Delhi

New Delhi

CC/30/2016

Ashok Kumar Nanglia - Complainant(s)

Versus

M/S. Standard Chartered Bank - Opp.Party(s)

11 Mar 2020

ORDER

 

 

                                       CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.TC/30/2016                               Dated:

In the matter of:

Ashok Kumar Nanglia

R/o D-23, GTB Hospital Campus,

Dilshad Garden,

Delhi-110095                                                                     ....COMPLAINANT

 

VERSUS

Standard Chartered Bank,

10, Sansad Marg,

New Delhi-110001

                                                                                                              .....OPPOSITE PARTY

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

1. In brief, the case of complainant was issued two credit cards bearing no. 4129-0380-8633-8058 (Classic Visa Card) and no. 5543-7480-8623-4199 (Classic Master Card) by the OP in the year 1996.
2. On 26/04/2000, the complainant was working in M/s Asian Paints Ltd. and was posted in the factory/ office situated at  61/10, Site IV, Sahibabad Industrial Area, Sahibabad, Ghaziabad, Uttar Pradesh in the year, 2000.
3. On 26/04/2000 when the complainant was present in his above said office, he received a telephone call purportedly made from the office of the OP. Through the above said call, the complainant was asked by a female that the OP was in the process of affixing photograph of the credit card holder on the master card and asked the complainant to reach the office of the OP at Parliament Street alongwith his photograph and credit card no. 5543-7480-8623-4199. The voice and style of speaking of the above said female was exactly same to that of the representative who usually used to call the complainant in the past from the office of the OP.
4. On 27/04/2000 after confirming from the residence of the complainant, the said female representative reminded the complainant that he had forgotten to keep the credit card at his residence. ON 28/04/2000, the complainant accordingly kept his credit card at his residence with the instruction to his wife that the same should be handed over to the person form office of the OP after confirming his identity. A person identifying himself as a representative of the OP came and collected the credit card from the residence of the complainant after showing his identity card issued by the OP.
5. In the afternoon of 28/04/2000, the said female representative called the complainant at his office number and confirmed that she had received the credit card safely and a modified card would be delivered to the complainant within three days.
6. On 04/05/2000, the said female representative again called the complainant at his office number and informed that modification of the credit card was still under progress and the same would be delivered by 07/05/2000, having received a number of calls from the said female representative, the complainant did not have ay reason to doubt anything fishy.
7. On 10/05/2000 the complainant did not receive the credit card and then he made  all to the office of the OP to know about the status of this credit card. The complainant was taken aback to know that the said credit card did not reach the office of the OP and the same has been misused by someone and he had already spent Rs. 28,975/- through the said credit card. The complainant requested that further transactions on the said card should be blocked immediately to stop the misuse of the same.
8. The complainant made various calls to the office of the OP and also wrote a letter dated 11/05/2000 which was received by hand at the office of the OP and the same was also sent through a registered post to the office of the OP. But instead of replying to the letter, the OP sent the credit card statement dated 18/07/2000 to the complainant, in this statement apart from the previous balance of Rs. 35,815,57/- late charges of Rs. 268.62 and interest of Rs. 1057.86 were also charged and the new balance was shown as Rs. 37,142.05. The complainant did not make any payment towards this bill as the amount pertains to the purchases which the complainant did not make and also towards the late payment charges and interest.
9. It is further alleged that a part of threatening and pressure tactics, the OP through their counsels sent a notice of demand to the complainant asking him to pay Rs. 60,095.06/- within three days of receipt of the notice, failing which civil and/or criminal proceedings would be initiated against the complainant.
10. Later on, after a number of years in March,2013, first complainant booked a registered unit with TDI at Sonipath in March,2013 for which the complainants  applied for the loan with the Syndicate Bank, further, the Syndicate Bank informed to the complainants that their CIBIL has been mentioned as defaulter and therefore, loan cannot be sanctioned to them. Complainant sent legal notice to the OP but OP did not take any action, hence, this complaint.
11. OP was noticed and OP filed written statement, in its written statement OP has taken an objection that the present complaint is barred by limitation as the complainant is challenging his grievance against transaction around dated 10/05/2000 and the present complaint was filed in April, 2013 i.e. much after the expiry of the period of limitation and the present complaint merits dismissal on this ground alone.
12. Both the parties have filed their respective evidence by way of affidavit, we have heard arguments advance at the bar and perused the records.
13. Although, the case pertains to Police Station, Parliament Street, which is not in a territorial jurisdiction of this Forum but as no objection has been taken in this regard, so the Forum feels  appropriate to decide this complaint on merit.
14. The credit card were booked in 1996 and the dispute between the parties arose on 26/04/2000, when the female called at the office of the complainant  and later on, gave the credit card to his representative. The alleged fraud has also been stated in view of this credit card. Firstly, it is time barred, as even the statement in this regard to credit card was issued in the year 2000. Nothing transpired between that parties up to 2013, in view of the same, the complaint is time barred. Secondly, after going through the complaint the alleged fraud has been committed by some female representative of the OP and this Forum cannot deal with the fraud and cheating, hence, the present complaint is dismissed on this ground.

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the complainant free of cost by post.

Announced in open Forum on 11/03/2020

                        File be consigned to Record Room.

 

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

       (NIPUR CHANDNA)                                                                                 (H M VYAS)

                                MEMBER                                                                                    MEMBER