BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.112 of 2014

Date of Instt. 03.04.2014

Date of Decision :09.01.2015

Ajay Mahajan aged about 39 years son of Balbir Raj Mahajan, R/o H.No.17, Urban Estate, Phase-1, Jalandhar City, Punjab-144001.

..........Complainant

Versus

1. Managing Director, through its Director/General Manager/Manager/Representative, HDFC Bank, HUL House, HT Parekh Mar, 165-166, Backbay Reclamation, Churchugate, Mumbai-400020.

2. General Manager,(Credit Card), HDFC Bank, Civil Lines, Jalandhar.

.........Opposite parties

Complaint Under section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Sh.Rajat Chopra Adv., counsel for complainant.

Sh.Sushil Mehta Adv., counsel for opposite parties.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the complainant is having a credit card of HDFC Bank bearing card No.4617872000391937 and complainant has been receiving more than 20 mails every month from HDFC Credit Card department for various kinds of offers(Mail snap shot attached) with subject as great offers/special offers, exclusive offer on your credit card etc and was lured by the bank to go for shopping. Once the complainant had done shopping to the tune of Rs.3 Lacs in different intervals between October 2013 to December 2013 and thereafter approached to the bank for converting the amount in EMIs, then credit card holder was denied such facility by the bank saying that such offer existed for limited time and from time to time and as of now no such facility is available on the credit card. Complainant was first lured by the bank by sending different mails i.e more than 20 mails each month and many a times 3-4 mails a day for fabulous offers, great discounts, special privilege etc and when the card holder used his credit card, he was denied the EMI facility by the bank. On such like averments, complainant has prayed for directing the opposite parties to convert outstanding amount into EMIs with applicable interest and to refund the interest charged from him from the date of transaction till the period for which EMIs facility is denied. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties appeared and filed a written reply pleading that the complainant, on the basis of his card application form was issued initial credit card No.43467710098 54382(Visa Silver) on dated 17.3.2006. Thereafter the aforesaid credit card upgraded to another cards i.e 4346781001964642(Visa Gold), 4050282000898903, 4050282001226435, 4050282003067134 (Visa Platinum & 4617872000391937 (EMV Visa Signature). The credit card 4617872000391937 (EMV Visa Signature) got NPA/write off on dated 30.6.2014 due to non payment and as per card statement of account dated 2.6.2014 the outstanding balance of Rs.4,00,873.45/- was due payable. The complainant while applying for the said credit card conclusively accepted to be bound by the terms and conditions of the card member agreement pursuant to which he was issued the credit card. Further the use of the credit card by the complainant is deemed acceptance of the said terms and conditions. Hence the complainant was well aware of all the terms and conditions i.e (Payment of fees and service charges & interest, payment & monthly repayments, statement of accounts) stipulated in the card member agreement booklet. The bank has been regularly issuing the statement of account to the complainant every month but the complainant has never disputed the same at that time. The card statements also stated the outstanding dues payable by the complainant to the opposite party pertaining to his credit card and thus being aware of his outstanding dues payable by him to the opposite party willfully defaulted in payment of his outstanding dues. While the complainant has been repeatedly called upon to repay his dues, he has intentionally and fraudulently failed to make payment due, despite of several reminders and requests. The complainant is having a credit card of HDFC Bank bearing card No.4617872000391937. However the opposite parties floats offers which are subject to the terms and conditions and are for limited period. They denied other material averments of the complainant.

3. In support of his complaint, complainant has tendered affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to C5 and closed evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OP/A alongwith copies of documents Ex.O1 to Ex.O118 and closed evidence.

5. We have carefully gone through the record and also heard the learned counsels for the parties.

6. The complainant made purchases on the basis of credit card during the period from October 2013 to December 2013 to the tune of Rs.3 Lacs. He, thereafter, approached the opposite parties to convert the outstanding amount into EMIs i.e equated monthly installments but opposite parties bank denied such facility on the ground that such offer exited for limited period and was not available now. Counsel for the complainant contended that opposite parties bank should be directed to convert outstanding amount into EMIs with applicable interest. On the other hand, it has been contended by learned counsel for the opposite parties that EMI offer was available for limited period and when the complainant made purchases such facility was not available and as such the request of the complainant for converting outstanding amount to EMIs was declined. We have carefully considered the contentions advanced by learned counsels for both the parties. The opposite party bank can not be compelled to convert outstanding amount into EMIs. The complainant has not shown if before making the purchases by using credit card during period October 2013 to December 2013, the opposite parties bank has agreed to offer EMI facility on the said purchase. In absence of any such evidence, the opposite party bank can not be compelled to convert the outstanding amount in respect of credit card of the complainant into EMIs transaction.

7. In view of above discussion, we hold that there is no merit in the present complaint and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia

09.01.2015 Member President