District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.126/2022.
Date of Institution: 07.03.2022.
Date of Order: 14.11.2023.
Sanjay Kumar aged about 40 years son of Shri Gajraj Singh R/o House No. 95, Gali No.1, Padam Nagar, Khri Kalan, Faridabad, Distt. Faridabad, Haryana, Aadhar No. 317383856039, mobile No. 9871365191.
…….Complainant……..
Versus
1. RBL Bank Ltd. (Credit Card Division) Unit 306-311, 3rd floor, JMD Megapolis, Sohna Road, Sector-48, Gurugram – 122018, Haryana through its Branch Head/Principal Officer.
2. RBL Bank Ltd. Having its branch office at Shop No. G01 to G05 and G09 to G10, SCO No. 101, Sector-16, Faridabad – 121002 Haryana through its Branch Head/Principal Officer.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Vishvendr Attri, counsel for the complainant.
Sh. Jitender Kumar Gumbar, counsel for opposite parties Nos.1 & 2.
Opposite party No.2 ex-parte vide order dated 30.05.2022.
ORDER:
The facts in brief of the complaint are that the complainant was holding a credit NO. 5256 1112 0429 9429 of the opposite parties and using the same since long time and paying the regular bill to the opposite parties as and when raised by the opposite parties. In the month of November 2021 the opposite parties had raised a total bill of Rs.35,399/- against the above credit and the due date for payment was fixed for 01.12.2021. The complainant paid an amount of Rs.35,399/- through online payment to the opposite parties regarding the outstanding bill against the above credit card on 28.11.2021 vide UPI ref. No. 133228823935 but on the App of RBL the outstanding was indicating Rs.35,399/- regarding the above credit card then the complainant contacted the customer care of the opposite parties then they informed to the complainant that his credit card outstanding amount had been converted into EMI. The complainant shocked and surprise to know when the complainant had paid the total outstanding prior the due date so how the opposite parties had converted the outstanding amount in EMI without any instruction and knowledge of the complainant. The complainant several times contacted the opposite parties and requested the opposite parties to cancel the EMI loan and issue the fresh outstanding of the above credit card but the opposite parties were deferring the legitimate request of the complainant on one pretext or the other and did not cancel the above EMI in respect of the above credit card.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) to cancel the EMI of Rs.35,399/-, refund the charges regarding EMI and issue fresh outstanding bill in respect of credit card No. 5256 1112 0429 9429.
b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant was issued the Platinum Plus Supercard upon signing requisite application form, declaration etc. At this juncture, it was pertinent to mention that at the time of availing of the above mentioned credit facility of the opposite parties, the details of the financial charges and interest to be debited were clearly informed to the complainant and a copy Most Important Terms and Conditions and Credit Card Membership Agreement was given to the complainant. It was further submitted that the said terms and conditions were duly accepted by the complainant. It was further submitted that as per the statement dated 12.11.2021 the complainant was liable to pay the outstanding amou8nt of Rs.35,398.23/- the due date of which was December 2,201. On 14.11.2021, the opposite parties in their normal course of business through the SMS made an offer to the complainant to convert the outstanding balance of Rs.35,399/- to 12 months EMI of Rs.3363/- each. It was submitted that the complainant accepted the said offer by giving a missed call on the mobile No. 8448098816 on 19th of November 2021 at 02:14 p.m. and in furtherance of the same the outstanding balance eof the complainant was converted into EMIs. It was further submitted that the said factum was even admitted by the complainant during the telephonic conversation with the customer care executive of the opposite parties on 19th of November 2021 itself on 02:22p.m. During the said telephonic conversation the complainant made certain inquiries regarding the above said outstanding amount and had also specifically admitted that the complainant had given a missed call for acceptance of the above mentioned conversion scheme and had asked the executive of the opposite party to cancel the conversion of the said outstanding amount into EMIs. However, as the request for conversion in EMIs was made by the complainant minutes before the said communication hence, he was duly informed that at that point of time the request of the complainant for cancellation of the EMIs conversion could not be processed. The complainant had made the payment of Rs.35,399/- on 28.11.2021, however, since the complainant had already converted the outstanding balance into EMIs by availing the offer of the opposite parties, the payment made by the complainant was duly approached the credit of the extra payment made by the complainant was duly provided to the complainant. It was further submitted that the complainant after being acquainted with the interest charges on the EMI, on 16.12.2021 contacted the opposite parties on their customer care number and raised certain queries and requested to close the EMI the complainant was duly informed that if he wanted to pre-close the EMIs then he would be required to pay the charges for the same. However, the complainant refused to pay any such charges and repeatedly only demanded to close the EMIs despite the fact that the executive of the opposite parties tried his best to make the complainant understand that the EMIs would not be pre-closed without the payment of pre-closure charges. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties–M/s. RBL Bank Ltd. & Anr. with the prayer to: a) to cancel the EMI of Rs.35,399/-, refund the charges regarding EMI and issue fresh outstanding bill in respect of credit card No. 5256 1112 0429 9429.
b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment. c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.PW/A1 – affidavit of Sanjay Kumar,, Ex.PW-1 – legal notice,, Ex.PW-2 – postal receipt,, Ex.PW-3 – card, Ex.PW-4 – Platinum Plus Super Card,, Ex.PW-5 – Money paid on 28.11.2021, Ex.PW-6 – Account statement for the account 3179000101782881, Ex.PW-7 – Adhaar card,
On the other hand counsel for the opposite parties strongly agitated
and opposed. As per the evidence of the opposite parties Ex.RW-A1 – affidavit of Paras Tanwar, Assistant Manager, RBL Bank Limited, office at Building No.1, Okhla Phase III, Near Modi Mill, New Delhi, Ex.RW-1/A – power of attorney,, Ex.RW-1/B – terms and conditions.
6. As per Ex.PW-3, the complainant is hold a credit card No. 5236 1112 0429 9429 of the opposite parties, It is evident from PW-4, opposite parties raised a bill of Rs.35,399/- against the above credit card and the due date for payment was fixed for 01.12.2021. The complainant paid an amount of Rs.35,399/- through online payment to the opposite parties regarding the outstanding bill against the above credit card on 28.11.2021 vide UPI ref. No. 133228823935 vide Ex. PW-5.
7. Keeping in view of the above submissions, the Commission is of the opinion that the due date of the credit card for the payment is fixed for 01.12.2021 and the complainant has made the payment online on 28.11.2021 vide UPI ref. No. 133228823935 vide Ex. PW-5. There is no question of EMI arose when he has made the payment earlier before the fixed date. This shows the deficiency in service on the part of the opposite party. Hence, the complaint is allowed.
8. Opposite parties Nos.1 & 2, jointly & severally are directed to process the claim of the complainant within 30 days from the date of receipt of the copy of order. Opposite parties Nos.1 & 2 are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 14.11.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
