It is stated that the complainant further, as per instructions of the OP No.2 called the number provided, and informed the representative about his original email id but till date, the complainant has not received any statement, bill or details of any transactions pertaining to the aforesaid amount of Rs.13,769/-, for which the complainant has been directed to make the payment either vide his email ID or his portal addresses. It is submitted that the complainant requested OPs No.1 & 2 through their representatives that since the credit card in question was never used by the complainant, so, the question of paying any amount did not arise and further requested the OP to withdraw the said bill and even requested them to deactivate his account and credit cards as he was not interested in banking with them because of their malpractice. The representatives of OPs No.1 & 2 never agreed to the legal requests of the complainant & further kept sending reminders of the alleged outstanding payment without providing any details etc. It is submitted that in the month of December 2019, the complainant tried to retrieve the statements through his online banking portal and found out that the Ops No.1 & 2 i.e. the bank has charged Rs.5,000/- as a card joining fee along with Rs.900/- in lieu of GST in the month of December 2018 and in the subsequent months, levied the late payment fee, interest charges and GST etc. totaling it up to Rs.13,769/- up to December 2019. It is stated that all the bills were paid off by the complainant for his old credit card bearing no.4412854321797007 till 03.11.2018 and the outstanding amount on the date was(-3.57). The complainant had not used either of the credit cards till date after the date mentioned above i.e. 03.11.2018. It is submitted that the bills raised by the Ops No.1 & 2 after 03.11.2018 are illegal and void. The complainant has never applied for the said new Platinum Master Card, for which, the Ops No.1 & 2 has levied joining fee and because of the alleged non-payment of the said fee, they have illegally swelled up the amount up to Rs.13,769/-, which is totally unreasonable. It is averred that the Cibil score has been spoiled by the invalid and illegal act on the part of the Ops No.1 & 2. Due to act and conduct of the OPs, the complainant has suffered mental agony, physical harassment and financial loss; hence, the present complaint.
2.Upon notice, the OPs No.1 & 2 appeared through counsel and filed written statement by raising preliminary objection that no cause of action has accrued in favour of the complainant; the consumer Commission, Panchkula lacks territorial Jurisdiction to entertain and try the present complaint; it is submitted that the Ops No.1 & 2 have already reversed and waived off the joining fee and late payment charges as levied against the upgraded credit card as an exceptional case and thus, now, nothing is due and outstanding against the complainant in respect of upgraded credit card in question and thus, no cause of action survives in favour of the complainant. On merits, it is submitted that, in the month of November 2018, an upgraded credit card was issued to the complainant, as he had expressed his inclination towards the same during routine promotional calls. The upgraded credit card issued to the complainant was received by him without any objection whatsoever, along with complete package, containing, inter alia, terms and conditions governing the credit card facility, in the month of November 2018, which were duly accepted and retained by him. It is submitted that the complainant was already having a credit card of OP Bank, as such, there was no requirement for getting any fresh application for issuance of upgraded credit card, more particularly when he had expressed his inclination towards the same during promotional call made to him. It is submitted that had the complainant not willing or inclined to have an upgraded credit card, he could have immediately returned the upgraded credit card to OP Bank and would not have retained the same with him. It is submitted that there was no requirement of getting of any fresh application from the complainant for issuance of the upgraded credit card as he had expressed his inclination towards the same during promotional call made to him. It is submitted that the complainant could have immediately returned the upgraded credit card to OPs, if he was not willing to avail the facility attached with the said appended credit card. It is denied that the complainant was assured about the non charging of any joining fee and other charges qua the upgraded credit card. The message/SMS were regularly sent on the registered mobile number of the complainant and if the complainant had any objection, he could have represented the OP (Bank). The complainant has himself placed on record the statement details of upgraded credit card, which shows that the joining fee of Rs.5,000/- was levied on 20.11.2018 along with GST charges of Rs.900/- on 03.12.2018, as such, now nothing lies in the mouth of the complainant to claim otherwise, more particularly when no objection whatsoever was raised by him either at the time of receiving the package containing upgraded credit card nor any objection was raised at the time of levying of joining fee/GST in the year 2018. Thus, there is no deficiency in service on the part of the OPs No.1 & 2; hence, the complaint deserves dismissal of the present complaint.
Notice was issued to the OP No.3 through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP No.3; hence, it was deemed to be served and thus, due to non appearance of OP No.3, it was proceeded ex-parte by this Commission vide its order dated 20.02.2020.
3.To prove the case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-5 in evidence and closed the evidence by making a separate statement. On the other hand, the ld. counsel for the OPs No.1 & 2 has tendered affidavit Annexure R1/A along with documents Annexure R1/1 to R1/3 and closed the evidence.
4.We have heard the complainant as well as the learned counsel for the OPs No.1 & 2 and gone through the entire record including the written arguments filed by the learned counsel for the OPs No.1 & 2, carefully and minutely.
5.The only grievance of the complainant is that he was issued the credit card(master) bearing no.5244802125382006 by OPs No.1 & 2 without his request or wishes as he had never applied for the same, by submitting any application with OPs No.1 & 2. As per complainant, the officials of OPs No.1 & 2 had assured him when he contacted them, after the receipt of the said credit card, that no joining fee and other charges would be levied qua the issuance of the said credit card but the Ops No.1 & 2, contrary to the said assurances, had raised the demand amounting to Rs.13,769/- vide text message on 04.12.2019 and thus, prayer has been made for withdrawal of the said bill by directing the OP No.3 to make necessary corrections in his Cibil score.
6.On the other hand, the learned counsel for Ops no.1 & 2 at the very outset has submitted that the demand raised by the OPs has already been waived off. The learned counsel has also submitted that the validity of upgraded credit card, which was issued to the complainant as per his desires, has already expired and thus, no cause of action survives at this stage.
7.On merits, the learned counsel reiterated the averments as made in the written statement as also in the affidavit(Annexure R1/A) and contended that the complainant was already user of credit card i.e. Indusind Platinum Aura(visa) bearing no.4412854321797007 and the up-graded credit card bearing no.5244802125382006 was issued to him as per his desires and wishes. In this regard, the learned counsel invited our attention towards the Transcript of the Call Recording dated 03.10.2018 (Annexure R-1/3), wherein the complainant had answered in ‘Yes’ in response to the request made by the official of OPs No.1 & 2 qua issuance of upgraded credit card. The learned counsel argued that the complainant was at liberty to return the upgraded credit card to the Ops after the receipt of the same but he preferred to retain the same with him and thus, the complaint is liable to be dismissed being frivolous, baseless and meritless.
8.Admittedly, no formal application was ever made by the complainant seeking the issuance of upgraded credit card to him. The complainant, undisputedly, had never applied online or offline with OPs No.1 & 2 for the issuance of the upgraded credit card. As per version of OPs No.1 & 2, the upgraded credit card was issued to the complainant during the routine promotional call to him. As per well settled legal propositions, no credit card or debit card involving financial burden thereto on the consumer can be unilaterally issued to a consumer; thus, the Ops No.1 & 2, in order to promote their business, have been found to have unilaterally issued the up graded credit card in question to the complainant levying the joining fee and other charges. Thus, the act on the part of the OPs No.1 & 2 tantamounts to indulgence into unfair trade practice on their part, for which, they are liable, jointly and severally, to compensate the complainant.
9.In relief, the complainant has prayed for withdrawal of the bill amounting to Rs.13,769/-, which has already been withdrawn by OP No.1 & 2. The complainant has also prayed for making necessary corrections in his Cibil score. He has further claimed compensation of Rs.5,00,000/- and Rs.25,000/- on account of mental agony, harassment and litigation charges respectively.
10.As a sequel to above discussion, we partly allow the present complaint with the following directions to the OPs No.1 & 2 to withdraw the bill amounting to Rs. 13,769/- and thereafter, intimate the OP No.3 that there was no outstanding dues qua the credit card in question and the OP No.3 is directed to make necessary corrections in the CIBIL Score/ record of the complainant, accordingly. The Ops No.1 & 2 is directed to pay a lump-sum compensation of Rs.5,000/- on account of mental agony, harassment and litigation charges.
11The OPs No.1 to 3 shall comply with the order within a period of 45 days from the date of communication of copy of this order failing which the complainant shall also be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, 2019 against the OPs No.1 to 3. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.
Announced on: 19.01.2024
Dr. Barhm Parkash Yadav Dr.Sushma Garg Satpal
Member Member President
Note: Each and every page of this order has been duly signed by me.
Satpal
President
