Order No. 05 Dated : 18.06.2019
To day is fixed for admission hearing.
Heard the Ld. Advocate for the complainant who submits that the OP-1 Bank offered a scheme for issuance of Indus Ind Legend Visa, Credit Card and the complainant took the said Credit Card by paying subscription fees of Rs.25,000/-. She further submits that the OP-1 Bank issued Genesis Gift Voucher for Rs.25,000/- to the complainant but the OP-3 refused to redeem the gift vouchers on the ground of date of expiry. Acceding to her, there is mal practice and unfair trade on the part of the OPs. Hence, the prayer for admission of the consumer complaint.
Heard the submission of the Ld. Advocate for the complainant. Perused the complaint petition coupled with its annexure thereto. On perusal of the annexure - C, it appears to us that the OP-3 issued Genesis Vouchers to the complainant on 02.06.2017 through Blue Dart Courier Service and validity of the voucher was six months from the date of issuance of voucher. In para 5 of the complaint petition the complainant did not disclose the actual date when he had been to the OP-3 Store to redeem the vouchers. In our opinion, to avoid the exact period of expiry the complainant discreetly did not mention the date of refusal of redeem vouchers except mentioning the month and year. On perusal of annexure A, it appears that the balance inquiry and expiry date is to be ascertained through the SMS GENESIS < space > < 10 digit card number > to 8105066665. There is no whisper in the fore-corner of the Consumer Complaint that the complainant ascertained balance inquiry and expiry date through SMS. Thus, refusal of redeem the vouchers by the OP-3 Store on the ground of expiry is genuine. Therefore, there is no malpractice and unfair trade on the part of the OPs.
In view of the above discussion, we are of the view that there is no cogent ground to admit the complaint. Accordingly, the complaint is not admitted and is dismissed in limine with cost of Rs.500/-
The amount of cost should be deposited to the President DCDRF, Kolkata, Unit-II as the complaint is frivolous.
In view of above discussion the prayer of the complainant U/s 11 (2) (b) of the CP Act is not tenable and rejected.
Thus, MA being No. 157 of 2019 is disposed of.