Haryana

Panchkula

CC/218/2017

AJMER SINGH - Complainant(s)

Versus

INDUSIND BANK - Opp.Party(s)

SUNIDH KASHYAB

11 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.        

                                                       

Consumer Complaint No	:	218 of 2017
Date of Institution	:	27.9.2017
Date of Decision	:	11.4.2018

 

Ajmer Singh S/o Sh. Dharampal, R/o Flat No.27, GH-1, MDC, Sector-5, Panchkula, Haryana.

                                                                           ….Complainant

 

Versus

1. IndusInd Bank, through its Manager/Sr. Manager/Branch Manager/ Managing Director/Director/President/Partner/Proprietor/Branch Manager, SCO No.28, Sector-11, Panchkula, Haryana.

 

2. IndusInd Bank, through its Managing Director/Director/President/Partner/Proprietor/Branch Manager authorized representative Rajiv, SCO No.321, Sector-9, Panchkula, Haryana.

                                                                            ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:              Mr.Dharam Pal, President.

Mr.Jagmohan Singh, Member.

 

For the Parties:   Ms. Sunidh Kashyap, Advocate for complainant. 

                        Mr. Paras Chug, Advocate for OPs.

ORDER

(Dharampal, President)

 

1.     This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by Ajmer Singh, complainant against IndusInd Bank and another, the opposite parties.

2.     It is stated in the complaint by the complainant that authorized representative of OPs-Sh. Rajiv visited the Panchkula Courts and allured the several persons to purchase the credit card of IndusInd Bank by paying an amount of Rs. 500/- for life time from that person in whose name the credit card was issued. On the averments of Sh. Rajiv, the complainant purchased a credit card No.4412857918503001. Thereafter, the complainant requested several times to the OPs as well as Sh. Rajiv to issue the pin number of the above said card. On the request of the complainant, he advised the complainant to contact the toll free No.8602677777. The complainant contacted the toll free number several times but nobody attended the same. In spite of repeated requests and visits the office of OPs, the complainant had not received the pin number of the card and was unable to operate the credit card. Thereafter, the complainant received a bill dated 8.4.2017, for the period from 9.3.2017 to 8.4.2017 in which total outstanding amount of Rs. 1019.72 had been shown and bill of Rs. 444.72 had been shown. The complainant was shocked that how the OPs were charging amount from the complainant without providing any facility to him and without operation of the credit card. The complainant went to the IndusInd Bank, SCO No.46, Pocket No.1 NAC, Manimajra, Chandigarh and deposited a cheque bearing No.929416, dated 18.5.2017 for an amount of Rs. 575/- of State Bank of Patiala for payment of the bill in the account of OPs, but till the filing of the complaint, the OPs did not encash the cheque without any reason. Thereafter, on 17.6.2017, the Complainant again visited IndusInd Bank, SCO No.95, Sector 47-D, Chandigarh, there he deposited a cash of Rs.675/-, to which the complainant received a slip by putting a stamp and signature of receiving the case. On 9.8.2017, the complainant received a SMS showing an outstanding amount of Rs.2695.91 against the complainant on account of credit card. The complainant made a complaint No.80285 dated 24.4.2017 online on toll free number regarding demand of money & requested the OPs to cancel the credit card issued to him and for refund of entire amount deposited by him, but to no avail. The complainant also issued a legal notice dated 14.8.2017, but to no avail. This act and conduct of the OPs amounts to deficiency service on their part. Hence, this complaint.

3.     Initially, OPs did not appear before this Forum and were proceeded ex-parte vide order dated 9.11.2017. The OPs filed a revision-petition No.127 of 2017 before the Hon’ble State Commission Haryana, in which the Hon’ble State Commission vide order dated 12.12.2017, has allowed the revision-petition filed by OPs and set aside the impugned order dated 9.11.2017. The OPs have filed the written statement with the contentions that the complaint is not maintainable; complainant has not come before this Forum with clean hands; the complainant has no cause of action to file the present complaint. It is submitted that the complainant gave the address of his office in KYC form filled at the time of applying for credit card. It is denied that any representative of OPs allured the complainant to purchase the credit card. The complainant was himself interested in having a credit card; accordingly he approached the OPs and applied for a credit card for him. The complainant choose the PLATE AURA 500 credit card, wherein the joining fees was Rs.500/-+service tax as per the terms and conditions. The one time joining fees charged or accrued could not be reversed or refunded. The complainant after going through the schedule of charges and understanding the same applied for the credit card and also signed the form. It is submitted that the credit card was delivered to the complainant at the court address, as provided by the complainant. However, a pin number, which separately owing to security and confidentiality, could not be delivered to the complainant as he could not be contacted at the given address. The APIN was sent to the complainant through professional courier vide Airway bill No.PNU750760538, which could not be delivered to the complainant and thereafter, finally APIN was sent to the complainant through Blue Dart Courier vide AWB#14669148163 on 9.11.2017. It is submitted that the complainant contacted the help line number of OPs on 24.4.2017 to register a complaint for non receipt of APIN as request was raised for a call back, however, the complainant was not contactable and accordingly, the request was closed.  The complainant did not pay the joining fees along with service tax as per schedule, resultantly late payment fee, interest and service tax was levied, so a bill of Rs.1019.72 was rightly raised by the OPs. It is submitted that on 8.3.2017, the first statement was generated with total due of Rs. 575/- (Rs.500/- towards joining fee along with applicable tax) with the due date for payment on 28.3.2017. But the complainant did not pay the same, as a result charges accrued from April, 2017 till October 2017 along with applicable tax levied and card moved to NPA status. The complainant did not issue any cheque in favour of the OPs. It is submitted that the complainant only once paid an amount of Rs.675/- cash in the month of June 2017, which was duly credited and adjusted in the complainant’s account. It is submitted that an amount of Rs. 2695.91 were outstanding against the complainant as he did not pay the one time joining fee as per schedule, upon which the late payment charges, interest and service tax was levied on monthly basis. Therefore, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OPs and as such, the complaint of the complainant is liable to be dismissed with costs. 

4.     The complainant placed on record his affidavit as Ex.C-A along with documents Annexure C-1 to C-14 and thereafter closed the evidence. On the other hand, the learned counsel for OPs has placed on record the affidavit as Annexure R-A along with documents Annexure R-1 to R-10 and has closed the evidence.

5.     We have heard learned counsel for both the parties and have gone through the record carefully.

6.     The complainant applied for availing the facility of a credit card for him from the OP Bank and filled in the form and chooses a PLAT AURA 500 credit card for which the joining fees was Rs. 500 plus service tax. The Complainant submitted the KYC form filled in at the time of applying the credit card (Annexure R-1). Admittedly, the said credit card was delivered on 9.2.2017 valid from 2/17 to 2/22, to the complainant at the address provided by the complainant. The complainant contacted the helpline number of the OP on 24.4.2017 to register the complaint for non-received of the APIN. The learned counsel for the OPs submitted that the credit card fee of Rs. 500/- along with service tax was not paid by the complainant along with application form. The APIN as per practice is sent separately owing to security and confidentiality could not be delivered to the complainant as he could not be contacted at the given address. The APIN was dispatched to the complainant on 10.2.2017 through professional courier vide Airway Bill No.PNU750760538, but the same could not be delivered as he could not be contacted at the given address. Finally, the APIN sent to the complainant through Blue Dart courier vide AWB#14669148163 on 9.11.2017. But the OP has not placed on file any such document to prove their assertion that they sand the APIN through the above said courier services. However, the OPs raised the following bill:-

Sr. No.	Date	Amount	Due Date
1.	8.3.2017	Rs. 575.00	28.3.2017 (Anx.R-2)
2.	8.4.2017	Rs. 444.72	28.4.2017 (Anx.R-3)
3.	8.5.2017	Rs. 682.41	28.5.2017 (Anx.R-4)
4.	8.6.2017	Rs. 715.36	28.6.2017 (Anx.R-5)
5.	8.7.2017	Rs. 207.92	28.7.2017 (Anx.R-6)
6.	8.8.2017	Rs. 745.50	Immediate (Anx.R-7)
7.	8.9.2017	Rs. 779.87	Immediate (Anx.R-8)
8.	8.10.2017	Rs. 809.81	Immediate (Anx.R-9)
9.	8.11.2017	Rs. 4701.81	28.11.2017 (Anx.R-10)

 It is also admitted that the complainant paid Rs. 675/- in the month of June, 2017. Resultantly, late payment fee, interest and service tax was levied, as a result a bill of Rs. 3475.78 was rightly raised against the complainant.

7.     From the above, it is clear that APIN was not supplied to the complainant by the OPs and he was unable to use the same due to non-supply of APIN. The OP has also not placed on file any documentary evidence that they sent PIN number to the complainant through courier. However, without supplying the APIN to the complainant, they are raising the bills to the complainant, which amount to deficiency in service on the part of the OPs.

8.     In view of the above, the OPs are directed:-

1. To refund an amount of Rs. 675 to the complainant deposited by him with the OPs on 17.6.2017.
2. To pay Rs.5000/- to the complainant towards compensation for mental agony, physical harassment.
3. To pay Rs.2000/- to the complainant towards cost of litigation.

9.     This order shall be complied with by the OPs jointly and severely within a period of 30 days from the date of receipt of certified copy of the order. A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

Announced

11.04.2018                 JAGMOHAN SINGH                  DHARAM PAL

                                        MEMBER                              PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                       

                                                DHARAM PAL 

                                                PRESIDENT