Complaint No. : 97/2009 Filed on : 04/03/2009 Decided on : 25/02/2010 Duration : 0 year 11 months 16 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Mr. Sandeep Kumar vaid r/at G/102, Vaibhav Complex, Geeta Nagar no. 3, Mira Bhayander Road, Mira Road(East), Dist – Thane 401107 ..Complainant
V/s.
M/s. H.D.F.C Bank Ltd., Credit Card Division, through its General Manager, Office at - Opp. Asmita House, Mira Road (East), Dist - Thane. ..Opponent
CORUM : HON'BLE PRESIDENT I/C: MRS. BHAVANA PISAL HON'BLE MEMBER : MR. P. N. SHIRSAT Complainant In person Opposite Party through Adv. R.R.Singh J U D G E M E N T (25th February 2010) HON'BLE MEMBER : MR. P. N. SHIRSAT 1. Complainant has filed this complaint against the Opponents for causing deficiency in service. The brief facts of the case are narrated as under:- That the Complainant was issued Credit Card no. 5243681100622888 by the Opponent. The Complainant was paying the charges regularly. However during the period from 11/04/2008 to 09/05/2008 some one has misused the said credit card though the original Credit Card during the said period was lying with the Complainant. The Opponent has charged the Complainant Rs.29,452.46 from 11/02/2008 to 09/05/2008 for which the Complainant has neither incurred the expenditure nor authorised anybody for the said transaction. The card was always in the possession of the Complainant. The Complainant came to know the illegal transaction on dt.14/05/2008. Therefore the Complainant contacted to the Customer Care Unit and requested to block the Credit Card. After the arrival at Mumbai the Complainant on dt.22/05/2008 written complaint regarding misuse of the credit card. The Complainant lodged police complaint with Mira Road police station on dt.25/05/2008. The Complainant also wrote letter to Opponent on dt.25/06/2008. The Opponent without conducting any enquiry deducted an amount of Rs.16164/- from the Complainant. .. 2 .. Being aggrieved by the attitude of the Opponent, the Complainant has filed the compliant stating therein that the cause of action took place on dt. 26/08/2008. The Office of the Opponent is situated at Thane. Hence this Forum has pecuniary as well as territorial jurisdiction to adjudicate and decide the complaint. The prayer of the Complainant is as follows:- 1.The Opponents to refund Rs.16,164/- alongwith 18% interest p.a w.e.f 26/08/2008. 2.The Opponents to pay Rs. 10,000/- towards mental compensation. 3.The Opponents to refund the cost of this complaint. 4.Any other relief which may deem fit and proper.
2. The Forum has issued notice to the Opposite Parties vide Exhibit no.4 and 5, vide Exhibit no.6 the Complainant requested for reissue of notice through Hamdast. Hence reissued notice vide Exhibit no.7. The Opponent filed Vakalatnama vide Exhibit no.8 alongwith power of attorney. The Opponent filed application vide Exhibit no.9 for adjournment and the same was granted. The Opponent has filed written statement vide Exhibit no.10 and documents vide Exhibit no.11. The Complainant filed rejoinder vide Exhibit no.12. The Opponent filed written arguments vide Exhibit no.15. The contention of the written statement and written arguments of the Opponents are as follows: The Complainant is required to honor the payments as per monthly statement raised by the Opponent. Accordingy Rs.16,164/- was deducted as per the terms and condition of the Credit Cards. The Opponent has issued credit card no.5243681100622888 to the Complainant. As per card membership agreement the discrepancy in the billing statement needs to be highlighted to the Bank within 30 days of receipt of the statement. The Complainant himself admitted that during the period of 11/04/2008 to 09/05/2008 the transaction were effected and the card was in the possession of the Complainant. As per card member agreement and as per provision of section 171 of the contract Act the Opposite Party debited Rs.16,164/- from the Complainant and intimated to him accordingly. The Opponents have not committed any deficiency hence the Complainant is not entitled for any reliefs against the Opponents.
3. In this complaint we have carefully scrutinized the documents, rejoinder, written arguments of the Complainant as well as written statement .. 3 .. written arguments and documents filed by the Opponents. While perusing the documents the only question arises for our consideration which is as under:- A)Whether the Complainant has proved any deficiency committed by the Opponents towards the Complainant? Answer – No. REASONS A) Explanation: The Complainant has very specifically mentioned in his complaint paragraph no.2 quote “The Complainant further states that during the period of 11/04/2008 to 09/05/2008 someone has misused the said credit card and used the said credit card to purchase and pay the amount on his credit though the original credit card during the said period was lying with him”. Paragraph no.3 quote” The Complainant further states that details of the disposed items and charges are as under: Total Rs.29,452.46 The Complainant has neither incurred nor authorised the above transaction. The card was always in possession of the Complainant during the above said period”. It is pertinent to note that for all the time the credit card was in possession of the Complainant. Then how can anyone misuse the same credit card. It is not the case of the Complainant that the card is lost or stolen. If the Complainant had taken the above defence then definitely the balance of convenience would have titled in his favour. But the fact is otherwise. Therefore it is not necessary for us to refer any other documents when the Complainant had himself admitted factual position in his complaint vide para no.2 and 3 as above. With this view we pass the following final order: O R D E R 1. Complaint no. 97/2009 is dismissed as devoid of merit. 2. No order as to cost. 3. Certified copies be furnished to the parties free of charges.
THANE DATE : 25/02/2010
(MR. P. N. SHIRSAT) (MRS. BHAVANA PISAL) MEMBER I/C PRESIDENT | 
