ORDER                                    Dated:  27-01-2017

Mohd. Anwar Alam, President

1. The complainant has filed this complaint on 11-12-2015 and alleged that  OPs issued a credit card no. 517653362304006 in his favour and he started using the credit card as per the instructions and directions supplied by them. He further alleged that OPs raised unnecessary dues by way of credit card bills against him.  The complainant received a bill of Rs. 21,890.77 p from the OPs in October 2014 and made the payment for the said bill.  Complainant again received a bill in the month of November 2014 which reflects the late payment charges as well as the interest charges with service tax on the complainant. On 30.11.2014 complainant send the request for waiver of illegal and unnecessary interest  and late payment charges on to the complainant but all was in vein. Hence there is deficiency in service on the part of OPs and complainant suffered loss.  Therefore complainant prayed to direct OPs to waive off unnecessary interest on the bill and  to pay a sum of Rs. 3,00,000/- as compensation for pain and agony. Complainant further prayed to direct OPs to issue one credit card in his favour and to delete the name of the complainant from the list of CIBIL.
2. In reply, OPs admitted that a credit card bearing no. 517653362304006 was issued to the complainant. OPs  submitted that  a demand  legal notice dated 08.08.2015 was sent  to the complainant asking him to pay the outstanding balance of Rs. 28,330/- and despite the admitted receipt of the said legal notice the complainant has neither paid the outstanding amount nor has sent any reply to the said legal notice. OPs denied rest of the allegations made in the complaint and prayed to dismiss the complaint.
3. The complainant has filed rejoinder to the written statement and denied the objections made by the OPs and supported his complaint.
4. In support of his complaint complainant filed his own affidavit along with documents i.e. credit card statement from October 2014 to May 2015 (Ex. C-1) (colly), payment receipt (Ex. C-2) , copy of e-mails (Ex. C-3) (colly) and  legal notice (Ex. C-4).
5.  In support of reply OPs filed affidavit of Akriti Mishra its authorized representative.
6. Both the parties filed their written arguments.
7. 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:-

1. Whether complainant is a consumer?

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

      (c) Relief.

8.    In reply OPs admitted that a credit card was issued to the complainant hence complainant is a consumer.

9.  The complainant alleged that he has dropped a cheque no. 696180 of Rs. 21,890/- drawn on OBC Bank Subzi Mandi, Delhi to the nearest branch of ICICI bank Jyoti Nagar Branch before 10 days of the due date but complainant failed to produce any receipt regarding drop of the above cheque.  While it is evident from the bill of the OPs dated 24.11.2014 (Ex. C-1) that on 17.11.2014 cheque payment received by OPs through cheque no. 696180 for an amount of Rs. 21,890/- hence the late payment fee , service tax , interest charges  are payable by the complainant to the OPs. In this case, CIBIL is not a party in this complaint hence prayer of the complainant to delete the name of the complainant from the CIBIL is not maintainable.

10. Looking to these facts and circumstances we are of the considered opinion that there is no deficiency in service on the part of OPs accordingly complaint is dismissed.

11. Both the parties will bear their own cost.

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

Announced on this _______________