Tamil Nadu

South Chennai

246/2010

V.G.K.Murthy - Complainant(s)

Versus

M/s.CITI Bank NA & another - Opp.Party(s)

K.Ganesan

12 Jul 2016

ORDER

                                                                        Date of Filing :  28.05.2010

                                                                        Date of Order :  12.07.2016.

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO. 246 /2010

TUESDAY THIS  12^th DAY OF JULY  2016

 

Mr. V.G.K.Murthy,

No. 13/4, Poes Road,

1^st Street, Teynampet,

Chennai 600 018.                                             .. Complainant

                                      ..Vs..

 

1. M/s. Citi Bank N.A.,

Rep. by its Senior Branch Manager,

Citi Bank Gold Card,

Card Member Services,

Anna Salai P.O.,

Chennai 600 002.

 

2. M/s. Citi Bank N.A.,

Rep. by its Branch Manager,

Club House,

Chennai 600 002.                                             ..Opposite parties 

 

 

For the Complainant                  :   M/s.  K. Ganesan   

For the opposite parties 1 & 2     :   M/s. Mohanraj Associates      

 

        Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite parties to issue No Due Certificate  and also to restore the credit card bearing No.4564 0700 2806 9006 and also to pay a sum of Rs.10,00,000/- being the compensation for deficiency in service and  also to pay cost of the complaint.    

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II     

1.The case of the complainant is briefly as follows:

            The  complainant submit that he is one of  credit card holder of the opposite parties and his credit card No.4564 0700 2806 9006.   In addition to the credit card, the complainant availed a personal loan of Rs.1,00,000/- and on 36 equal monthly installment, was Rs.3,567/- @ interest  14% p.a.  It is also stated by the complainant that  he had paid loan amount promptly and he had closed the entire loan availed from the opposite parties.  On 12.5.2008 the opposite party had claimed Rs.39.89 and 312.81 towards pre-closure interest and closure charges.    The complainant had received a letter from the opposite party on 13.7.2008 stating that the outstanding amount in the credit card was Rs.54,884.02.    The complainant further submit that there had been no arrears in respect of the complainant’s credit card and the entire loan has been already repaid by the complainant as early on 9.8.2008.    But the complainant was shocked and surprised to receive a letter from the 1^st opposite party dated 18.11.2008 pointing  out that there was balance of Rs.54,978/- without any statement of account.    Accordingly  the complainant had received  a  letter  from  the opposite  parties on 13.7.2008   stating  that the   outstanding    amount    in    the   credit    card  was  Rs.54,884.02  it was not accepted by the complainant that he had no due as on 9.8.2008 and he had further stated that he had repaid the entire loan. When the complainant approached the opposite parties on 20.2.2008 the opposite parties replied that they will investigate the matter and the complainant was seeking detailed outstanding balance how they arrive Rs.54,978/- to his outstanding and stated that he is “a defaulter of credit card”.    The opposite parties instead of providing statement of account to the complainant they have chosen to initiate legal proceedings before the Tamil Nadu State Legal Services on 6.2.2009 and the complainant appeared before the Presiding officer and explained the facts and figures.    Despite  of repeated reminders from the complainant, the opposite parties have issued a legal notice to the complainant on 5.5.2009 demanding the alleged sum of Rs.49,120/- then the opposite parties have sent the communication to the complainant on 6.5.2009 demanding Rs.69,555/- as due payable by the complainant.    As such, the act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.    As such the complainant sought for claim,   to issue No Due Certificate and also to restore the credit card bearing No.4564 0700 2806 9006 and also to pay a sum of Rs.10,00,000/- being the compensation for mental agony and also to pay cost of the complaint.       Hence the complaint.

Written version of opposite parties  are briefly as follows:-

2.     The opposite parties deny all the averments and allegations contained in the complaint, except those that are specifically admitted herein.   The opposite parties submit that the complainant availed a credit card No.4568229009941031 and there was balance in the said card a sum of Rs.8566.53. The said card was closed and availed the fresh credit card No.4564070028069006.   The balance forwarded from the old credit card to new credit card and same was reflected in the statement of accounts dated 13.3.2006 to 12.4.2006.  From that date onwards the complaint fails to pay the balance amount.   The complainant written communication only indicates that loan account, not the credit card account.  Hence the complaint approached this forum not with clean hands.   The opposite parties further states that the payment made by the complainant was clearly indicated and reflected in the statement of accounts.    The dispute regarding interest claimed by the opposite parties cannot be disputed before this forum and for the same, complainant can approach the civil court.      Hence there is no negligence or deficiency in service on the part of the opposite parties.     Therefore this compliant is liable to be dismissed with costs.                                  

3.   Complainant had filed his Proof affidavit and Ex.A1 to Ex.A89 were marked on the side of the complainant.   Proof affidavit of Opposite parties  filed  and Ex.B1 was marked on the side of the  opposite parties.    

 

4.      The points that arise for consideration are as follows:-

1)   Whether there is any deficiency in service on the part of the opposite parties?

 

2. Whether the complainant is entitled to the  reliefs sought for?.

5.     POINTS 1 & 2 :

           Perused the complaint filed by the complainant and his proof affidavit and documents Ex.A1 to Ex.A89  were marked on the side of the complainant.  Written version and proof affidavit filed by the opposite parties and Ex.B1 was marked on the side of opposite parties and also considered the both side arguments.

6.     The complainant as a credit card holder of the opposite parties and his credit card No.4564070028069006.  In addition to the credit card the complainant availed a personal loan of Rs.1,00,000/- on 36 equal monthly installment was Rs.3,567/- @ interest of 14% p.a.  It is stated by the complainant he paid loan amount promptly and contented that he had closed the entire loan availed from the opposite parties, on 12.5.2008, the opposite party had claimed Rs.39.89 and 312.81 towards pre-closure interest and closure charges.   The complainant had received a letter from the opposite party on 13.7.2008 stating that the outstanding amount in the credit card was Rs.54,884.02 it was not accepted by the complainant that he had no due as on 9.8.2008 and he had further stated that he had repaid the entire loan when the complainant approached the opposite parties on 20.2.2008 the opposite parties replied that they will investigate the matter and the complainant was seeking the detailed outstanding balance how they arrive Rs.54,978/- to his outstanding and stated that he is a “defaulter of credit card.”   The opposite parties instead of providing statement of account to the complainant they have chosen to initiate legal proceedings before the Tamil Nadu State Legal Service authority vide No.190 on 6.2.2009 and the complainant appeared before the presiding officer and explained the facts and figures.    It appears from the complainant’s letter dated 14.4.2009 against the opposite parties have initiated the proceedings before the Legal Services Authority. 

7.     In spite of repeated reminders from the complainant, the opposite parties had issued a legal notice to the complainant on 5.5.2009 demanding the alleged sum of Rs.49,120/- then the opposite parties have sent the communication to the complainant on 6.5.2009 demanding Rs.69,555/- as due payable by the complainant.  Here and again the opposite parties are exploiting the consumer, the complainant approached the forum to direct the opposite parties to issue “no due certificate” for the closure of his personal loan account and directing the opposite parties to restore the credit card where he was using and directing the opposite parties to pay compensation of Rs.10,00,000/-.

8.     The opposite parties denied the allegations made by the complainant and it was submitted to this forum that the complainant had outstanding to his credit card account and it was not paid for considerable period  and as on date 3.12.2010 a sum of Rs.49,920.50.   The opposite parties brought to the notice of this forum the complainant availed a credit card No.4568229009941031 and a sum of Rs.8566.53 was an outstanding the said card was closed and availed the bearing 4564070028069006 and the balance forwarded from the old credit card to new credit card and same was reflected 13.3.2006 to 12.4.2006.  So it is contended and the opposite parties denied the averments made in para 4,5,6 of the complaint, the opposite parties’ counsel argued and said this case will not come under consumer forum and compensation claimed by the complainant Rs.1,50,000/-and  Rs.10,00,000/- the attitude of the complainant threatening the bank.    The opposite parties has further stated that the National Commission Judgment  is reported in 1996 National Commission & State Commission on consumer cases page No.2222  (R.Sethuraman ..Vs.. Indian Overseas Bank)  it is not a proper forum for taking accounts and deciding the amount due to any of the party will not come under the Consumer Protection Act and prays the forum to dismiss the case which cannot be sustainable.

9.     Pursed on the complaint, written version, proof affidavit, and documents filed by the complainant and the opposite parties, it is proved that the complainant had an outstanding amount from his credit card account and he has not repaid the credit amount availed through credit card and the interest were accumulated as cumulative, resulting in huge outstanding and the opposite parties never disputed the closure of personal loan availed by the consumer.   On going through the merits of the case “a defaulter cannot be entertained under consumer forum since the complainant being the defaulter he cannot filed this complaint in this forum” and he can get legal remedies approaching the concerned Civil court to get his grievances redressed.   Based on the available documents and learned counsel’s arguments, we are of the considered view that the this case will not come under the purview of consumer forum and he can approach the Civil court to get his remedy.  The complainant had not submitted any proof of evidence except the statement of accounts of the bank about the closure of the account.  The opposite parties have clearly indicated the complainant is an defaulter.   Therefore we are of the considered view that this complaint is liable to be dismissed and complainant  is not entitled for any relief sought for, in the complaint  against the opposite parties and accordingly the point 1 & 2 are decided as against the complainant.   

        In the result, the complaint is dismissed.  No cost.

               Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the  12^th day  of  July  2016.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

 

Ex.A1- 13.9.2004  - Copy of Statement of account.

Ex.A2- 13.10.2004         -                  -do-

Ex.A3- 12.11.2004         -                  -do-

Ex.A4- 15.12.2004         -                  -do-

Ex.A5- 14.1.2005  -                  -do-

Ex.A6-  14.3.2005 -                  -do-

Ex.A7- 14.4.2005  -                  -do-

Ex.A8- 15.5.2005  -                  -do-

Ex.A9- 15.6.2005  -                  -do-

Ex.A10-16.7.2005                    -do-

Ex.A11-15.8.2005 -                  -do-

Ex.A12- 15.9.2005 -                -do-

Ex.A13- 16.10.2005-               -do-

Ex.A14- 16.11.2005-               -do-

Ex.A15- 16.12.2005-               -do-

Ex.A16- 14.1.2006         -                  -do-

Ex.A17-       -       -                  -do-

Ex.A18-       -       -                  -do-

Ex.A19- 14.1.2006         -                 -do-

Ex.A20- 3.12..2005 -               -do-

Ex.A21- 12.2.2006         -                  -do-

Ex.A22- 13.3.2006 -                -do-

Ex.A23- 13.3.2006         -                  -do-

Ex.A24- 13.4.2006 -                -do-

Ex.A25- 13.4.2006 -                -do-

Ex.A26- 13.5.2006 -                -do-

Ex.A27- 12.6.2006 -                -do-

Ex.A28- 14.7.2006         -                  -do-

Ex.A29- 13.8.2006         -                  -do-

Ex.A30- 13.9.2006 -                -do-

Ex.A31- 13.10.2006-               -do-

Ex.A32- 13.11.2006-               -do-

Ex.A33- 13.12.2006-               -do-

Ex.A34- 12.1.2007         -                  -do-

Ex.A35- 10.2.2007         -                  -do-

Ex.A36- 11.3.2007         -                  -do-

Ex.A37- 11.4.2007 -                -do-

Ex.A38- 12.5.2007         -                  -do-

Ex.A39-13.6.2007 -                  -do-

Ex.A40-13.7.2007 -                 -do-

Ex.A41- 12.8.2007         -                  -do-

Ex.A42- 12.9.2007-                 -do-

Ex.A43- 12.11.2007-               -do-

Ex.A44- 13.12.2007-               -do-

Ex.A45- 11.12.2007-               -do-

Ex.A46- 13.12.2007-               -do-

Ex.A47- 13.1.2008         -                  -do-

Ex.A48-13.2.2008 -                  -do-

Ex.A49- 14.3.2008         -                  -do-

Ex.A50-12.4.2008 -                  -do-

Ex.A51- 12.5.2008 -                -do-

Ex.A52- 12.6.2008 -                -do-

Ex.A53- 12.7.2008 -                -do-

Ex.A54- 13.8.2008-                 -do-

Ex.A55- 12.9.2008-                 -do-

Ex.A56- 12.10.2008-               -do-

Ex.A57-13.11.2008        -                  -do-

Ex.A58- 12.12.2008-               -do-

Ex.A59- 11.1.2009-                 -do-

Ex.A60- 11.2.2009-                 -do-

Ex.A61- 14.3.2009-                 -do-

Ex.A62- 13.4.2009-                 -do-

Ex.A63- 24.6.2005- Copy of payment advice by the opposite party

Ex.A64- 22.7.2005- Copy of letter by the complainant.

Ex.A65- 4.7.2008 -                  -do-

Ex.A66- 24.6.2005-                 -do-

Ex.A67- 9.8.2009 -                  -do-

Ex.A68- 9.10.2008 -                -do-

Ex.A69- 22.12.2008-               -do-

Ex.A70- 13.12.2008- Copy of Lok Adalath letter.

Ex.A71- 9.2.2009  -  Copy of letter by complainant to opposite party.

Ex.A72- 24.6.2005 -  Copy of payment advice.

Ex.A73- 7.4.2009   -  Copy of Lok Adalath letter.

Ex.A74-       -       -  Copy of Statement from the complainant.

Ex.A75- 7.4.2009  -  Copy of Lok Adalat notice.

Ex.A76- 14.4.2008         -  Copy of complainant letter.

Ex.A77- 18.4.2009 -  Copy of complainant letter.

Ex.A78- 2.6.2009   -  Copy of legal notice from the complainant.

Ex.A79- 8.6.2009 -  Copy of legal notice from the opposite party.

Ex.A80- 6.5.2009  -  Copy of letter from opposite party.

Ex.A81- 5.5.2009  - Copy of legal notice from the opposite party.

Ex.A82- 31.12.2008- Copy of letter from the opposite party.

Ex.A83- 22.12.2008-  Copy of letter from the opposite party.

Ex.A84- 18.11.2008-  Copy of letter from the opposite party.

Ex.A85- 22.10.2008-               -do-

Ex.A86- 9.10.2008-   Copy of letter from the complainant. 

Ex.A87- 14.8.2008-  Copy of letter from  the opposite party.

Ex.A88- 13.7.2008-  Copy of letter from the complainant.

Ex.A89- 4.7.2008  - Copy of letter from the complainant.

Opposite parties’ Exhibits:-   

Ex.B1-         -       - Copy of statement of account from the opposite party.

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.