Tamil Nadu

South Chennai

CC/27/2015

M/s.Lavanya Praveen Kumar w/o. Praveen Kumar - Complainant(s)

Versus

M/s.Sathis Kumar.T, Indus Bank Ltd Credit Card Division and Others - Opp.Party(s)

E.Udhaya Shankari

06 Jun 2016

ORDER

                                                                           Date of Complaint  : 05.12.2014

                                                                 Date of Order         : 06.06.2016

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 PGDHRDI, AIII,BCS : MEMBER II

                                                     

C.C.No. 27 / 2015

THIS MONDAY  6^TH DAY OF JUNE 2016

 

Mrs. Lavanya Praveen Kumar,

W/o. Praveen Kumar,

No.7F, Aditya Flats,

Kambar Street,

Muthulakshmi Nagar,

Chitlapakkam (Sanitorium),

Chennai 600 064.                                           .. Complainant.

                                                         - Vs-

1. Mr.Sathish Kumar T. Indus Bank Ltd., (Credit Card Division), Senior Manager Department Management – Credit Cards, No.115 & 116, G.N.Chetty Road, 4th Floor, T.Nagar, Chennai 600 017.   2. The Personnel Manager, Indus Bank Ltd (Credit Card Division), No.961 & 962, Solitare Park, No.167, Guru Hargovind Ji Marg, Anderi – E., Mumbai 400 093.                                            .. Opposite parties.

 

For the complainant             :    M/s. E.Udaya Sankari & another          

For the opposite parties        :    M/s. Sai Kirshnan Associates.  

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 

Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite parties to pay compensation of Rs.3,00,000/- towards deficiency in service and unfair trade practice and to pay cost of the complaint.

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

        The complainant submit that the opposite party forced her to receive the free credit card by stating that it is absolutely a free credit card and there is no any direct or indirect charges made on this credit card except the complainant make any purchases thereof.    Hence the complainant accepted the offer and received the free credit card on December 2013.  In the 1^st statement dated 5.1.2014 the opposite party charged Rs.1,499/- as a joining fee and service tax of Rs.185.28 totaling of Rs.1684.28  hence the complainant contacted the customer care executive for which they apologize for the charge in the credit card and will be reversed automatically as this charges were made in default.    After their assurance the opposite party have added the interest amount subsequently every month as follows:

 

 

S.No.	Date	Ref. No.	Amount & Service tax + Interest
1	5.1.2014	5106004	1684.28
2	5.2.2014	5241026	2439.74
3	5.3.2014	5334949	3158.36
4	5.4.2014	5434848	3921.23

       

and send it to  the complainant the monthly statements and insisted the complainant to pay the outstanding amount immediately, hence she made the payment of Rs.1,685/- on 19.5.2014 inspite of it the opposite party  also sent calls to her mobile number residence landline and personal official mail ID and also direct visits by the collection executives, due to which she was unable to concentrate on her job.     Hence the complainant requested to cancel the credit card.   But the customer care executive assured that she would get the SMS confirmation regarding the reverse charges and the cancellation of the credit card in their mobile number.   But the complainant did not get any sms confirmation.   Yet her name has been listed in CIBIL for 30 DPD days because of which the complainant was not able to go further credits with any financial institutions.    The opposite party also assured that the card will be cancelled and she need not make any further payment.   But still the opposite party is sending reminder messages calls and direct visits from collection executive regarding the outstanding payment.   Hence she issued legal notice to the opposite party on 24.9.2014 for which they failed to send any reply inspite of receipt of the legal notice.  Hence the above act amounts to unfair trade practice and cheating deficiency in service by the opposite parties and as such she filed the above complaint to pay a compensation of Rs.3,00,000/- towards deficiency in service and unfair trade practice mental agony  and also cost of the complaint.

Written version of opposite parties in brief as follows:

2.     The opposite parties herein after called the Bank denies all the allegations of the complaint except that are specifically admitted and put the complainant for strict proof of the same.  The complainant approached the opposite party on 22.11.2013 and executed the necessary documents for the issuance of the credit card and based on application filed by the complainant the credit card was sanctioned by the opposite parties bank.   The complainant agreed to avail the credit card services subject to the terms and conditions as well as the general business conditions of the opposite party bank and rule of contract of  accounts issued by the opposite parties bank.    The complainant is well aware of the fact that the complainant ought to pay Rs.1499/- as joining fee and Rs.185/- as service tax.  The complainant had executed acknowledgment form for availing the platinum select credit card and agreed to pay the above mentioned fees along with service tax.  The complainant is also aware that the said fees shall not be reversed or refund for any reason what so ever.  Whatever communications by the complainant was replied appropriately within reasonable time by telephone.   There is no dispute in the complaint with respect to receipt of the credit card and statement of accounts and hence the opposite parties had not committed any deficiency in service.   No evidence is adduced by the complainant to frame any charges against the opposite parties.   They are regulated under the provisions of the Banking Regulation Act 1949 as well as the various norms and guidelines issued by the apex bank i.e. Reserve Bank of India.  Hence there was no deficiency in service as alleged by the complainant.   The quantum of compensation has to be established whether the loss alleged was direct result of negligent or whether it is remote in the absence of such proof the claim cannot be sustained.  Hence the complaint may dismissed with cost.

3.   Complainant has filed his Proof affidavit and Ex.A1 to Ex.A15 were marked on the side of the complainant.   Proof affidavit of  Opposite parties filed and Ex.B1 to Ex.B3 were marked on the side of the  opposite parties.  

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

1.   Whether the opposite parties has committed  deficiency of

 service  as alleged in the complaint?

 

2.   Whether the complainant is entitled for the relief sought for in

the complaint? If so to what extent ?

 

5.  POINTS  1 and 2 :

            Perused the complaint filed by the complainant, the written version filed by the opposite parties, proof affidavits filed by both the parties  and the documents Ex.A1 to A15 filed on the side of complainant    and Ex.B1 to Ex.B3 filed on the side of the opposite parties and considered the arguments of the both sides.   

6.     The case of the complainant is that the opposite party forced her to receive the free credit card by stating that it is absolutely a free credit card and there is no any direct or indirect charges made on this credit card except the complainant makes any purchases thereof.    Hence the complainant accepted the offer and received the free credit card on December 2013.  In the 1^st statement dated 5.1.2014 the opposite party charged Rs.1,499/- as a joining fee and service tax of Rs.185.28 totaling of Rs.1684.28, hence the complainant contacted the customer care executive for which they apologized for the charge in the credit card and will be reversed automatically as this charges were made in default.    After their assurance the opposite parties have added the interest amount subsequently every month as follows:

S.No.	Date	Ref. No.	Amount & Service tax + Interest
1	5.1.2014	5106004	1684.28
2	5.2.2014	5241026	2439.74
3	5.3.2014	5334949	3158.36
4	5.4.2014	5434848	3921.23

       

and sent it to  the complainant monthly statements and insisted the complainant to pay the outstanding amount immediately, hence she made the payment of Rs.1,685/- on 19.5.2014 inspite of it the opposite party  also sent calls to her mobile number residence landline and personal official mail ID and also direct visits by the collection executives, due to which she was unable to concentrate on her job.   Hence the complainant requested to cancel the credit card.   But the customer care executive assured that she would get the SMS confirmation regarding the reverse charges and the cancellation of the credit card in their mobile number.   But the complainant did not get any sms confirmation.   Yet her name has been listed in CIBIL for 30 DPD days because of which the complainant was not able to go further credits with any financial institution.    The opposite party also assured that the card will be cancelled and she need not make any further payment.   But still the opposite party is sending reminder messages calls and direct visits from collection executive regarding the outstanding payment.   Hence she issued legal notice to the opposite party on 24.9.2014 for which they failed to send any reply inspite of receipt of the legal notice.  Hence the above act amounts to unfair trade practice and cheating deficiency in service by the opposite parties and as such she filed the above complaint to pay a compensation of Rs.3,00,000/- towards deficiency in service unfair trade practice. 

7.     The opposite parties resisted the complaint by stating that  the complainant approached the opposite party on 22.11.2013 and executed the necessary documents for the issuance of the credit card and based on application filed by the complainant the credit card was sanctioned by the opposite parties bank.   The complainant agreed to avail the credit card services subject to the terms and conditions as well as the general business conditions of the opposite party bank and rule of contract of  accounts issued by the opposite parties bank.    The complainant is well aware of the fact that the complainant ought to pay Rs.1499/- as joining fee and Rs.185 as service tax.  The complainant had executed acknowledgment form for availing the platinum select credit card and agreed to pay the above mentioned fees along with service tax.    The complainant is also aware that the said fees shall not be reversed or refund for any reason what so ever.    Whatever communications by the complainant was replied appropriately within reasonable time by telephone.   There is no dispute in the complaint with respect to receipt of the credit card and statement of accounts and hence the opposite parties had not committed any deficiency in service.   No evidence is adduced by the complainant to frame any charges against the opposite parties.   Hence there was no deficiency in service as alleged by the complainant.   The quantum of compensation has to be established whether the loss alleged was direct result of negligent or whether it is remote in the absence of such proof the claim cannot be sustained.  Hence the opposite parties prayed to dismiss the complaint.

8.     Admittedly the complainant had availed credit card from the opposite party during December 2013 as per Ex.A1.   The opposite party had sent statement of account dated 5.1.2014 for a sum of Rs.1,685/- being Rs.1,499/- as card fee joining charges and Rs.185.28 as service tax with the due date as 25.1.2014.  But the grievance of the complainant that it is absolutely free credit card and there is no any direct or indirect charges made on this credit card except the complainant make any purchases thereof is not acceptable since as contended by the opposite party that the complainant agreed to avail the credit card services subject to the terms and conditions mentioned in the credit card as per Ex.B1 the application form along with the column of declaration.    But due to the forceful demand by the opposite party the complainant paid the sum of Rs.1,685/- on 19.5.2014 is not disputed by the opposite party.   

9.     The further grievance of the complainant is that in spite of the above mentioned payment the opposite party demanded to pay the full amount of Rs.3,951.64 which is not sustainable since she had not made any purchase transaction in the complaint mentioned credit card is acceptable.  Whereas though the complainant had paid Rs.1,685/- on 19.5.2014 the above said amount is due as on 25.1.2014 as such there was delay in payment by the complainant is admitted one.   Hence the complainant is liable to pay the interest on the above said amount of Rs.1,685/- for the above said period from 25.1.2014 to 19.5.2014.

10.    Though the demand of the opposite party is as per the terms and conditions mentioned in the application form the claim of the opposite party demanding late fee and service tax is applicable only if the complainant enjoyed the benefit of the card.  Whereas here the complainant had not availed  any purchase transaction in the complaint mentioned credit card.  Admittedly the complainant had paid the card joining fees and service tax for a sum of Rs.1,685/- on 19.5.2014.  It is also not disputed by the opposite party that the complainant had not made any purchase in the said credit card.   As such claiming late payment fee only for availing the credit card cannot be acceptable. 

11.    The complainant also raised grievance that his name has been included in the defaulter list in CIBIL.    The act of the opposite party on this issue by including the name of the complainant in the CIBIL is not sustainable since the actual amount due is only a meager amount towards interest due on the payment of the credit card joining fees.  

12.    Considering the facts and circumstances of the case we are of the considered view that the opposite parties are directed  to issue ”No Due Certificate” in respect of the complaint mentioned credit card of the complainant on receipt of  sum of Rs.67/- towards balance due within six weeks from the date of receipt of this order.     Considering the facts and circumstance of the case we are of the opinion that the complainant is not entitled to any other reliefs sought for in the complaint  and the parties shall bear their own cost and accordingly the points 1 & 2 are answered. 

        In the result, the opposite parties are jointly and severally directed to issue “No Due Certificate” in respect of the complaint mentioned Credit card of the complainant on receipt of sum of Rs.67/- (Rupees sixty seven only) towards balance due within six weeks from the date of receipt of this order.  No cost.  

                Dictated directly by the Member-I to the Assistant and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 6^th   day of  June   2016.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-         -       - Copy of Credit card of complainant.

Ex.A2- 5.1.2014    - Copy of Credit card of complainant.

Ex.A3- 5.2.2014    - Copy of Indus Ind Bank Credit card statement.

Ex.A4- 5.3.2014    - Copy of Indus Ind Bank Credit card Statement.

Ex.A5- 5.4.2014    - Copy of Indus Ind Bank Credit card statement.

Ex.A6- 5.6.2014    - Copy of Indus Ind Bank Credit card statement.

Ex.A7- 5.7.2014    - Copy of Indus Ind Bank Credit card statement.

Ex.A8- 23.7.2014  - Copy of Reminder letter from the 1^st opposite party.

Ex.A9- 5.8.2014    - Copy of Indus Ind Bank credit card statement.

Ex.A10-12.8.2014 - Copy of requesting letter to stop sending reminder for

                              Outstanding payment and courier receipt. 

Ex.A11- 24.9.2014 – Copy of legal notice issued to 1^st opposite party.

Ex.A12- 24.9.2014         - Copy of legal notice issued to 2^nd opposite party.

Ex.A13- 27.9.2014         - Copy of Acknowledgment card.

Ex.A14-       -       - Copy of Pan card of the complainant.

Ex.A15-       -       - Copy of Power of attorney.

 

Opposite parties’ Exhibits:-           

 

Ex.B1-      -       - Copy of credit card application form.

Ex.B2-      -       - Copy of Most important terms and conditions.

Ex.B3-      -       - Copy of Statement of accounts.

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.