Delhi

New Delhi

CC/564/2013

Sumit Paul - Complainant(s)

Versus

M/S. Axis Bank Ltd. - Opp.Party(s)

26 Aug 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./564/2013                                 Dated:

In the matter of:

SUMIT PAUL

P4/A6 (Janta Flat)

DILSHAD GARDEN

Delhi-110 095

        ……..COMPLAINANT

VERSUS

MANAGER

Axis Bank

Delhi Div. Offie No.1,

148, Barakhamba Road, Connaught Place,

New Delhi-110001

 

               .... OPPOSITE PARTY

 

MEMBER : H.M. VYAS

ORDER

 

        Complainant is the Credit Card Holder of OP Bank vide Credit Card No. 4718610000406182 (old) and Card No. 4718600001266941 (New).    Complainant has alleged the deficiency in service against the OP Bank of levying wrong charges of Rs. 3033.72 where details are mentioned below:

1. Statement due date of 9/11/12 wrong charges levied for Rs. 561.80 towards over limit fee.

 

2. Statement of 21/10/12-20/11/12 wrong charges levied for Rs. 1235.96 towards late payment fee/over limit fee etc.

 

3. Statement due date of 9/1/13 wrong charges levied for Rs. 898.88 towards payment returned charges/over limit fee etc.

 

4. Statement due dated of 10/5/13 wrong charges levied for Rs. 337.08 towards cheque return charges etc.

 

        It is alleged by the complainant that he wrote e-mails to the OP bank on various dated such as on 28/11/12, 26/2/13 and 12/6/13 for the reversal of the above levied charges, but nothing has been done by the OP to resolve the issue.

    The complainant therefore approached this Forum for the redressal of his grievance.

    Notice of the complaint was sent to the OP through Regd. AD Post for 17/10/13, since none appeared on behalf of OP it was ordered to be proceeded with ex-parte on 3/1/14.

Complainant has filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of the complaint.

 

This complaint case is already reserve for order on 10/10/14, but before the order could be passed the then Ld. President and one Ld. Member District Forum retired, leading to facing of this matter for re-arguments.

 

We have heard ex-parte arguments advanced at bar and have persued the record.

Complainant has placed on record the copies of credit card statement, copy of the e-mails sent to the OP Bank, copy of letter dated 12/6/13 written to the OP Bank in support of his case.

We have carefully gone through the copy of credit card statement attached by the complainant alongwih his complaint.

The bare perusal of the credit card statement shows that the complainant’s available credit limit is of Rs. 28,000/- and the total payment due on this credit card is of Rs. 31,571.37 which is the over limit as on 9/11/12.

Complainant failed to deposit the amount outstanding/due on credit card and as such in his next statement OP Bank has levied Rs. 600/- on late payment fee and Rs. 500/- on account of over limit charges. Now the total outstanding is on Rs. 33,292.85.

As per the statement dated 21/11/12-20/12/12 complainant had paid two cheques of Rs. 5,600/- each for making the outstanding  payment, but one cheque was reversed and as such OP Bank has levied payment bounce cheque of Rs. 300  on the complainant.

The carefully study of the credit card statement makes it very clear that the complainant has committed default in making the credit card payment and as such he cannot hold OP bank  liable for his own wrong.

The credit card statement shows the outstanding of Rs. 31,751.37 in November 2012 and the complainant has only paid Rs. 5,600/- on 6/12/12 i.e. after the expiry of due date, thereafter out of the total outstanding of Rs. 23,866.64 complainant paid only 1400/-.  The complainant had never discharged the obligation of clearing his outstanding balance of credit card.

In view of the above discussion we find no deficiency in service on the part of OP Bank as the complainant himself failed to pay the amount due on his credit card in time. We, therefore, find no merits in this complaint, same is hereby dismissed.

This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

File be consigned to record room.

Pronounced in open Forum on _______________.

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                                (H M VYAS)                                     (NIPUR CHANDNA)

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