| Final Order / Judgement | 27.01.2023 CC/135/22 Present: Complainant along with Sh. Dushyant Tiwari, LAC. - The present complaint was fixed for oral arguments on admission. We have heard the Complainant several times since the institution of this compliant on 21.04.2022. The Ld. Counsel and the complainant had sought several opportunities to file relevant documents however have been unable to place any cogent proof to prove the claim as given in the instant complaint. Today, the Ld. Counsel Sh. Dushyant Tiwari, LAC states that he does not wish to continue to represent the complaint as he continues to doubt intentions of his counsel. We however leave it to the complainant to decide if he wishes to be represented by the Legal Aid or change his counsel.
- Briefly stated, the complainant has filed the present complaint alleging Deficiency-In-Service on part of the proposed OP. He states in his complaint that he was offered credit card services by the authorized representatives of the OP and promised very low interest charges. The complainant took the offered credit card and used the card as per his statement in his complaint. He alleges that the OP deducted the charges from his account without his permission or consent when the complainant raised this issued with the officials of the OP Bank, he was assured verbally but the OP still kept deducting the amount from his zero balance account. He further states that his account went in negative on 09.12.2021 When the OP deducted the amount of Rs.3260/- without his permission. He was therefore unable to pay rent or withdraw any amount when he tried to withdraw money from his account with the OP Bank on 12.12.2021.
- The complainant approached the Bank and asked them for waiver of his accrued amount or relief due to his economic condition to no avail. He stated that the was charged Rs.21,633/- towards which he is paying EMI’s every month.
- He alleges Unfair Trade Practice on part of the OP Bank for denying his claim and adding unreasonable clauses in their agreement to take leveraged from their consumers and unfairly charging the complainant extra amount on one occasion or another.
- The complainant prays for directions to the OP to provide details of remaining amount of EMI to be paid and the waiver of extra amount of Rs.21,633/- along with compensation and damages amounting to Rs.1,00,000/-.
- Along with his complaint, he has annexed the whatsapp chat screenshot which is towards the Rs.3,260/-towards the outstanding dues to the OP Bank. Later on he filed letters dated 07.04.2022 to SHO Uttam Nagar wherein he has written that his address has changed and he was promised that no interest or any charge would be taken and he would be able to pay the same bank in carry installments asking the Police to taken strict action. The complainant has also filed the demand notice dated 12.04.2022 sent by the OP Bank regarding the outstanding dues of Rs.60,750/- wherein the OP has clarified that the Complainant was sanctioned the card facility after he agreed to the terms and conditions supplied which the credit card in the form of a booklet governing the usage and thereby agreed to pay the amount utilized on the said credit card.
Further in point 3, the OP has clarified as below: If the Card member makes a payment for the minimum amount due or makes any part payment less than the total amount due or minimum amount due, then appropriate interest charges shall be levied on the balance outstanding amount, as well as any fresh transactions/charges that they may have incurred subsequently. You are requested to refer to the monthly statements of the account duly received by you, which clearly indicates that you were always irregular in making payments of the total outstanding dues, which resulted in levy of appropriate charges and interest on the unpaid outstanding dues. On March 29, 2022, the amount of Rs.60,750/- was outstanding on the complainant. - On 17.04.2022, the complainant issued another letter to the SHO Uttam Nagar reiterating that he was asked to pay the amount due on him. He also wrote a letter to customer care of OP BANK dated 18.04.2022 telling them regarding the phone being stolen. However there is not receiving on this letter. Similarly, he has continuously written several letters to OP Bank at Vikas Puri and Police Station Vikas Puri reiterating his demands and grievances along with e-mails.
- Having gone through the documents placed on record by the complainant including mails and screenshots of whatsapp messages without filing 65-B certificate, we find that the complainant had taken a credit card offered by the OP after doing due diligence and accepting the terms and conditions of said credit card offered by the Bank, on the credit card he made purchases and made part payments. He, therefore, accrued the amount of Rs.68435.13/- by 4th July, 2022 as per the copy of e-mail sent by the OP dated 04.07.2022 annexed by the complainant with the complaint. He was to pay this amount to the Bank which was in his knowledge. Keeping in view the complainant financial status and exceptional circumstances and his request to the Bank offered the complainant a onetime settlement @Rs.32,260/- which he was asked to pay towards his credit card. Accordingly by 08.07.2022 after which the offer would be rescinded. After receiving the settlement offer from the Bank the complainant wrote a complaint to SHO Vikas Puri on 11.07.2022. Stating that he wanted to reply to the e-mail dated 04.07.2022 by the Bank was not willing to accept his reply due to which he called the police.
He thereafter continued to ask the OP Bank to reduce the amount payable. - We, therefore, do not feel that the complainant is maintainable as the complainant has failed to prove the deficiency on part of the OP and hence we dismiss the present complaint without cost.
Copy of the order be given as dasti. File be consigned to record room thereafter. | |
