Orissa

Cuttak

CC/73/2021

Sashikanta Nayak - Complainant(s)

Versus

RBL Bank Ltd - Opp.Party(s)

R K Nayak

17 Sep 2022

ORDER

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

                                       C.C.No.73/2021

 

Sri Sashikanta Nayak,

S/O:Late Surendra Kumar Nayak,

At:Ramgarh,Nayak Bhawan,Kanika Chhak,

P.O:Tulsipur,P.S:Lalbag,Dist:Cuttack.                                                        ... Complainant.

 

                                                Vrs.

1.        The Branch Manager,

RBL Bank Ltd.,HIG-16,Jaydev Vihar,

Opp. Hotel Pal Height,Bhubaneswar,

Dist:Khruda,Odisha-751013.

 

 

1.        The Managing Director,(Corporate Office)

RBL Bank Ltd.,One World Center,

Tower 2B,6^th Floor 841,

Senapati Bapat Marg,Lower Parel(W),

Mumbai-400013,Maharastra,India.... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:     12.04.2021

Date of Order:   17.09.2022

 

For the complainant:          Mr. R.K.Nayak,Adv. & Associates.

For the O.Ps  :                                  None.

 

Sri Sibananda Mohanty,Member.

                                   

Case of the complainant as made out from the complaint petition in short is that the O.P no.1 insisted him to purchase a Credit Card.  He paid a sum of Rs.599/- to purchase the credit card and his credit card no. is 5256-1112-0256-9278.  The further case of the complainant is that he purchased the articles worth of Rs.2866/- by using the Credit Card but he received a message from the O.Ps to pay a sum of Rs.6405/-.  The complainant alleging such discrepancy in his transaction made by the bank made a complaint to the O.Ps on 11.2.21 but the O.Ps did not take any action to such grievance of the complainant but harassed him by telephoning him from different mobile numbers for a number of times to pay the said disputed amount.  Ultimately, he was forced to pay that amount.  Surprisingly, the complainant noticed that his outstanding dues increased to Rs.10,396.51p by 15.3.21 without any transaction.  The complainant intimated such discrepancy in his statement of account to the O.Ps but the O.Ps did not take any action but forced him to pay that amount.  The further case of the complainant is that after two to three days of such incident, he received another telephonic message to pay Rs.28,717.59p without any basis.  The complainant again intimated the O.P no.1 and enquired from him about such outstanding dues as he had not transacted in the meantime.  But the O.P No.1 remained silent as usual without answering the complainant, but sent the statement of account from 15^th Februay,2021 to March,2021  to the complainant, which reflects the outstanding amount as Rs.28,717.59p.  The complainant has alleged that account statement has been prepared without any basis as he had not used that Card.  The complainant’s repeated approach to the O.Ps to correct the accounts statement did not yield any result. Hence, the complainant has filed the present case with a prayer for a direction to the O.Ps to declare the disputed amount i.e. Rs.28,717.59p as illegal and waive out the same, so also to pay a sum of Rs.2,00,000/- as compensation towards his mental agony and a sum of Rs.15,000/- towards his litigation expenses.

            The complainant in order to prove his case has filed xerox copy of some documents.

2.         The O.Ps have neither appeared nor contested the case, hence, they are set exparte.

3.         Keeping in mind the averments as made in the complainant petition and the documents available in the case record, this Commission feels it proper to settle the following points in order to arrive at a proper conclusion.

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 ?

Point no.i.

            The complainant has purchased the Credit Card from the O.Ps on payment of Rs.599/- bearing no. 5256-1112-0256-9278.  Hence he is a consumer under the C.P.Act,2019 and the complaint case is maintainable.

 Point no.ii.

            O.P no.1 had insisted the complainant to purchase a Credit Card from him and the complainant purchased the Credit Card bearing No.5256-1112-0256-9278 and paid a sum of Rs.599/- for that purpose.  By using that Credit Card, the complainant purchased articles worth of Rs.2866/- but the O.Ps gave a statement to the effect that he had purchased articles worth of Rs.6,405/-.  Due to such discrepancy, the complainant had complained before the O.Ps about the enhancement of the purchased amount but the O.Ps did not take any steps to that effect.  The complainant petition as well as the statement of account reveals that the outstanding dues, of the complainant was Rs.28,717.59p by the end of 15^th March,2021 but the complainant had used his Credit Card once to purchase the articles worth of Rs.2866/- only .  The complainant had approached the O.Ps by way of e.mail as well as phone calls to redress his grievance by correcting the outstanding dues, but the O.Ps did not take any steps for correcting his outstanding dues.  The complainant’s plea remains unchallenged.  In view of the above, undoubtedly the O.Ps have committed deficiency in rendering service to the complainant.

Point no.iii.

            In view of the discussions as made above, it is concluded that the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                                            ORDER

            The case is allowed exparte against both the O.Ps, who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to revise the account statement of the complainant.  They are further directed to pay a sum of Rs.50,000/- towards the mental agony as well as a sum of Rs.10,000/- towards litigation expenses to the complainant within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 17^th day of   September,2022 under the seal and signature of this Commission.           

                                                                                                                                                       

                                                                                                                                      Sri Sibananda Mohanty

                                                                                                            Member

                                                                                                                 

                                                                                               Sri Debasish Nayak

                                                                                                            President