Kerala

Thiruvananthapuram

CC/129/2022

Jijo - Complainant(s)

Versus

RBL Bank ltd - Opp.Party(s)

30 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

PRESENT

                                     SRI.P.V.JAYARAJAN        : PRESIDENT

        SMT.PREETHA.G.NAIR    : MEMBER

                                    SRI.VIJU.V.R.                 : MEMBER

CC.NO.129/22 (Filed on :08/04/2022)

ORDER DATED : 30/01/2023

COMPLAINANT

Jijo.G

Kakkaramele veedu,

Vandithadam, Kunnathukal,

Karakkonam.P.O

Pin - 695581

(Party in person)

VS

OPPOSITE PARTY

 

RBL Bank Ltd,

One World Centre, Tower 2B,

6^th Floor, 841, Senapati Bagat Marg,

Lower Parel (W), Mumbai – 400013, India

(Exparte)

ORDER

SRI.VIJU.V.R                 : MEMBER

1.       This complaint is filed under section 35 of Consumer Protection Act 2019. The brief facts of the case is that on 2021 January onwards the complainant was a customer of Bajaj Finserv RBL Credit Card. The complainant paid Rs.15,678/- (Rupees fifteen thousand six hundred and seventy eight only) due amount as final settlement demanded by the executive of the opposite party. But after that bills were issued to the complainant and now the opposite party is demanding to pay Rs.18,805/- (Rupees eighteen thousand eight hundred and five only). The executive of the opposite party is making calls from different phone numbers and mentally harassing the complainant. The act of opposite party amounts to unfair practice, hence this complaint.

2.       Even though the opposite party received notice; the opposite party did not appear before this commission and opposite party was set exparte.

3.       Issues to be ascertained:

1. Whether there is any unfair trade practice from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

4.       Issues (i) and (ii)

          The complainant has produced affidavit and has produced one document which was marked as Ext.A1. It is evident from Ext.A1 that the complainant has paid an amount of Rs.15,678/- (Rupees fifteen thousand six hundred and seventy eight only). The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. The complainant has not produced any evidence to prove the relief numbers 2, 3 & 4. Hence these reliefs are not allowed. From the documents produced by the complainant, we find that the complainant has succeeded in proving relief numbers 1 & 5. The act of the opposite party amounts to unfair trade practice, hence the opposite party is liable to compensate the complainant.

In the result, complaint is allowed. The opposite party is directed to waive any amount due from the complainant and directed to block the RBL credit card in the name of the complainant and also give the statement regarding Rs.15,678/- (Rupees fifteen thousand six hundred and seventy eight only) and pay Rs.15,000/- (Rupees fifteen thousand only) as compensation to the complainant for the mental agony suffered by the complainant and pay Rs.2,500/- (Rupees two thousand and five hundred only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum from the date of order till realization.

               A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 30^th day of January 2023.

 

                                                                                         Sd/-        

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                            Sd/-      

  PREETHA .G.NAIR: MEMBER

 

                                                                                               Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.129/22

List of witness for the complainant

PW1                      - Jijo.J

Exhibits for the complainant

Ext.P1                   - Copy of card statement

 

 

List of witness for the opposite party - NIL

 

Exhibits for the opposite party          - NIL

 

Court Exhibits                                   - NIL

 

 

 

                                                                                             Sd/-

                                                                                      PRESIDENT