Orissa

Cuttak

CC/11/2023

Kalyan S Chottoray - Complainant(s)

Versus

One Wolrld Center,Managing Director/CEO - Opp.Party(s)

R Roy & associates

18 Jun 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION, CUTTACK.

C.C.No.11/2023

 

Kalyan S. Chottoray,

S/o: Rajendra Narayan Chhotoray,

Residing at Flat No.718,.Block-Bishnu 1,

Balaji Complex,P.O:Laxmisagar,Jharpada,

Bhubaneswar-751006,Dist:Khurda,

Presently residing at Plot No.C/1250,

Sector-6,C.D.A,Cuttack-753014.                                         ... Complainant.

 

                      Vrs.

 

  1.       One World Center, Tower Managing Director/CEO,

RBL Bank Ltd, 2B, 6th Floor,841, Senapati Bapat Marg,

Lower Parel(W), Mumbai-400013, India.

 

  1.       Branch Manager Bank Ltd.,

HIG-16, Ground Floor,

Sports Emporium, Opposite Pal Heights,

Jayadev Vihar, Bhubaneswar-751013,

                   Dist:Khurda.                                                                       ...Opp.Parties

               

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    12.01.2023

Date of Order:  18.06.2024

 

For the complainant:          Mr. R.Roy,Adv. & Associates,

For the O.Ps                :        Mr.  M.R.Mohanty,Adv. & Associates.

 

Sri Debasish Nayak,President

                       

Case of the complainant as made out from the complaint petition in short is that the O.Ps are making illegal demand of money alleging the same to be outstanding against the Credit Card of the complainant bearing  number 5256118800276453.  But the complainant has urged through his petition that he had paid all the outstanding dues against his Credit Card and had requested time and again to cancel the Credit Card issued to him.  When the complainant felt that he was unnecessarily bothered by the Call centres he had blocked his Credit Card through the mobile App of the Bank.  But six months thereafter he is continuously receiving mails from the Call centre thereby asking him to pay the arrear dues.  He was advised to deposit a sum of Rs.378/- towards cancellation of his Credit Card and on 18.10.2019 he had paid the same.  But even thereafter, the complainant was receiving various SMS, e-mails etc for which he had contacted the Customer Care of the O.Ps on 25.4.2019 and had also lodged complaint to that effect asking them not to harass him further.  But the O.Ps have started demanding a sum of Rs.7063/- from the complainant which they had conveyed to him through e-mails, SMS and calls. The amount of Rs.7063/- was demanded by the O.Ps mentioning that the said amount is outstanding against his Credit Card.  Ultimately, the complainant had issued a legal notice to the O.Ps on 30.8.2022.  The O.Ps had replied to his such legal notice on 18.10.2022.  Having no other way out, the complainant has approached before this Commission with his petition seeking direction to the O.Ps not to claim any further dues from him towards his Credit Card bearing number  5256118800276453.  He has also sought for direction to the O.Ps to pay him compensation to the tune of Rs.5,00,000/- towards his mental agony and further to pay him another  sum of Rs.35,000/- towards his litigation expenses.  He has also prayed for any other relief as deemed fit and proper.

Together with his complaint petition, the complainant has annexed copies of several documents in order to prove his case.

2.       Both the O.Ps have contested this case and have filed their written version jointly.  According the written version of the O.Ps, the case of the complainant is not maintainable which is liable to be dismissed with exemplary cost.  On the request of the complainant and after entering into a contract, Credit Card facility was provided to the complainant but later, he had failed to repay the loan dues within the scheduled period for which such charges with interest as applicable was being demanded from him.  In order to avoid such payment of the arrear dues, the complainant has filed this case which according to them, requires to be dismissed with cost.  The complainant had a limit of Rs.1,20,000/- towards the use of his Credit Card and cash limit therein was for Rs.33,600/-.  The O.Ps through their written version have also urged that the request for cancellation of Credit Card does not waive out the contractual and legal obligations for repayment of arrear dues and from the accounts statement of the complainant it is quite clear that he is liable to pay the substantial amount which is due from him prior to the date of blocking of his Credit Card.  Thus, according to the O.Ps, cancellation of the Credit Card without clearing the arrear dues will not waive out the liability of the complainant in any manner.  Thus, it is urged through the written version of the O.Ps to dismiss the complaint petition as filed by the complainant.

Together with their written version, the O.Ps have annexed copies of several document in order to support their stand. 

          The complainant has filed evidence affidavit here in this case but the contents of the said evidence affidavit of the complainant when perused, it is noticed to be a reiteration of the averments as made by the complainant in his complaint petition.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no. ii being the pertinent issue is taken up first for consideration here in this case.

After perusing the complaint petition, written version, written notes of submissions as filed by the complainant as well as the copies of documents available in the case record, it is noticed that infact the complainant was provided with Credit Card facility by the O.Ps  of this case and his Credit Card account bearing number 5256118800276453 was effective till he had opted to block the same.  The contention of the complainant is that an arrear amount of Rs.7063/- was being demanded by the O.Ps from him and since he had blocked his Credit Card, such demand as made by the O.Ps was illegal, arbitrary and unilateral.  Per contra, the O.Ps have averred through their written version that the complainant while using his Credit Card has an outstanding due which was supposed to be paid by him to them,  but without doing so he had preferred to block his Credit Card through the Bank App but such blocking of his Credit Card does not waive out the liability for paying the arrear dues which has remained unpaid till he had blocked the Credit Card.  After receiving the legal notice on behalf of the complainant, the O.Ps have also replied to the same justifying their claim towards the arrear dues which is  pending and is to be paid by the complainant.

After perusal of the complaint petition, the written version as well as the documents available in the case record, it is noticed that infact the complainant had made an effort to escape from the liability of paying the arrear dues to the O.Ps which he is legally bound to pay since because the said dues were prior to the blocking of his Credit Card facility.  As such, this Commission finds no deficiency in any manner on the part of the O.Ps when they have genuinely claimed and are bonafidely entitled to recover the arrear dues from the complainant.  Thus, this issue goes against the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant cannot be said to be maintainable and the complainant is also not entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is dismissed on contest against the O.Ps  and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 18th day of June,2024 under the seal and signature of this Commission.         

 

                                                                               Sri Debasish Nayak

                                                                                       President

                     

 

                                                                          Sri Sibananda Mohanty

                                                                                             Member

 

 

 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.