential address in order to receive his credit card statement, to his surprise asked to update his new mobile phone number after which the new address would be updated. In spite of not receiving even one credit card statement, he kept paying his credit card dues every month unaware of what his outstanding amount was and not sure of what he was charged for. In the month of October-2007 he called the HDFC customer care to check what his outstanding balance was, he was told it is Rs.28,000/-. He requested the opposite party to give him a brief break up of the sum which he was refused. This had upset him and he told the executive that he need to tell to one of the line managers until which he will not make any payments. After almost two months on 18th December-2007 some executive called his old mobile and once he knew his father was on line he has complained “your son has taken money from us and is not giving back”. His father did not know what was happening and was in a shock. On 19th December-2007 he received a call, the person on line said “I am Mahendra calling from HDFC Credit Card Collections Department. He asked about the outstanding, they told it is Rs.31,000/-. He questioned about it, Mr. Mahendra replied “you calculate now, you have spent the money”. He ignored this response of him and he briefly told him what had happened previously and why he has not been paying the dues. He warned him not to call again and disconnected the phone. Mahendra called him again and said “Aey if you can’t pay why do you people take credit cards man? Is this what your parents have taught you? His father was shocked and not knowing what has happened apologized to Mahendra and assured that he will have a word with him once he return home. Once his father disconnected the call, he was angry at Mahendra who started using profanities and he disconnected the phone. On 26th December-2007 one lady by name Kalpana called who said “ I am manager, I believe you had an issue to make your credit card payment”. He had to repeat all what happened, while doing so I also realized that Kalpana was not bothered about the inconvenience caused to him but was more worried about my outstanding dues. After 10 minutes Kalpana called and said I have taken the necessary action, now tell him when you will pay. The complainant said excuse, need to know what action you have taken because this has caused serious inconvenience to him. On 31st December-2007 again Mahendra called him at 15:45 started abusing him “Aey you bugger when you will make payment man? Mahendra placed him on hold and tried calling his father but unable to reach him. He kept his cool and said he will make the payment by tomorrow. Mahendra continued “Aey I don’t want your payment tomorrow man, I want it today” he also said “ I have seen many customers like you, your trying to record this conversation and threaten me?. Hence, the complainant praying to take action for the inconvenience and claiming compensation of Rs. 75,000/-. <br /> 2. Notice was issued to opposite party by RPAD. Opposite party put in appearance through Advocate and filed version stating that, the complainant had availed a Credit-Card facility from the opposite party, which is bearing card No.4346-7710-0828-9663, which is having credit limit of Rs.25,000/-. The entire allegations made at 3rd paragraph of the complainant i.e., on October-2007, 19th December-2007, 26th December-2007, 27th December-2007,, 30th December-2007 and 31st December-2007 are totally false and frivolous and just they have connected for the purpose to harass the opposite party and just to enrich himself unlawfully at the cost of the opposite party, hence, the same has been hereby denied by this opposite party. The complainant might have received calls from the opposite party Bank, but those calls have made to remind the complainant to make the payment, which has been utilized by him by the said credit card facility and not for any other purpose. In view of all these reasons the opposite party prayed to dismiss the complaint. <br /> 3. Affidavit evidence of both the parties filed. Perused the affidavit and documents. Arguments heard. <br /> <br /> 4. The point for consideration is:-<br /> 1. Whether there was any deficiency on the part of <br /> the opposite party?<br /> 2. Whether the complainant is entitled to any <br /> relief?<br /> <br /> 5. Our findings to the above points are in the affirmative for the following:-<br /> <br /> REASONS<br /> <br /> 6. It is true that, the complainant had availed a Credit-Card facility from the opposite party, which is bearing Card No. 4346-7710-0828-9663, which is having credit limit of Rs.25,000/-. The monthly statements of the complainant’s credit card facility from 11/09/2005 to 11/02/2008, which clearly shows that at no point of time the complainant had made clear payment. Of course the complainant had made some payment towards the outstanding, but he has not made the payment of entire balance. As per the statement dated 11/01/2006 though there was a balance of Rs. 24,918.36 the complainant had not made any payment in that month. As per the statement dated 11/07/2007 though there was a balance of Rs.20,952.95 the complainant had made any payment in that month. As per the statement dated 11/01/2007 though there was a balance sum of Rs.31,131.33 no payment has made by the complainant and also as per the statement dated 11/092/2008 also there was balance of Rs.34,296.17 the complainant has not made any payment towards the outstanding balance amount. It is not true that the opposite party has sent monthly statement of the said credit card to the address of the complainant. The complainant might have received calls from the opposite party Bank, but those calls have made only to remind the complainant to make the payment, which has been utilized by him by the said Credit Card facility an not for any other purpose. The complainant is ready to pay the legal and admissible dues to the Bank. Therefore, the Bank shall release the salary forthwith, otherwise the complainant will be put to hardship. If it is possible the opposite party shall waive the interest. In the result, we proceed to pass the following:-<br /> ORDER<br /> <br /> 7. The complaint is partly allowed. The complainant is directed to pay the amount shown in the present statement and the opposite party is directed not to block the complainant salary. The complainant is entitled to Rs.2,000/- towards costs of the present proceedings. <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 9. Pronounced in the Open Forum on this 21ST DAY OF MAY 2008.<br /> <br /> Order accordingly,<br /> <br /> MEMBER <br /> We concur the above findings. <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br />