CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.553/09
Bhagwat Prasad,
H.No. 1013-E, Lohiaya Gali No. 5,
East Baburpur,
Shahdra Delhi-110032
…………. Complainant
Vs.
Manager, Barclay Bank Pvt. Ltd.,
Eross Tower, Ashatha Park,
Lotus Temple Road, Nehru Place,
New Delhi. ………..Respondent
Date of Order: 03.11.2016
O R D E R
Ritu Garodia-Member
The factually matrix of the complaint is that credit card services were availed by the complainant from the OP bank. He purchased some goods worth Rs. 10,000/- in February, 2008. An offer was given by OP to make the payment though EMI’s at reducing rate of interest of 15 % per annum. The complainant received a letter from the OP bank where EMI was fixed at Rs. 958.33. The complainant being unhappy with the high interest rate which was much more than the promised rate, sent a dissent letter. He also sent a cheque for Rs. 10,000/- towards payment for the same. The bank sent an E-mail dated 19.04.2008 stating that the complainant’s purchase amount has not been converted to EMI yet and the payment was received on 26.03.2008. Even then, the bank continued to send statement of account and levied late payment charges till July, 2009. The complainant made several requests / complaints and visited the OP for correcting the same. Despite that, no explanation was provided to complainant. The complainant received several unnecessary phone calls for payment of outstanding balance of Rs. 5563.58/-. The complainant prays for compensation.
OP in its reply states that the outstanding dues were charged @ 12.36 percent as per the Government Policy. It is also stated that the credit card application form is annexed though, no such form is found with the pleadings. The purchase amount of Rs. 10,000/- were converted into equated monthly installments. The payment of Rs. 10,000/- on 26.03.2008 was crediedt towards the first ten installments. The bill was issued for remaining two installments. As the same was not paid, the late payments charges and pre closure charges were imposed. However, the respondent bank in good will gesture has waived off outstanding dues after the complaint was filed.
We have considered the pleadings of both the parties along with the correspondences filed on record.
The perusal of the E-mail dated 09.04.2008 clearly shows that the amount of Rs. 10,000/- has not been converted into EMI. The said e-mail has not been repudiated by OP who is completely silent about the same. OP with malafide intention converted the said Rs. 10,000/- into 12 EMI’s and inspite of onetime payment of the said amount in March itself. OP credited it towards first ten installments while continuing sending bills along with late payments charges for 11th and 12th installments. On the face of it, it appears that whole action is taken by OP in purely mechanical manner without verifying the actual record. The bank always propagate efficient service to customers however things are otherwise. OP has indulged in deliberate deception and unfair trade practices in continuing with EMI on one hand and assuring the complainant that purchase amount has not converted to EMI n the other. The complainant has suffered severe persecution by OP bank and had to spend his time and effort to rectify the error made by OP bank. It was only after complaint was filed in this Forum. OP waived off the outstanding dues.
We therefore, find OP guilty of unfair trade practices and direct it to pay Rs. 5,000/- as compensation for harassment inclusive of litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R TAMTA) (RITU GARODIA) (A.S YADAV)
MEMBER MEMBER PRESIDENT
