Tamil Nadu

South Chennai

315/2009

J.E.Alexander - Complainant(s)

Versus

M/s ABN-AMRO Bank ltd - Opp.Party(s)

I.Manjur Alam

10 Sep 2018

ORDER

                                                                        Date of Filing  : 17.03.2009

                                                                          Date of Order : 10.09.2018

 

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.315/2009

DATED THIS MONDAY THE 10^TH DAY OF SEPTEMBER 2018

                                 

J.E. Alexander,

S/o. Mr. P. Jeyaraj,

No.34/61, Asharkhan Street,

Alandur,

Chennai.                                                                    .. Complainant.                                                            ..Versus..

 

M/s. ABN – AMRO Bank Ltd.,

Represented by its Manager,

Card Service Division,

KRM Towers,

No.1, Harrington Road,

Chetpet,

Chennai – 600 031.                                                 ..  Opposite party.

          

Counsel for complainant      :  Mr. I. Manjur Alam

Counsel for opposite party  :  M/s. Umapathi & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to stop harassing the complainant for further payment towards the A/c of Credit Card No.5415382324030436, to pay a sum of Rs.1,00,000/- towards compensation for harassment, physical injury 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 availed a credit card facility of the opposite party bank bearing No.5415382324030436 with credit limit of Rs.60,000/-.   Further the complainant submits that on receipt of the credit card he made purchases through it.   When the complainant received the first bill he made the payment of minimum amount due in time.   Thereafter, the opposite party issued bills with several charges which are not disclosed by the opposite party and its agents.  Even after repeated requests, the opposite party has not adjusted such exorbitant, undisclosed amounts in the future bills.   Since the opposite party charging high interest and other charges, the complainant decided to close the credit card and approached the opposite party for closing the Account and settling  the credit card.  The opposite party issued a settlement letter dated:24.12.2007 informing that the total amount payable is Rs.26,000/-.  The complainant also paid the said amount in different occasions on 26.12.2007 of Rs.10,000/- viz receipt No.7586, 29.01.2008 of Rs.1,500/- viz receipt No.17651, 15.02.2008 of Rs.3,500/- viz receipt No.0036, 08.03.2008 of Rs.6,000/- viz receipt No.20553, 07.04.2008 of Rs.4,000/- viz receipt No.22383, 28.05.2008 of Rs.1,000/- respectively.  Thereafter, suddenly the opposite party issued a statement of account dated:14.08.2008 claiming a sum of Rs.27,981.12 towards the credit card after settling the amount of Rs.26,000/- on 28.05.2008.  The claim of the opposite party is arbitrary which caused great mental agony.   Hence the complaint is filed.

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

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The opposite party states that the complainant filed this vexatious complaint suppressed the material facts and misrepresented.   Further the opposite party states that the credit card No. 5415382324030436 was issued in the name of Mr. Alexander, J.E. on 15^th July 2006 on the basis of the complainant’s  consent and  only after submitting the duly signed application for accepting all terms and conditions.  Further the use of the credit card by the complainant is deemed acceptance of the said terms and conditions known as the “Most important terms and conditions”.  The card member Agreement contains complete information on “Fees and charges” cash advance fees, late fee charges and “Finance charges” which are applicable to all the credit card customers of the opposite party including the complainant.  The opposite part bank had offered the complainant a settlement of amount Rs.26,000/- in three instalment on his credit card.  The opposite party bank submits that he has not received any cheque as mentioned in the complaint. Further the total outstanding amount on the credit card account of the complainant is Rs.27,981.12.  Therefore, there is no deficiency in service on the part of the opposite party 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.A3 are marked.  Proof affidavit of the opposite party filed and documents Ex.B1 & Ex.B2 are filed and marked on the side of the opposite party.   

4.      The points for consideration is:-

1. Whether the opposite party harassed the complainant for further payment towards the Credit Card Account No. 5415382324030436?
2. Whether the complainant entitled to a sum of Rs.1,00,000/- towards compensation for mental agony, harassment etc with cost as prayed for?

5.      On point:-

        Both parties has not turned up to advance any oral arguments.  The opposite party alone filed written arguments.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant  pleaded in the complaint and proof affidavit that admittedly, he has availed a credit card facility of the opposite party bank bearing No.5415382324030436 with credit limit of Rs.60,000/-. Further the contention of the complainant is that while using the credit card for purchase, the first bill issued by the opposite party for the payment of minimum amount due was paid in time.  Thereafter, the opposite party issued bills with several charges which are not disclosed by the opposite party and its agents.   Even after repeated requests, the opposite party has not adjusted such exorbitant undisclosed amounts in the future bills.  Since the opposite party charging high interest and other charges, the complainant decided to close the credit card and approached the opposite party for closing the Account and settling  the credit card.  The opposite party issued a settlement letter as per Ex.A1 dated:24.12.2007 informing that the total amount payable is Rs.26,000/-.  The complainant also paid the said amount in different occasions on 26.12.2007 of Rs.10,000/- viz receipt No.7586, 29.01.2008 of Rs.1,500/- viz receipt No.17651, 15.02.2008 of Rs.3,500/- viz receipt No.0036, 08.03.2008 of Rs.6,000/- viz receipt No.20553, 07.04.2008 of Rs.4,000/- viz receipt No.22383, 28.05.2008 of Rs.1,000/- respectively.  Thereafter, suddenly the opposite party issued a statement of account dated:14.08.2008 as per Ex.A3 claiming a sum of Rs.27,981.12 towards the credit card without any details of transactions after settling the amount of Rs.26,000/- on 28.05.2008.  The claim of the opposite party is arbitrary which caused great mental agony.   The opposite party after due settlement of the amount issuing statement of accounts claiming imaginary and vexatious amount; amounts to deficiency in service and unfair trade practice.

6.     The contention of the opposite party is that the complainant filed this vexatious complaint by suppressing the material facts and misrepresented.  Further the contention of the opposite party is that the credit card No. 5415382324030436 was issued only after submitting the duly signed application as per Ex.B1 for accepting all terms and conditions.  The  opposite party issued statement of accounts dated:14.08.2008 claiming the total outstanding amount Rs.27,981.12.  But the opposite party has not whispered anything about the settlement of the credit card amount by paying a sum of Rs.26,000/- and closing the credit card account.  Further the contention of the opposite party is that the details of the amount of Rs.27,981.12 is given in the written version.   But the opposite party has not filed any statement of accounts to that effect details of statement of account is not given proves the deficiency in service and unfair trade practice.  Considering the facts and circumstances of the case this Forum is of the considered view that, the opposite party shall not claim any amount towards the Credit Card No.5415382324030436 and shall pay a sum of Rs.10,000/- towards compensation with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite party is directed not to claim any amount towards the credit card No.5415382324030436 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 10^th day of September 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	24.12.2007	Copy of settlement letter from the opposite party
Ex.A2		Copy of receipts of payment towards settlement of dues issued by the opposite party
Ex.A3	14.08.2008	Copy of credit card statement issued by the opposite party

 

OPPOSITE  PARTY SIDE DOCUMENTS:      

Ex.B1		Copy of Personal Loan documentation form of the complainant
Ex.B2		Copy of statement of accounts of the complainant

 

 

MEMBER –I                                                                      PRESIDENT