Tamil Nadu

South Chennai

CC/228/2013

V.Rengapashyam - Complainant(s)

Versus

InduslndBank - Opp.Party(s)

P.S.Ratnamani

20 Nov 2018

ORDER

                                                                        Date of Filing  : 04.07.2013

                                                                          Date of Order : 20.11.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.228/2013

DATED THIS TUESDAY THE 20^TH DAY OF NOVEMBER 2018

                                 

Mr. V. Rengapashyam,

Anubav Flats,

No.3, 1^st Floor,

No.6/12, Valluvar Street Extension,

Jai Nagar,

Arumbakkam,

Chennai – 600 106.                                                        .. Complainant.                                                  

 

                                                                 ..Versus..

1. M/s. IndusInd Bank,

Represented by its Customer Care Officer,

Nos.115 & 116, G.N. Chetty Road,

T. Nagar,

Chennai – 600 017.

 

2. M/s. IndusInd Bank,

Represented by its Manager,

Credit Card Division,

P.O. Box No.9421, Chakala MIDC,

Anderi East,

Mumbai – 400 093.                                                 ..  Opposite parties.

          

Counsel for complainant       :  M/s. P.S. Ratnamani

Counsel for opposite parties :  M/s. Sai Krishnan Associates

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to direct the opposite parties to send the printed monthly statements in time to the complainant, not to demand late fees, to restrain the opposite party bank perpetually from collecting delay charges, interest, penal interests and proportionate service tax vide their monthly statements made by them after 17.04.2013, to demand payment for the actual usage charges for using the credit card, to restore the usage of the credit card bearing No.5268610196438008 issued to the complainant and to pay a sum of Rs.2,00,000/- towards compensation for deficiency in service, unfair trade practice and mental agony with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he has been using the opposite party bank credit card Account bearing No.5268610196438008 after due compliance of the formalities.   The complainant submits that while availing the credit card facility, he insisted the 1^st opposite party to issue printed monthly statement.    The complainant submits that from April 2012, he is not receiving the credit card statement in time.   Evenafter contacting the Customer Care of the 1^st opposite party, they have not issued the credit card statement but sent collection agents.  The complainant insisted the collection agents also to issue credit card statement for due payment.  Hence the opposite party issued Indus Bank Credit Card Statements from 30.04.2012 to 31.10.2012 belatedly.  The complainant paid a sum of Rs.3,027/- through cheque dated:01.12.2012.  The complainant submits that for November and December 2012 also, the opposite parties has not issued the credit card statement.  On the other hand on 22.02.2013, the opposite parties issued an email for payments.  On 17.04.2013, the complainant categorically informed the opposite party that there is no delay on the part of the complainant.  The delay is only due to the non issuance of credit card statement.  The recovery agents delivered a computer printout which contained Penal interest delay charges and other charges caused great mental agony to the complainant.  On 22.02.2013, the complainant sent an email protesting such claim for which, a reply email from customer care office one Mr. Nitin Mistry was received stating that monthly charges levied will be reversed.   The complainant submits that without issuing proper credit card statement, the opposite parties deliberately sending recovery agents claiming huge amount.   Hence, the complainant issued legal notice dated:22.03.2018 and the opposite party bank sent a reply dated:22.04.2013.  Thereafter, the opposite party without any notice, vindictively cancelled the credit card which came to the knowledge of the complainant when he used the credit card for purchase.   Thereafter, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.   The opposite parties 1 & 2 state that the complainant approached the opposite party and accepted the terms and conditions.   After submitting an application form the opposite parties issued a credit card No.5268610196438008.  The statement of accounts for the period from 30.04.2012 to 31.10.2012 referred in the complaint has been delivered to the complainant through registered mailing address of the complainant.  Hence, there is no deficiency in service.    The opposite parties 1 & 2 state that the opposite parties bank had an option of sending physical statement of account of the credit card.   When the credit cards is used in any merchant shop, two copies of charge slips will be generated, one copy will be signed by the customer and handed over to the merchant and the 2^nd copy will be retained with the customer himself.   Hence the customer can very well aware of the amount used for purchase through the credit card.    The opposite parties 1 & 2 state that the complainant failed and neglected to pay the amount within the due date; is liable to pay interest on that amount and other applicable charges with penalties.   The complainant suppressed the material facts and filed this case for achieving wrongful gain.  The opposite parties 1 & 2 state that since the complainant is a chronic defaulter, the credit card issued by the opposite parties has been closed.  Therefore, there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 are marked.  Proof affidavit of the opposite parties is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite parties.

4.      The points for consideration is:-

1. Whether the complainant is entitled to restore the usage of the credit card bearing No.5268610196438008 as prayed for?

2. Whether the complainant is entitled the relief of furnishing monthly statement regularly, not to collect late fee, penal charges, service tax etc with a compensation of Rs.2,00,000/- towards deficiency in service and mental agony with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard their respective Counsels also.   Perused the records namely the complaint, written version, proof affidavits, documents etc.   The learned Counsel for the complainant contended that he has been using the opposite party bank credit card Account bearing No.5268610196438008 after due compliance of the formalities.   Ex.A1 is the terms and conditions.  Further the contention of the complainant is that while availing the credit card facility, he insisted the 1^st opposite party to issue printed monthly statement which was also agreed.   Ex.A2 is the credit card statement for 30.04.2012 to 31.10.2012.   Further the contention of the complainant is that from April 2012, he is not receiving the credit card statement in time.   Evenafter contacting the Customer Care of the 1^st opposite party, they have not issued the credit card statement but sent collection agents.   The complainant insisted the collection agents also to issue credit card statement for due payment.  Hence the opposite party issued Ex.A2, Indus Bank Credit Card Statements from 30.04.2012 to 31.10.2012 belatedly.  The complainant paid a sum of Rs.3,027/- through cheque dated:01.12.2012. 

6.     Further the contention of the complainant is that for November and December 2012 also, the opposite parties has not issued the credit card statement.  On the other hand on 22.02.2013, the opposite parties issued an email as per Ex.A6 for payments.  On 17.04.2013, the complainant categorically informed the opposite party that there is no delay on the part of the complainant.  The delay is only due to the non issuance of credit card statement.  The recovery agents delivered a computer printout which contained Penal interest, delay charges and other charges which caused great hardship and mental agony.  On 22.02.2013, the complainant sent an email protesting such claim for which, a reply email from customer care office one Mr. Nitin Mistry was received stating that monthly charges levied will be reversed.   But the complainant has not filed any document.  Further the contention of the complainant is that without issuing proper credit card statement, the opposite parties deliberately sending recovery agents claiming huge amount caused great mental agony.   Hence, the complainant issued legal notice dated:22.03.2018 as per Ex.A8 for which, the opposite party sent a reply as per Ex.A9.  Thereafter, the opposite party without any notice, vindictively cancelled the credit card which came to the knowledge of the complainant when he used the credit card for purchase which leads humiliation and caused mental agony. Hence, the complainant was constrained to file this complaint claiming to restore the credit card not to demand late fees and to furnish the monthly statements with compensation.

7.     The contention of the opposite parties 1 & 2 is that the complainant approached the opposite party and accepted the terms and conditions.   After submitting an application form the opposite parties issued a credit card No.5268610196438008.  Ex.B1 is the application form.  Ex.B2 is the agreement.  The statement of accounts for the period from 30.04.2012 to 31.10.2012 referred in the complaint has been delivered to the complainant through registered mailing address of the complainant is proved as per Ex.A2.  Hence, there is no deficiency in service.    Further the contention of the opposite parties 1 & 2 is that the opposite parties bank had an option of sending physical statement of account of the credit card.   When the credit cards is used in any merchant shop, two copies of charge slips will be generated, one copy will be signed by the customer and handed over to the merchant and the 2^nd copy will be retained with the customer himself.   Hence the customer can very well aware of the amount used for purchase through the credit card.   In this case, e-mail communication, statement of Accounts has been sent to the complainant in addition to the SMS and physical statement.  The complainant also has not disputed any transaction in the complaint proves that there is no deficiency in service.   

8.     Further the contention of the opposite parties 1 & 2 is that the complainant failed and neglected to pay the amount within the due date; is liable to pay interest on that amount and other applicable charges with penalties.   The complainant suppressed the material facts and filed this case for achieving wrongful gain.  Ex.B3 is the statement of accounts right from the year Oct 2007 to April 2014 and the excess of interest charged is reversed as per Ex.A10.   Further the contention of the opposite parties 1 & 2 is that since the complainant is a chronic defaulter, the credit card issued by the opposite parties has been closed.  The allegation that without notice such closure of credit card caused great mental agony is not acceptable since the statement of account itself speaks in its own volume that the complainant is a chronic defaulter and not entitled to hold the credit card.    

9.     Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties has not committed any deficiency in service and as such the complainant is not entitled to any relief as prayed for and the complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1		Copy of Indus Ind Bank Credit Card Important Terms
Ex.A2		Copy of Indus Bank Credit Card Statements from 30.04.2012 to 31.10.2010
Ex.A3	17.01.2013	Copy of letter from the opposite party bank
Ex.A4	23.01.2013	Copy of letter from the opposite party bank demanding payment
Ex.A5	28.01.2013	Copy of complainant’s email
Ex.A6	28.01.2013	Copy of e-mail reply from the opposite party bank
Ex.A7	07.02.2013	Copy of letter from the opposite party bank
Ex.A8	22.03.2013	Copy of legal notice of the complainant
Ex.A9	22.04.2013	Copy of reply by the opposite party
Ex.A10	22.01.2013	Copy of reconciliation statement from the opposite party bank

 

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS: 

Ex.B1	30.08.2007	Copy of Credit Card Application Form
Ex.B2		Copy of Card Holder Agreement
Ex.B3		Copy of Statement of Accounts

 

 

 

MEMBER –I                                                                      PRESIDENT