A. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : AT HYDERABAD
c. c.24/2010
Between :
Smt. Anita Ahuja, W/o Sri Anil Ahuja
Aged 49 years, Occ ; Advocate
R/o Flat no. 201, Sri Anjana’s Solitaire,
Umanagar Colony, Begum pet, Hyderabad
And
1. M/s. ICDS Securities Limited
Associate of Standard Chartered Bank
Oxford Plaza, 9-1-129/101, 1stS. D. Road, Near D C. Office
Secunderabad – 500 003 rep. by its Directors and
Its representatives Ms. Sandhya and Mr. Shiva.
2. Credit Information Bureau ( India ) Limited
In Association with Dun and Bradstreet and Transunion
Hoechst House, 6th193 Back bayNariman Point, Mumbai 400 021
3. State Bank of India,
RACPC, Administrative Units Building,
Patny Centre, Secunderabad
Rep. by its Assistant Manager
Counsel for the Complainant
Counsel for the Opposite parties
Coram
And
Monday, the Twenty Second
Two Thousand Thirtheen
****
01. The complainant who is a practicing lawyer is a member of Secunderabad and the amount was credited to the Account of OP.1 . Subsequently the complainant was informed on telephone that her request to close the Account and reactivate the credit card was acceded to. The OP.1 has been charging huge interest, penal interest along with monthly interest which is unfair trade practice and banks are already directed not to indulge in such an unfair trade practice which is against RBI rules etc but OP.1 did not follow the same. There was no communication with OP.1 and the complainant was under the bonafide impression that the transactions are closed. Recently on 6.11.2009, the complainant along with her spouse, Mr. Anil Ahuja, applied for housing loan for Rs.35 lakhs to OP. 3 bank and the said OP. 3 returned the file observing that they are unable to process the said application on account of the report given by Op. 2 stating that a credit card Account with the current and overdue balance of Rs.25,496/- has written off by OP. 1. ndnd nd
02.Op.1 remained exparte despite service of notice and thus elected nor to participate in the proceedings.
03. OP. 2 filed written version disputing the claim of the complainant and mainly contending that this Commission has no jurisdiction to entertain the complaint and that the complainant has no cause of action and right to sue against Op.2.
04.OP. 3 pleaded that the complainantnd
05.Complainant filed evidence affidavit and additional evidence affidavit reiterating her case as set out in the complaint and marked Ex. A1 to A33 and the Opposite parties 2 and 3 filed their evidence affidavits in support of their respective defences and no documents were marked on behalf of the Opposite parties. Complainant and OP. 3 submitted written arguments in support of their respective contentions.
06. Heard both sides with reference to their respective contentions in detail.
07.Now the point for consideration are,
(i) Whether the complaint is filed within limitation ?
(ii) Whether the complainant is maintainable against Ops 2 and 3 ?
(iii)
(iv) Whether the complainant is entitled for the reliefs as prayed for ?
08.The documents filed by the complainant areEx. A1 Original acknowledge Card, Ex.A10
09. POINT
The case of the complainant is that OP. 1 issued Add on Credit Card described supra in her favour as a complimentary gesture as she is a member in Nizam’s club and that since she did not wish to continue the credit facility and wanted to
(1) The District Forum, the State commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in subsection 91) a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.
Provided
In view of the said decision, a duty is cast upon this Commission to decide limitation point in this case. It is much more so, when condonation of delay.
10. Point Nos 2:
There is no dispute that the complainant along with her spouse Anil Ahuja applied for housing loan for Rs.35 lakhs to OP .3 bank and that the said application was returned by it observing that they are unable to process the loan application on account of the report given by OP. 2 stating that a credit card Account with the current and over due balance of Rs.25,496/- as complaint is not at all maintainable against it. Admittedly, the information that balance amount of Rs.25,496/- was written off was given by OP. 1 bank. Its accuracy completeness and veracity is the responsibility of the concerned bank and not that of OP.2. Therefore, it is justified in disclaiming liability for all such information. Thus we are satisfied to hold that complainant against OP. 2
11. POINT NO. 3
As per the finding in point no. 1 it is held that complaint is barred by limitation and therefore the complaint against OP. 1 is not maintainable. Even otherwise, as already described supra the plea of the complainant is that the first opposite party issued credit card bearing 4129058684598242 and Add on Credit Card bearing No.4129058880203605 described supra in her favour as a complimentary gesture as she is a member in Nizam’s club and that since she did not wish to continue the credit facility and wanted to due is Rs.25,496/-. The complainant did not impeach credit of the said document by any convincing means and she herself marked the same. SCJ 520 on the point of social justice and also the decision of this commission in
12. In the result, the complaint filed against opposite parties
1 to 3 is dismissed but without costs.
MEMBERDATED : 22.01.2013.
CC No. 24/2010
Smt. Anita Ahuja (Complainant)
And
M/s. ICDS Securities Limited (Opposite party)
Chief affidavit of Complaint filed and Ex. A1 to A33 marked.
APPENDIX OF EVIDENCE
EXHIBITS MARKED
For the complainants
Ex. A1
Ex. A2
Ex. A3
Ex. A4
Ex. A5
Ex. A6
Ex. A7
Ex. A8
Ex.A9
Ex.A10
Ex.A11
Ex.A12
Ex.A13
Ex.A14
Ex.A15
Ex.A16
Ex.A17
Ex.A18
Ex.A19
Ex.A20
Ex.A21
Ex.A22
Ex.A23
Ex.A24
Ex.A25
Ex.A26
Ex.A27
Ex.A28
Ex.A29
Ex.A30
Ex.A31
Ex.A32
Ex.A33
MEMBERDATED : 22.01.2013.
