BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 31/03/2009
Date of Order : 26/07/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 200/2009
Between
P.C. Joy, S/o. Cherian, | :: | Complainant |
Padathumampilly Thottathil House, Kolenchery. P.O. , Pin – 682 311. |
| (By Adv. Roy Varghese, Kadaikal Apartments, Near Railway Over bridge, Kathrikadavu, Kochi – 17. |
And
1. M/s. H.S.B.C., | :: | Opposite parties |
Rep. by its Manager, H.S.B.C., Collections, Ravipuram, Kochi – 16. 2. M/s. H.S.B.C., Rep. by its Manager, P.O. Box – 631, Mumbai GPO, Mumbai – 400 001. |
| (Op.pts. 1 & 2 by Adv. N.M. Madhu, T.D. Road, Cochin - 35) |
O R D E R
A. Rajesh, President.
1. The case of the complainant is as follows :
The complainant was misrepresented by an agent of the opposite parties and was issued a credit card No. 4476929998620378 by the opposite parties. However, the complainant had not received the services as offered by the opposite party. Thus, the complainant decided to cancel the credit card. He paid the outstanding amount of Rs. 9,800/- to the opposite party and requested to close the credit card. He had not used the credit card thereafter. However, the complainant has received bills even after the cancellation of the credit card. The complainant repeatedly requested the opposite party to cancel the same. The facts being so, the complainant received a bill dated 12-03-2009 demanding to pay Rs. 60,566/-. Thus, the complainant is before us to get the disputed bill set aside and seeking direction against the opposite party to close the credit card account and to pay compensation and costs of the proceedings.
2. Version of the opposite parties :
The complainant has made only part payment against the pending bills. Since only part payments were effected finance charges and interest have been levied in the account. The opposite parties have not received any cancellation letter from the complainant. The complaint is apparently filed anticipating the necessary proceedings that may be initiated against the complainant. The complainant is liable to pay Rs. 65,134.07 with upto date interest and charges applicable.
3. The complainant was examined as PW1 and Exts. A1 to A4 were marked on his side. The witness for the opposite parties was examined as DW1 and Ext. B1 was marked on the side of the opposite parties. Heard the counsel for the parties.
4. The points that came up for consideration are :
Whether the complainant is liable to pay the amount as per the impugned bill?
Compensation and costs of the proceedings?
5. Point No. i. :- Admittedly, the complainant had availed himself of a credit card bearing No. 4476929998620378 from the opposite parties. Ext. A1 is the impugned bill issued by the opposite parties to the complainant demanding to pay Rs. 60,566.29/- as on 12-03-2009. Ext. B1 is the statement of account for the period from 11-03-2002 to 12-05-2008. Though the complainant was issued with the above credit card, another credit card account bearing No. 4476929998577057 is also mentioned in Ext. B1. During evidence of DW1, the then Manager of the 1st opposite party categorically stated that the credit card number issued to the complainant is 4476929998620378. The opposite parties did not have a case that the complainant is holding the 2nd credit card. So the complainant is not liable to pay the amount as per Ext. A1, which has been issued on the basis of Ext. B1 account statement.
6. Admittedly, the complainant remitted a total amount of Rs. 9,800/- evidenced by Ext. A2 dated 29-05-2004. Thereafter, the complainant issued Ext. A3 letter to the 1st opposite party requesting to close the credit card. Ext. A4 receipt dated 12-02-2005 goes to show that the complainant had forwarded Ext. A3 letter to the 1st opposite party. That means, the complainant is no more liable to pay the outstanding amounts as demanded and averred in Ext. A1. In the above circumstances, we are only to hold that the complainant is not liable to pay the present demand in Ext. A1. However, the complainant is contractually liable to pay the outstanding amounts, if any in the credit card till 12-02-2005.
7. Point No. ii. :- There has been evidently laches on the part of the opposite parties in processing Ext. A4 application submitted by the complainant. This having put the complainant to unnecessary inconveniences and mental agony, his prayer for compensation has to be answered before this Forum, we fix it at Rs. 2,000/-.
8. In the result, we partly allow the complaint and order as follows :
We set aside Ext. A1 credit card statement for the period from 13-02-2009 to 12-03-2009.
The 1st opposite party shall issue a fresh arrear bill to the complainant upto 12-02-2005 after adjusting the remittances made by the complainant as per Ext. A2 receipts dated 29-05-2004 for Rs. 9,800/-.
The opposite parties shall jointly and severally pay Rs. 2,000/- to the complainant by way of compensation for the reasons stated above. No order as to costs.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 26th day of July 2011.
