District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. 269/2021.

 Date of Institution:20.05.2021.

Date of Order: 07.06.2022.

Phool Chand aged about 57 years son of Shri Hukam Chand R/o village Junhera, Tehsil Ballabagarh, District Faridabad, Haryana.

                                                                                    …….Complainant……..

                                                            Versus

M/s RBL Bank Ltd. Branch: SCO No. 101, Sector-16, Shop No. G-01 to G-05 & G-09 to G-10, Sector-16, Faridabad -121002 through its Branch Manager/principal Officer.

                                                                                    …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:                  Amit Arora……………..President

Mukesh Sharma…………Member.

PRESENT:                Sh. Tarun Bhardwaj ,  counsel for the complainant.

                                    Opposite party ex-parte vide order dated 30.03.2022.

ORDER:  

                        The facts in brief of the complaint are that  the complainant approached the opposite party and narrated the entire facts to the opposite party in writing on 06.11.2019 vide complaint  No. 13166445 and the opposite party advice the complainant to report the matter to Cyber Crime Cell. Accordingly, the complainant approached Cyber Crime Cell, Faridabad and reported the matter vide acknowledgement No.21311190003158.  In the meantime, the complainant again received the call from aforesaid mobile number and he handed over the said mobile to official of said Cyber Crime Cell, but she disconnected the said call and since then said mobile numbers had continuously been switched off/not reachable.  Thereafter, the opposite party after admitting his fault, issued a fresh credit card bearing NO. 5239 5045 1026 2648 and the complainant used the said card but the opposite party raised the bill for Rs.60,000/-.  On 15.03.2020 the complainant deposited a sum of rs.10,700/- and then further deposited a sum of Rs.15,000/- on 22.06.2020. Thereafter, the executive namely Yash Kundra and Rishab Tyagi approached the complainant for settlement of the said account for Rs.35,000/- in lump-sum and also assured that the above paid amount should be adjusted in the said settlement account and the complainant believed upon the opposite party and paid Rs.9000/- to the opposite party and duly intimated the opposite party vide email dated 26.10.2020, but the opposite party did not give any acknowledgement or reply of the said email and the complainant approached said Yash Kundra and Rishab Tyagi  but their mobile numbers were found switched off/not reachable.    The complainant again sent another email for his grievances and then another executive of opposite  party approached the complainant and allured for settlement for Rs.4800/- and hence the complainant believed upon the opposite party and deposited the said amount of Rs.4800/- but the opposite party did not issue  No Dues Certificate and at last the complainant personally visited the opposite party and where met  the Manager, who demanded another amount of Rs.5022/- for entire settlement and hence the complainant to avoid unnecessary litigation, deposited the said amount of Rs.5022/- on 14.01.2021. But the opposite party did not issue No Dues Certificate till date. The complainant checked his status in respect of said credit card and he became shocked and surprised to see/know that the opposite party had shown an amount of Rs.1,96,967.45 as due against the complainant, illegally and unlawfully. The complainant sent legal notice  dated 24.03.2021 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                     Issue NDC (NO Dues Certificate) against the credit card NO. 5239 5045 1026 2648.

b)                     declare the said credit card No. 5239 5045 1022 6015 as forged and frivolous and my client has no concern at all with the said credit card No. 5239 5045 1022 6015.

 c)                     pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .

d)                      pay Rs. 11,000 /-as litigation expenses.

2.                      Registered notice were sent to opposite party not received back either served or unserved.  Case called several times since morning but none has appeared on behalf of opposite party. Mandatory period of 30 days expired.  Hence, opposite party was proceeded against ex-parte vide order dated 30.03.2022..     

3.                     The complainant led evidence in support of his respective version.

4                      We have heard learned counsel for the complainant and have gone through the record on the file.

5.                     In this case the complaint was filed by the complainant against opposite party – RBL Bank Limited with the prayer to: a)  Issue NDC (NO Dues Certificate) against the credit card NO. 5239 5045 1026 2648. b)declare the said credit card No. 5239 5045 1022 6015 as forged and frivolous and my client has no concern at all with the said credit card No. 5239 5045 1022 6015.  c)        pay Rs. 2,00,000/- as compensation for causing mental agony and harassment . d)  pay Rs. 11,000 /-as litigation expenses.

                        To establish his case, the complainant  has led in his evidence Ex.CW1/A – affidavit of Phool Chand,, Ex.C1 – letter dated 06.11.2019, Ex.C-2 – Cyber Crime Complaint, Ex.C3 & C4 – proof of deposited amount, Ex.C-5 – Bill payment successful, Ex.C-6 – email dated 26.10.2020,, Ex.C-6/A – email , Ex.C-7 – Bill payment successful, Ex.C-8 – Deposited amount, Ex.C-9 – Credit card statement,, Ex.C-10 – legal notice,, Ex.C-11 – postal receipt, Ex.C-12 & 12 – photocopies of credit card, Ex.C-14  & 15– details of card.

 6.                    There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.

7.                     Opposite party is directed to:

a)                     Issue NDC (NO Dues Certificate) against the credit card NO. 5239 5045 1026 2648.

b)                     declare the said credit card No. 5239 5045 1022 6015 as forged and frivolous and the complainant has no concern at all with the said credit card No. 5239 5045 1022 6015.

c)                      pay Rs.2200/- as compensation for causing mental agony  & harassment.

d)                     pay  Rs.2200/- as litigation expenses to the complainant.

 Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  A copy of this order be sent to the parties concerned free of costs.  File be consigned to the record room.

Announced on:  07.06.2022                                                   (Amit Arora)

                                                                                                     President

                         District Consumer Disputes

             Redressal  Commission, Faridabad.

                                                            (Mukesh Sharma)

                            Member

            District Consumer Disputes

                                                                                    Redressal Commission, Faridabad.