Tamil Nadu

South Chennai

CC/131/2016

A.Arun Kumar - Complainant(s)

Versus

M/s.Kunjan Nayyar, Executive Correspondence ,Unit,American Express Banking Corp - Opp.Party(s)

R.Basker

21 Aug 2019

ORDER

                                                               Complaint presented on  : 11.04.2016

                                                                 Date of Order                 : 21.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.131/2016

DATED THIS WEDNESDAY THE 21^ST DAY OF AUGUST 2019

                                 

A. Arun Kumar,

S/o. Mr. Ashok Kumar,

No.161, P.S. Kumarasamy Raja Salai,

Greenways Road,

Anna Institute of Management,

Chennai – 600 028.                                                         .. Complainant.   

 

                                                                                               ..Versus..

1. Mr. KunjanNayyar,

Executive Correspondence Unit,

American Express Banking Corp.,

Cyber City, Tower-C,

DLF Bldg. No.8,

Sector-25, DLF City Ph-II,

Gurgaon – 122 002.

 

2. Mr. Rajiv Pathla,

Head of Operations,

American Express Banking Corp.

Cyber City, Tower-C, DLF Bldg. No.8,

Sector-25, DLF City Ph-II,

Gurgaon – 122 002.

 

3. Mr. Raj Thilak,

Proprietor,

M/s. Raj Autos,

No.35/5, Kamaraj Colony 2^nd Street,

Dr. Ambedkar Salai,

Kodambakkam,

Chennai – 600 024.                                                ..  Opposite parties.

 

Counsel for the complainant  :  M/s. R. Baskar & another

Opposite parties 1 to 3           :  Exparte

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to direct the opposite parties 1 & 2 to remove the name of the complainant in defaulter list with CIBIL and to pay a sum of Rs.2,00,000/- towards compensation for mental agony, deficiency in service, pain etc with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he availed credit card facility with the opposite party, American Express Bank by name Platinum card No.3769 346186 71008 and Make my Trip Card No.3769 346606 61006.  The complainant utilized the credit card for the purchase of motor cycle Bajaj Pulsar RS 200 at the merchant, the 3^rd opposite party, M/s. Raj Autos for a sum of Rs.1,04,019/- availed credit of Rs.60,000/- in the Platinum Card and Rs.44,019/- in Make my Trip on 08.01.2015.  The complainant submits that the merchant, the 3^rd opposite party M/s. Raj Autos stated that those amounts were not given credit to their account and thereby, cancelled the complainants booking on the special occasion on Pongal Festival.  The complainant submits that he made a complaint with customer care vide reference Nos.15019202206, 153202024014 & 15023202241. After repeated reminders, the 1^st opposite party sent a letter dated:27.01.2015 calling upon the complainant to produce the documents within 14 days.   The complainant did not have any document to produce since the card swipped receipt and also lost its identity due to ink life very short and informed the customer care.  The complainant submits that he sent an email on 24.01.2016 to the opposite party bank which was duly acknowledged the Head of customer Services and sent reply email dated:27.01.2016 and also informed the complainant that the issue will be sort out within 3 to 4 days.  Since there is no reply from the bank, the complainant sent reminder dated:03.02.2016. 

2.     The complainant submits that for the past one year, he was tracked unnecessarily and harassed by collection agency of the opposite party and his name was included in the default list of CIBIL.  Thereby, the complainant was prevented from availing any loan and solving his personal commitment and improving his business. The complainant submits that the opposite party without crediting the amount of Rs.44,019/- through Make my Trip Card claimed interest exorbitantly and the outstanding due as Rs.85,435/-.  The complainant submits that he approached the local Head Office wherein, he was informed that the credit of Rs.44,019/- on 11.02.2015 was settled to the merchant vide reference SOC No.000013. On verification with the merchant, M/s. Raj Autos replies that no amount has been credited to their account.  Hence, the complainant issued letter which was received by the opposite party bank on 16.02.2016 and the opposite party banker issued a reply email dated:22.02.2016.  The complainant submits that without crediting the amount, through the credit card of Make my Trip the opposite party  banker issued a letter dated:14.03.2016 informing the complainant that an amount of Rs.44,019/- has been given credit and the balance amount of Rs.24,878/- and late fee of Rs.14,746/- is outstanding.  The act of the opposite parties 1 to 3 amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite parties 1 to 3 has not been appeared before this Forum and hence, the opposite parties 1 to 3 were set exparte.

4.     Though the opposite parties 1 to 3 were remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A10 are marked.

6.      The points for consideration is:-

1. Whether the complainant is entitled for the removal of his name in the CIBIL as a defaulter by the opposite parties 1 & 2 as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony, deficiency in service etc with cost of Rs.10,000/- as prayed for?

7.      On point:-

The opposite parties 1 to 3 after due service of notice not appeared in this Forum and remained ex-parte.  The complainant filed proof affidavit, documents and written argument.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that he availed credit card facility with the opposite party, American Express Bank by name Platinum card No.3769 346186 71008 and Make my Trip Card No.3769 346606 61006.  The complainant utilized the credit card for the purchase of motor cycle Bajaj Pulsar RS 200 at the merchant, the 3^rd opposite party, M/s. Raj Autos for a sum of Rs.1,04,019/- availed credit of Rs.60,000/- in the Platinum Card and Rs.44,019/- in Make my Trip on 08.01.2015.  Further the contention of the complainant is that the merchant, the 3^rd opposite party M/s. Raj Autos stated that those amounts were not given credit to their account and thereby, cancelled the complainants booking on the special occasion on Pongal Festival.  It is seen from Ex.A1 that the said booking of motor bike Bajaj Pulsar RS 200 was cancelled for the reason that the amount of Rs.44,019/- through Make my Trip Card was not credited.  Further the contention of the complainant is that he made a complaint with customer care vide reference Nos.15019202206, 153202024014 & 15023202241.  After repeated reminders, the 1^st opposite party sent a letter dated:27.01.2015 calling upon the complainant to produce the documents within 14 days as per Ex.A1.   The complainant did not have any document to produce since the card swipped receipt and also lost its identity due to ink life very short and informed the customer care.  But the complainant has not produced any document.  

8.     Further the contention of the complainant is that he sent an email on 24.01.2016 to the opposite party bank which was duly acknowledged the Head of customer Services as per Ex.A4 and sent reply email dated:27.01.2016 and also informed the complainant that the issue will be sort out within 3 to 4 days.  Since there is no reply from the bank, the complainant sent reminder dated:03.02.2016 as per Ex.A5.  Further the contention of the complainant is that for the past one year, he was tracked unnecessarily and harassed by collection agency of the opposite party and his name was included in the default list of CIBIL.  Thereby, the complainant was prevented from availing any loan and solving his personal commitment and improving his business amounts to deficiency in service and unfair trade practice. The complainant is claiming a sum of Rs.2,00,000/- towards compensation for such deficiency in service and removal of his name form CIBIL.  Further the contention of the complainant is that the opposite party without crediting the amount of Rs.44,019/- through Make my Trip Card claimed interest exorbitantly and the outstanding due as Rs.85,435/-.  Ex.A3 is the copy of bank statement.  

9.     Further the contention of the complainant is that he approached the local Head Office wherein, he was informed that the credit of Rs.44,019/- on 11.02.2015 was settled to the merchant vide reference SOC No.000013. On verification with the merchant, M/s. Raj Autos replies that no amount has been credited to their account proves the fraud played by the opposite parties.  Hence, the complainant issued letter which was received by the opposite party bank on 16.02.2016 as per Ex.A7 and the opposite party banker issued a reply email dated:22.02.2016 as per Ex.A8.   Further the contention of the complainant is that without crediting the amount, through the credit card of Make my Trip the opposite party  banker issued a letter dated:14.03.2016 as per Ex.A10 informing the complainant that an amount of Rs.44,019/- has been given credit and the balance amount of Rs.24,878/- and late fee of Rs.14,746/- is outstanding; which is not acceptable because immediately after swipping the credit card of Make my Trip, no amount was credited to the account of the merchant, M/s. Raj Autos.  Thereby, the question, of late fee and interest never arise. The claim of interest and late fee without giving credit to the amount swipped through the credit card Make my Trip amounts to deficiency in service.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 are jointly and severally shall pay a sum of Rs.50,000/- towards compensation for not giving credit of the amount swiped though credit card of make my trip and to remove the name from the CIBIL with cost of Rs.10,000/-  to the complainant.

In the result, this complaint is allowed in part.  The  opposite parties 1 to 3 are jointly and severally directed to pay a sum of Rs.50,000/- (Rupees Fifty thousand only) towards compensation for not giving credit of the amount swiped through credit card of Make My Trip and to remove the name from the ‘CIBIL’ with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

  The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 21^st day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	27.01.2015	Copy of letter from the official of the banker
Ex.A2	23.05.2015	Copy of letter sent by the opposite party for appointing Recovery Agency
Ex.A3	20.06.2015	Copy of Statement of Account
Ex.A4	23.01.2016	Copy of email sent to the opposite party
Ex.A5	03.02.2016	Copy of remainder mail sent by the complainant
Ex.A6	12.02.2016	Copy of legal notice to the opposite parties
Ex.A7	16.02.2016	Copy of acknowledgement card of the legal notice, return cover of the 3rd opposite party
Ex.A8	22.02.2016	Copy of reply mail to the complainant’s mail dated:27.01.2016
Ex.A9	10.03.2016	Copy of letter from the banker
Ex.A10	14.03.2016	Copy of letter from the banker

 

 

MEMBER                                                                                                                                                                            PRESIDENT