Sri. G.V.Balasubramanya,<br /> Member,<br /> <br /> 1. The story of the complainant begins in the year 2004 when she dropped her credit card into the cheque box maintained by the 2nd O.P. It appears the complainant wanted the PIN number to operate her renewed credit card and a staff at the O.P. Bank advised her to put the credit card into the cheque box to get the PIN number! Later, the complainant realized that an amount of Rs.350/- had been unauthorisedly drawn on 16-9-2004 using her credit card and again Rs.4590 had been drawn on 13-9-2004. Then ensued a long correspondence between the complainant and the O.P.s and ultimately when the complainant was on the verge of filing a complaint, the O.P.s refunded the amounts. Even as complainant was corresponding, the O.P.s were charging interest on the two amounts and the amount of interest was mounting. The total amount had mounted to Rs.5554.78. Hence, in order to avoid further interest she has paid up the amount under protest. Anyway, this complaint is not about the misuse of credit card. But it is about an outstanding amount under the credit card claimed by the O.P.s. It is the complainant’s allegation that after the O.P.s refunded the amount misused under the credit card in November / December, 2005, they sent a statement dated 10-12-05 showing that the complainant owes the bank Rs.962.39. This claim according to the complainant is illegal. It is her contention that the O.P. charged interest on the amounts illegally withdrawn using her credit card. Though the O.P.s finally refunded the two amounts they have sent a statement claiming Rs.962.39. As relief, she has claimed interest on Rs.5556.78, quashing of the claim of Rs.962.39 and compensation of Rs.4000/-.<br /> 2. The O.P.s have not come before the Forum despite receiving the notices. <br /> 3. The following points arise for our consideration (a) Whether the complainant proves that the claim of Rs.962.39 made by the O.P.s amounts to deficiency in service? (b) Whether the complainant is entitled to other relief claimed by her? (c) What relief or order?<br /> 4. The above points are answered as under:-<br /> Point 3(a) : In the negative.<br /> Point 3(b) : Partly in the affirmative.<br /> Point 3(c) : As per final order.<br /> REASONS<br /> 5. Point 3(a) and 3b):- A perusal of statement dated 10-12-05 sent by O.P.s reveals that the O.P.s refunded only the two amounts illegally withdrawn from her account. Hence, she is entitled to get back Rs.616.78 (Rs.350 + Rs.4590 being the amounts illegally withdrawn from her account minus Rs.5556.78 which amount she paid under protest to avoid mounting interest). In fact, the O.P.s should have graciously refunded entire Rs.5556.78. When they realised that the amounts were illegally withdrawn, it was incumbent upon them to refund the interest collected on such amounts. <br /> 6. Coming to the claim of Rs.962.39 made by the O.P.s in their statement dated 10-12-05. It the result of an error in the preparation of the statement and of course misconception on the part of the complainant. A slight patience on the part of the complainant to verify the claim with the O.P. or the courtesy and care on the part of the O.P. would have solved the problem. The outstanding as per statement dated 10-11-2005 has been shown as Rs.7,359.61. A perusal of the statement reveals that there was no previous balance, no purchases and no cash advances for that period. Entire Rs.7359.61 was a credit amount. As per the formula shown in the statement, it is previous balance + purchases and other charges + cash advances – payment and other credits. When Rs.7359.61 has been shown as payments and other credits, it can not become “amount due”. If this amount had to be shown under the coloumn “Amount due” it should carry a “-“ (minus) sign. This error which crept into the November bill was carried forward to the next bill. In the month of December 2005 she has made purchases worth Rs.13,262. The O.P. has credited the two amounts illegally withdrawn using complainant’s credit card totaling to Rs.4940.00. The credit amount of Nov.2005 which was erroneously shown as “amount due” has been taken as “previous balance” for the month of December 2005. In fact the amount under the column “payments and other credits” should have been showing Rs.12299.61. If this amount is subtracted from the total purchases made by the complainant (Rs.13,262/-) then the outstanding balance is 962.39.. Hence, there is no error so far as the claim is concerned. But, there certainly is an error in the manner in which the statements have been prepared. The complainant is liable to pay this amount. Therefore, we answer point no.3(a) in the negative and 3(b) partly in the affirmative.<br /> 7. The complainant is not only entitled to the amount of interest collected on the illegal withdrawals but also to some compensation. Though the illegal withdrawals were made during September 2004 it took 1 year and 3 months for them to refund the amount. Besides, they have not refunded the interest they charged on the illegal withdrawals which should have been refunded along with the refund of illegally withdrawn amounts. With these observations we proceed to pass the following order:-<br /> <br /> ORDER<br /> <br /> 1. Complaint is partly allowed.<br /> <br /> 2. The O.P.s are directed to refund the complainant Rs.616.78 being the interest collected by them on the illegally withdrawn amounts.<br /> <br /> 3. The O.P.s are, also, directed to pay the complainant compensation of Rs.2000.<br /> <br /> <br /> 4. If the O.P.s fail to comply with the order at (2) and (3) Supra, the amounts mentioned there under shall carry interest at 10% p.a. thereafter until the date of payment.<br /> <br /> 5. O.P.s have to pay the complainant cost of Rs.500/-.<br /> <br /> 6. Give a copy of this order to both parties according to Rules.<br /> <br /> <br />