Chandigarh

DF-II

CC/179/2020

Amarjit Singh Sidhu - Complainant(s)

Versus

Induslnd Bank Ltd. - Opp.Party(s)

Savinder Singh Gill & Hoshiar Chand

24 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	179/2020
Date of Institution	:	13.03.2020
Date of Decision	:	24.11.2023

 

                     

            

 

Amarjit Singh Sidhu s/o Sh. Baljittar Sidhu, aged 74 years, resident of H.No.111. Sector 10-A. Chandigarh-160011.

...Complainant

VERSUS

 

1. Indusind Bank Ltd., 701/801. Solitaire Corporate Park. 167. Guru Hargovindji Marg. Andheri Ghatkopar Link Road, Chakala Andheri (East), Mumbai-400 093 through its Managing Director/Director(s).

2. Head, Cards Service, OPUS Center, 47. Central Road, Opp. Tunga Paradise Hotel MIDC, Andheri (East), Mumbai 400093

3. Indusind Bank Ltd., SCO-53 & 54, Sector 8 C. Madhya Marg, Chandigarh through its Branch Manager.

4. Sh. Sunny Lankesh, Bank Relationship Manager, Indusind Bank Ltd., Sector 8 C. MahdyaMarg, Chandigarh.

…. Opposite Parties.

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Sh.Savinder Singh Gill, Counsel for the complainant Sh.Arun Dogra, Counsel for the OPs.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint pleading therein that he is having indusind Bank Saving account for the last 10 years and on the insistence of OP No.4, he agreed to apply for the Indusind credit card and he has informed that there shall be a fee of Rs.25,000/- excluding taxes for the credit card and the same could be redeemed against various gift vouchers according to his choice and the said choice was to be exercised once the payment towards the first credit card bill was made and thereafter, he had to send an email or contact the bank’s helpline number and again request for the choice of his gift cards within a period of 30 days after paying  the credit card bill. However, later on, OP No.4 informed complainant that genesis gift vouchers have been discontinued and thus, he made the complainant to sign on two different forms of the gift cards available and suggested him that he could discuss with his son and choose the gift card accordingly. After discussing with his son, he chose luxe gift cards and asked OP No.4 to attach the same while submitting the application form. In the month of October, the complainant was issued legend credit card and on 19.11.2019, he made a cheque payment of Rs.34,690/- towards his first outstanding bill, which included the joining fee of Rs.25,000 + taxes for luxe gift card. On 7.12.2019 (Annexure C-2), he sent an e-mail to priority care of the Indusind Bank informing that the joining fee has been paid and requested to issue him luxe gift cards worth Rs.25,000/- (Annexure C-2). To utter surprise of complainant vide e-mail dated 7.12.2019, he was informed that his card is eligible for vouchagram vouchers worth Rs.25,000/. Being aggrieved the same, he immediately sent an e-mail (Annexure C-3) asking as to how he is not entitled for luxe gift cards and sought refund of Rs.25,000/- along with interest @ 18%.  However, OP's did not resolve the problem. He sent an e-mail dated 14.12.2019 (Annexure C-4) seeking a copy of the Credit Card Application Form. He sent various e-mails (Annexure C-5 (Colly.) asking for issuance of luxe gift cards along with the copy of his application form but to no effect. Finally the complainant served a legal notice dated 17.01.2020 (Annexure C-6) and in response to which, he was informed vide e-mail dated 28.02.2020 (Annexure C-7) that his request had been declined and he can only claim vouchagram gift vouchers and that before 8^th March, 2020. Having no other choice left with him, he exercised his option for the vouchagram gift vouchers and was then shocked to get a message from the bank "Expired". It has been averred that the OPs have thus taken money also and not given any vouchers also. He immediately sent an e-mail on 7.3.2020 to the OPs stating that he had exercised option "E" (i.e. Yatra Gift Vouchers worth Rs.25,000/-) of the vouchagram gift vouchers before 08.03.2020, but till date he has not received any reply.     Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund Rs.25,000/- along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     After service of notice upon OPs No.1 and 2, they appeared before this Commission and filed their written version taking preliminary objections regarding territorial jurisdiction of this commission; the complaint is bad for non-joinder of necessary parties and the complainant has not approached this Commission with clean hands. On merits, it has been stated that the complainant by way of filing the complaint is raising issue in respect of non acceptance of welcome gift i.e. Vouchagram Gift. It has been stated that the welcome gift issued to the complainant are in collaboration with the partners associated with the bank and the bank incurs the cost to procure them. The complainant is claiming that he tried to use the gift voucher i.e. Yatra Gift Voucher, but he could not do so. Admittedly, the use of vouchers are subject to terms and conditions. It is submitted that the Gift Voucher/Codes were to be redeemed by the partner associate. The complainant has not impleaded the partner associate in array of parties, whereas he has been making specific averments against it.  It has been stated that the complainant himself approached the bank and duly filled and signed application form for getting Indusind Bank Signature Legend Credit Card. On the basis of duly filled and signed application form an Indusind Bank Signature Legend Credit Card was issued to the complainant in the month of October 2019. The credit card was issued with a one-time joining fee of Rs. 25,000/- along with applicable taxes billed in the statement for the month of October 2019. On this Signature Legend Credit Card, the complainant opted for Vouchagram Gift voucher as a welcome gift.  It has been denied that at the time of filling up the application form complainant chose Genesis Gift Voucher, as such any question of informing the complainant that the Genesis Gift Voucher has been discontinued does not arise. It has been denied that complainant then chose Luxury Gift Voucher.  It has been mentioned in the said form, which is duly signed by the complainant that the One Time Joining Fees once charged shall not be reversed or refunded for any reason whatsoever. It has further been stated that in reply to the  legal notice, the complainant was informed that he had transacted using signature legend credit card and as such it is not possible to reverse the fees or exchange the welcome gift card.  He was duly apprised that vouchagram gift voucher code was sent on his registered mobile number on 09.12.2019 and he could claim the voucher before 08.03.2020. It has been denied that complainant exercised his option for Vouchagram gift voucher on 07.03.2020 or that the same was rejected being expired. It has been stated that the complainant did not approach the bank in March 2020, representing to the bank that he is not able to redeem the voucher within stipulated time period. As per process, all welcome gifts points are valid for redemption for 90 days from issuance. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.     The complainant filed replication to the written reply of the Opposite Parties controverting their stand and reiterating his own.
4.     Parties filed their respective affidavits and documents in support of their case.
5.     We have heard the Counsel for the contesting parties  and have gone through the documents on record.
6.     The main question to be determined in the present complaint is whether the complainant is entitled to refund of Rs.25,000/- paid to the OPs on account of credit card in question or not?
7.     In order to find out answer to the above mentioned issue, it is necessary to discuss the following facts and circumstances of the case:-
8.     It is observed from the documentary evidence on record and the submissions of the parties especially the credit card application form attached with the complaint as Annexure C-1 that the complainant had availed the services for the OPs for the issuance of the 25K luxe gift cards but he was issued legend credit card. The vouchagram gift vouchers worth Rs.25,000/- were also issued to the complainant as a welcome gift, which were to be redeemed before 08.03.2020.   The complainant had exercised option “E” (i.e. Yatra Gift Vouchers worth Rs.25,000/-) to redeem the vouchagram gift vouchers on 07.03.2020 i.e. well before the stipulated date of 08.03.2020 but the same were rejected being expired and the complainant immediately informed the OPs in this regard vide e-mail dated 07.03.2020. The complainant has nothing to do with the alleged associate partner of the Bank as the credit card in question was issued to the complainant by the Bank. The complainant was thus, right, in seeking the refund of the amount of Rs.25,000/- from the Bank and non-refund of the same certainly amounts to deficiency in service and adoption of unfair trade practice on the part of the OPs. 
9.     In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OPs are directed to refund Rs.25,000/- to the complainant along with interest @ 9% p.a. from the date of its receipt till it’s the date of its actual realization.
10.      This order be complied with by the OPs jointly and severally, within 90 days from the date of receipt of its certified copy.
11.     The pending application(s) if any, stands disposed of accordingly.
12.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 24/11/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER