BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 270 of 2019                                                                      

                                                        Date of Institution         :    21.05.2019.

                                                          Date of Decision   :    22.01.2020.

Mukesh Phatela (aged about 30 years) son of Sh. Ronak Ram Phatela, resident of House No. 229 C-Block, Sirsa.

                      ……Complainant.

                             Versus.

1. IndusInd/ Indusind Bank Ltd., Near H.P. Gas Agency, Addl. Mandi, Janta Bhawan Road, Sirsa through its Sr. Manager/ Branch Manager.

2. IndusInd/ Indusind Bank Ltd. Credit Card Division, Chakalamidc Andheri East Mumbai- 400093.

...…Opposite parties.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH. R.L.AHUJA…………………………PRESIDENT                                       

               SMT. SUKHDEEP KAUR………..…… MEMBER.                      

                   SH. SUNIL MOHAN TRIKHA…………MEMBER

Present:       Sh. Ravinder Monga, Advocate for complainant.

                   Sh. M.S. Sethi, Advocate for opposite parties.

ORDER

                   The case of complainant, in brief, is that complainant is an account holder of IndusInd/ Indusind Bank, Main Branch Janta Bhawan Road, Sirsa. The complainant is also having a FDR of Rs. ten lacs with the bank. In the month of May, 2018, the Manager of the Bank informed to the complainant for promoting the credit card facilities as the op bank has launched a scheme for their credit card valuable customers. The Manager of the bank persistently requested the complainant to become a credit card holder of their bank and further informed that their bank is giving voucher of Rs.50,000/- alongwith cash back incentives. The concerned Manager further informed that as per the scheme launched by the Govt., the bank is also promoting their customers for online purchasing and day to day transaction and he was further informed that he can avail benefit of cash back facility upon depositing every kind of ills like mobile, telephone, electricity and shopping etc. It is further averred that upon persisting requests, the complainant purchased credit card No.5376521041423005 of op bank with the attached benefits pertaining to Rs.50,000/- vouchers as well as cash back scheme. The complainant purchased the credit card against his own FDR of Rs. ten lacs already with the bank. That the ops as per their commitments, assurances provide coupons for staying in Hotel to the complainant. The complainant as per need and demand started to use the credit card with the massive understanding that he will receive back 1% cash back amount on deposit of bill of electricity. That on every occasion upon receiving the electricity bill, the complainant started to pay same through credit card. It is further averred that suddenly in the month of September, 2018, the ops debited Rs.50,000/- on 4.8.2018, Rs. one lac on 3.9.2018 and GST charges of Rs.27000/- on 3.9.2018. In this manner, the ops showed an outstanding amount of Rs.1.77 lakh against the complainant. The complainant upon coming to know about the conspiracy, deficiency, negligence and unfair trade practice on the part of ops, immediately contacted with op no.1 and inquired about the reason of alleged outstanding amount, which was neither required nor demanded by complainant and said amount was shown to be debited in the account of complainant without his consent. It is further averred that complainant approached to op no.1 for a number of times and requested him to withdraw the alleged outstanding amount of Rs.1,77,000/-. The op no.1 assured and promised that the complainant is one of the valuable and prudent customer of the bank and further assured and promised that he had sent E-mails to the credit card division with a request to withdraw/ delete the alleged debited amount of Rs.1,77,000/- from the account of complainant. It is further averred that complainant after waiting for stipulated period again contact with op no.1 and inquired about the status of his issue and op no.1 reiterated his version that he is regularly contact with the credit card division at Mumbai i.e. op no.2 which has assured to resolve the dispute and further assured to withdraw the entry of Rs.1,77,000/- inadvertently/ wrongly debited from the account of complainant. The complainant was shocked to hear the repeated calls which created regular tension, harassment and mental agony to him. The Incharge of customer care division informed to complainant either to pay the amount otherwise they will credit the same from the FDR amount already with the bank upon which complainant asked to take legal action against them. The concerned customer care Incharge sought some time for the settlement and after detail discussion on the mobile, they have credited an amount of Rs.50,000/- in the account of complainant, whereas an amount of Rs. one lac alongwith GST and other penalty charged remained shown to be an outstanding amount against the complainant. It is further averred that complainant remained in contact with the ops, their representative, customer care Incharge but to no effect and ultimately by showing adamant attitude and unfair trade practice, the ops issued an impugned letter reference No. SC/2019/April/94 dated 13.4.2019 to the complainant, wherein it has been informed that an amount of Rs.1,67,539.52 was due against complainant and further the bank will cancel the credit card and recover the alleged amount of Rs.1,67,539.52 from the liquidation of fixed deposit. It is further averred that ops further informed that if there is outstanding payable on his credit card account, he would be liable to make the payment towards the same alongwith applicable charges. The ops have taken a harsh decision without affording an opportunity of hearing to the complainant and illegally and unlawfully burdened the amount which has never been used by complainant. Even personal balance of Rs.13,000/- approximately was also deducted without consent from the account of complainant. It is further averred that complainant approached to the ops and made a request to overhaul his account after returning the alleged amount and to hand over the FDRs of Rs. ten lacs to him alongwith upto date interest but to no effect. Hence, this complaint.

2.                On notice, opposite parties appeared and filed written statement taking certain preliminary objections. It is submitted that complainant himself approached to the answering banks for providing the CC limit against his FDR of Rs. ten lacs in the shape of credit card. It is further submitted that complainant has availed financial assistance through his cash credit card, hence answering bank is entitled to recover the interest thereon and GST charges under the provisions of Central Govt. Act. It is further submitted that Bank has legal right to recover said amount from the complainant. It is further submitted that complainant visited to the bank then op no.2 explained the status of his account. Bank has legal right to recover the availed amount with charges thereon from complainant. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.

3.                The parties then led their respective evidence.

4.                We have heard learned counsel for the parties and have perused the case file carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated the averments made in the complaint. He has also furnished copies of account summary Ex.C1 to Ex.C12 and copy of email Ex.C13. On the other hand, ops have furnished affidavit of Sh. Ajit S. Chauhan Ex.R1.

6.                It is an admitted fact on record that complainant is having FDR of Rs. ten lacs with the bank and in the year, 2018 he became credit card holder of the bank against his FDR and has been availing this facility from time to time. But however, there is dispute of amount which have been debited in the account of complainant from time to time. As per statement of account, ops are claiming amount of Rs.1,77,000/- from complainant whereas complainant is disputing this amount. So, it will be in the fitness of things, if present complaint is partly allowed and ops are directed to overhaul the account of complainant in his presence after serving a ten days prior notice to the complainant.

7.                In view of above, we partly allow this complaint and direct the opposite parties to overhaul the account of complainant in his presence after serving a ten days prior notice to the complainant and thereafter to settle and claim the amount of debit which become payable by complainant to bank on account of use of the credit card and after deducting same to release the remaining amount of FDR with upto date interest to the complainant within further period of 30 days from the settlement of the account.  A copy of this order be supplied to the parties as per rules. File be consigned to the record room.         

Announced in open Forum.   Member      Member                  President,

Dated:22.01.2020.                                                          District Consumer Disputes

                                                                                      Redressal Forum, Sirsa.