Delhi

New Delhi

CC/116/2008

Himanshu Mathur - Complainant(s)

Versus

M/S. The Honkong & Shanghai Banking Corporation Ltd. - Opp.Party(s)

24 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/116/08                                Dated:

In the matter of:

Himanshu Mathur,

R/o H-101, Stellar Park, Sector-62, Noida

……..COMPLAINANT

       

VERSUS

 

The Honkong & Shanghai Banking Corporation Ltd.,

Main Branch, 25 Birla towers, Barakhambra Road, New Delhi-110001

Also at:

52/60 Mahatma Gandhi Road, Mumbai 400001

Also at:

HSBC Centre, Dr. Ambedkar Road,

Bandra, Mumbai 400050

Also at:

Ashoka Estate, Connaught Place, New Delhi-110001

                                         ………. OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

The Complainant having two credit cards bearing no. 4476929997810699 & 4476929996799232, were lost by him on 25.02.07 and intimation was given to block the cards but alternative cards were not issued as alleged by complainant to OP till filing the complaint. The contention of complaint is that OP insisted him to deposit minimum charges with bank thereafter card were to be issued as stated in Para6 of complaint. Further he has also stated that OP bank has arbitrarily levied finance & services/late fee charged on lost cards. Further he has also grievances of not sending statement of A/C till first week of June 2007 whereas he has reproduced in Para11 of complaint that the statement pertaining the period 08.05.07 to 07.06.07, June 7 to July 2007 over which he has disputed the facts as per Exh.A & B.

After evaluation of W.S / evidence/ W.A of OP it appears that OP could not issued credit card due to outstanding on previous cards. Even if new card was issued on request of complainant’s sister during May 2007 bearing no. 4476929987214324 as replacement card in lieu of first card and outstanding amount was transferred to replacement card & second card was blocked with a outstanding amount Rs.25, 437.74/- on 28.03.08 which complainant is liable to pay. Thus the total amount payable by complainant is Rs.96, 423.43/- (Rs.25, 437.74/- plus Rs.70, 985.69/- on both cards) as on 10.10.07 as per Exh.A of OP. Further complainant has never requested for second card i.e. it was lying blocked since 25.02.07 as alleged. The entire outstanding bills were sent to complainant regarding disputes of annual fee. OP has categorically admitted in Para23 of W.S that annual fee has been charged only in respect of card no.4476929997810699 (first card as per averments of Para11 of complaint) not in respect of second card whereas complainant has taken a plea in his W.A that OP has not furnished the statement of A/C of new card issued after loss of original card which is contradictory statement to each other except to create unnecessarily litigation when outstanding amount was already transferred to new card.

After scrutinizing the facts of case pertaining in complaint & reply of OP it is very transparent that pervious two cards were lost and it was blocked on same day for further transaction in future. OP admitted the same and also issued new card on request of complainant’s sister & previous outstanding due on lost card, was transferred to new card. Now question related to late fee, service charges and arbitrarily excess charged by OP neither furnished by complainant in details nor any amount has been disclosed in complaint or evidence of complainant except vague arguments without any evidence except prejudist attitude.

The reply of OP shows that there is force in the content of OP that complainant has filed this frivolous complaint, just to avoid paying the outstanding and just to present the OP. We see in no deficiency and dismissed the complaint.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 24.02.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER