Delhi

New Delhi

CC/295/2008

Surinder Khajuria - Complainant(s)

Versus

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

11 Oct 2019

ORDER

 

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.295/2008                             Dated:

In the matter of:

              Capt. Surinder Khajuria,

            R/o 108 Charak Sadan,

          Vikas Puri, New  Delhi-18.

                          ……..COMPLAINANT

VERSUS

Standard Chartered Bank,

1^st Floor, Express Building,

9-10, Bahadur Shah Zafar Marg,

New Delhi-110002.

 

Also at:

Narain Manzil,

23, Barakhamba Road,

     New Delhi-01.

                      Opposite Party

 

NIPUR CHANDNA, MEMBER

   ORDER

The complainant has   filed  the present complaint against the OP

under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant is a saving bank salary account holder vide saving account No.522-1-126 of the OP bank situated at Barakhamba Road, New Delhi.   The complainant is presently working in Bahrain and his salary from Bahrain is transferred to his above mentioned saving bank account for the use and withdrawal by his family. The complainant had drawn a cheque bearing No.357763 dt. 24.6.2007 for Rs.1,13,965/- payable to one Sh. Akashdeep Chauhan  but the same was dishonoured with the remarks “withdrawal  not permitted “  whereas there was sufficient balance in the aforesaid account to disguise  the amount of the above said cheque. On inquiry from the OP bank, the complainant came to know that the OP bank had illegally set off  of his account for a sum  of Rs.1,44,000/- on account of dues of a credit card bearing No.4570363400634006,  whereas the complainant is not using the above said credit card since September 1998 and there was no outstanding dues against the said card.  Due to this act of OP, the reputation of the complainant has been infected for which  OP is liable to  compensate the complainant.  The complainant made several requests to the OP  to refund/credit  the amount of Rs.1,44,000/- which  was arbitrarily set off by it from his account against the illogically dues of Rs.9,05,043/- on the credit card in question but all his request remained unheard.  As such, the complainant also sent a legal notice dt. 1.9.2007 to the OP but OP has neither credited the amount of Rs.1,44,000/- nor has replied the said notice, hence this complaint.

 2.    Complaint has been contested by the OP.  In its reply OP denied any deficiency in service on its part.  It is stated that the said credit card was issued to the complainant with a credit limit of Rs.25,000/- and the complainant was explained with the Card Member Rules and Regulation which was duly accepted by him.   It is submitted that a bare perusal of the statement account of the complainant reveals that  he was regularly defaulted in making payment towards his dues, therefore, financial charges were levied on his account. It is further stated that as on 27^th July, 2007, the complainant had an outstanding balance of Rs.9,33,099.04 on his account and since no amount was paid by him, therefore the saving account of the complainant was set off and  Rs.144,650.85/- was debited from his saving account towards his credit card dues on 13.7.2007. The said amount  was debited from the saving account of the complainant  in a bonafide discharge of its duties on the part of OP bank, hence there was no negligence or deficiency of service on its part and prayed for dismissal of complaint. 

3.     Both the parties have filed their evidences by way of Affidavits.

 

4.     We have heard the arguments advanced at the Bar and have perused the record.

 

5.     The OP bank has placed on record the copy of the credit card statement for the period  21.5.1995 to 20.10.1996.  Thereafter, OP has also placed on record, the copy of credit card statement for the month of 19.3.1998 which shows an outstanding of Rs.100/- against the credit card in question.  Thereafter, OP has placed on record the copy of the credit card statement for the period  27.9.1998 to 27.12.2007, in which the copy of the credit card statement for few months were missing.  Perusal of the credit card statement for the period  19.3.1998 shows that the credit card facility of the complainant was cancelled with immediate effect on 193.1998, which means that the complainant was unable to use the credit card in question from 19.3.1998.  The perusal of the said  statement also reveals that there was an outstanding of Rs.100/- against the credit card in question on 19.3.1998.  Surprisingly, in the statement dt. 27.9.1998, the OP bank shows an outstanding dues of Rs.41,950.48p without mentioning the details of the transaction made by the complainant.  The perusal of the statement dt. 27.9.1998 reveals that there was a previous balance of Rs.40,706.04p and the interest to the tune of Rs.1244.44p was charged making the total outstanding of Rs.41,950.48p, but during the course of the argument, counsel for OP failed to satisfy the Forum as to how the outstanding of Rs.41,950 reflected in the stated dt. 27.9.1998.

6.     The OP bank has placed on record the copy of the credit card statement for the period  21.5.1995 to 20.10.1996, thereafter the OP bank has also placed on record the copy of the credit card statement for the period  27.9.1998 to 27.12.2007.  We failed to understand as to why the OP bank has not placed on record the copy of credit card statement pertaining to the period April 1998 to August 1998 in which the OP has alleged that the transaction was carried out by the complainant against which there was a total outstanding of Rs.41,950.48p on the credit card in question.

7.     The copy of credit  card statement dt. 19.3.1998 reveals that there was an outstanding of Rs.100/- against the credit card in question and the card facility of the complainant was cancelled with immediate effect this means that the complainant was unable to use the credit card in question from 19.3.1998.  The OP bank has failed to justify the outstanding of Rs.41,950.48p against the credit card in question. Since, September 1998, the OP bank started charging the interest on the arbitrary outstanding of Rs.41,950.49p raised by it and finally as per the statement dt. 27.12.2007, the OP illogically shows an outstanding of Rs.9,45,099.24p on the credit card in question.  The OP bank  arbitrarily set off a sum of Rs.1,44,000/- from the saving account of the complainant.  This act of OP amounts to deficiency in services as well as unfair trade practice.  In order to gain the business profit the OP, firstly, arbitrarily raised an outstanding of Rs.41,950.48p and thereafter started charging  interest thereon till December 2007.  We fail to understand why the OP has not taken the steps of set off against the complainant in the  year 1998 itself and linger on the same till November 2007, particularly, when the complainant has his saving account with OP bank. Intentionally and deliberately, the OP started charging interest for the period to get the unlawful gain from the complainant, OP set off his account in the month of December 2077, this act of OP amounts to deficiency in services as well as unfair trade practice.   

 

8.     In view of the above discussion, we are of the considered view that the OP has arbitrarily set off a sum of Rs.1,44,000/- from the account of the complainant despite the fact  that the  said  credit card in question  was cancelled by the OP bank way back in the month of  September 1998.  9.   Hence, in our view, the OP  is  guilty of deficiency in services as well as unfair trade practice and direct it as under: i).  Pay to the complainant a sum of Rs.1,44,000/-,  along with interest @  9% p.a. from the date of institution of this complaint i.e.  7.03.2008  till payment. ii)   Pay to the complainant a sum of Rs. 30,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.   A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room. Pronounced in open Forum on 11/10/2019.     (ARUN KUMAR ARYA) PRESIDENT                                (NIPUR CHANDNA)                                           (H M VYAS)                                   MEMBER                                                         MEMBER