ORDER                     

Mohd. Anwar Alam, President

1. Complainant has filed this complaint on 4.6.2007 and alleged that he was using Credit Card facility with the OP and using credit card no. 5176370136376005 and paying its dues regularly and timely.  The complainant had withdrawn Rs. 3,000/- on 17.8.2004 thereafter on 21-09-2014 Rs. 10,000/- was sanctioned to the complainant by way of loan on his credit card.Against these above amounts he had paid a sum of Rs. 20,225 from October 2004 to March 2006 hence he had paid Rs. 5950/- over and above by way of extra payment to the OP. Complainant vide letter dated 5.12.2005 requested OP to issue full and final bill and NOC.  OP issued a bill of Rs. 23,953/- without giving breakup of the said amount.  Thereafter, OP has issued two legal notices dated 20.9.2006and 22.11.2006 demanding a sum of Rs. 19,600/- and Rs 23,953/- respectively.  The complainant has deposited Rs. 18,000/- on 17.5.2007 and OP debited Rs. 10,000/- and also freezed a balance of Rs.4,552/- which was lying  in the account of the complainant without his authorization and thereby caused deficiency in service on its part. Therefore, it is prayed that OP be directed to remove the deficiency in service and refund the amount of  Rs 16,588/-.    Complainant by a separate application amended the prayer and further prayed that OP be directed to  issue a correct statement and NOC to the complainant and unfreeze the savings account of the complainant.

2.In reply OP admitted that at the request of thecomplainant credit card was issued to him as per terms and conditions governing theusage of the card.  The complainant was irregular in making the payment due to the complainant.  OP has a statutory right of lien over the account of his customer and   there is no deficiency on the part of OP  and complaint filed against it be dismissed.

3.Complainant filed rejoinder and explained that details of the outstanding amount was not given to the complainant and objected the reply. In support of complaintcomplainant filed his own affidavit  along with documents    Ex-C1   to Ex-C7.   In support of reply OP filed affidavit of Sh. Sanjay Sharma , Senior Officer (Legal).   Both the parties filed their written arguments.

4.  We have heard the arguments and considered the evidence led by the parties and their written and oral arguments.  In this case points to be considered are as under:-

(a) Whether complainant is a consumer?

 (b) Whether there is any deficiency in service on the part of the OP ?

( c) Relief?

5.As OP has admitted that alleged credit card was issued to thecomplainant, therefore, admittedly complainant is a “consumer”.

6. The complainant in his affidavit deposed that he has requested OP to rectify the bills but he did not demand the statement of account from OP.The Statement of Account submitted by the complainant is not up to date showing entries of the complainant’s account. Infact, this statement is incomplete and in absence of the up to date currentStatement of Account maintained by the OP pertaining to the complainant it is very much difficult to decide the deficiency on the part of OP.

7. It is well settled that OP has a lien over its customer account with respect to the unpaid outstanding dues payable by the complainant. Usage of the credit card is subject to the terms and conditions governing the usage of the card. 

8. Looking to the above facts and circumstances and in absence of the up to date statement of Account pertaining to the dues payable by the complainant to the OP, deficiency in service on the part of the OP is not proved. Hence, complaint is dismissed. Both the parties will bear their own cost.

9.Copy of the order be made available to the parties free of cost as per law.  File be consigned to record room. 

Announced on this ……………..

        (ManjuBala Sharma)              (VikramKr  Dabas)                    (M. A. Alam)                           MEMBER                             MEMBER                         PRESIDENT