DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 172/07
Dr. Mohd. Ghalib Hussain,
R/o 196/88, Gaffar Manzil Extn.,
Jamia Nagar, New Delhi - 110025 -Complainant
Vs
1. Head Northern Region,
Standard Chartered Bank
10, Sansad Marg, New Delhi
2. Standard Chartered Bank,
20, Community Centre,
New Friends Colony,
New Delhi – 110065
3. Standard Chartered Bank
Consumer Banking, Customer Care Unit,
Chennai -Opposite Parties
Date of Institution: 6.10.2006/24.01.2007 Date of Order: 24.08.2016
Coram:
N.K. Goel, President
Naina Bakshi, Member
S.S. Fonia, Member
O R D E R
S.S. Fonia, Member
Complaint was filed on 6.10.2006 before another Forum. It was transferred to this Forum vide order dated 15.1.2007 with directions to the parties to appear before this Forum on 24.1.2007.
The case of the complainant, in nutshell, is that he is said to have opened a ‘Master Savings Account’ vide No. 544-1-014055-7 by depositing Rs. 25,000/- in OP-2 Bank. He is said to have asked the OP to supply the ‘Bank Statement’ to him from the date 20.2.2004 to 8.7.2005 vide letter dated 20th December, 2004. The complainant states that he closed this account on 8.7.2005. Complainant was shocked and surprised after going through the bank statement supplied to him on 20.12.2004, which showed the transfer withdrawal of Rs. 12,735/- on 30.11.2004 and another withdrawal of Rs. 110/- as LC025 Debit Card Fee on 15.12.2004, photocopy of which is filed as Annex. A. The complainant was further surprised to receive another bank statement dated 20.6.2005 showing deduction of Rs. 827/- as LW037 ACCTT MAINT CHG JAN 05 on 27.5.2005 (Copy Annex. B). The complainant states that he never withdrew Rs. 12,735/- as shown in the statement. He made a complaint to the OPs through personal contact as well as on telephone but of no avail. Thereafter the complainant wrote a complaint to the Manager of OPs on 4.7.2005 declaring that he had never withdrawn the aforesaid money and alleged that the account was not maintained properly (copy Annex. C). This was followed by another complaint dated 6.10.2005 (Copy Annex. D). Complainant is said to have received a letter dated 15.11.2005 from the OPs denying the allegations (copy Annex. E). The complainant lodged another complaint on 22.4.06 clarifying that there were Rs. 37,210.86p lying in the above account and he had deposited Rs. 10,500/- by way of cheque on 11.11.2004 and did not withdraw any money thereafter thereby the balance should have been increased. On the contrary, his balance was shown as Rs. 23264.78p (copy Annex. F). Complainant received a reply from OPs on 28.4.2006 reiterating that account maintenance charges were levied in accordance with its schedule of service charges and refused to reverse the same (Copy Annex. G). Blaming the OPs for illegal and arbitrary action to debit the aforesaid amounts and other charges from his account and also highlighting the fact that he deposited Rs. 10,500/- on 30.12.2002 when he opened his first Master Saving Account No. 544-1-009983-2 wherein the OPs debited Rs. 100/- illegally as “1st year fees” on 11.2.2003 and again debited Rs. 750/- illegally as “Account maintenance charges” on 8.4.2003 which the OPs refused to rectify resulting in loss of Rs. 850/- to him. Feeling aggrieved by the response of the OPs in not satisfying him and pleading unfair trade practice, the complainant has invoked jurisdiction of this forum to redress his grievances by making the following prayers:
“(a) to declare the charges as claimed by the respondents are illegal, unwarranted and arbitrary;
- to pay Rs. 14,522/- for the loss incurred/suffered by the complainant for the debited amount from his above said account along with interest;
- to pay damages for the respondent’s defective services as the respondents debited the money illegally and arbitrarily from the complainant’s above said account and that too without informing the complainant which also amounts to unfair trade practices and hence the respondents are deficient on its part as the respondents did not safeguard the interest of the complainant and the respondents did not maintain the said account properly and hence the respondents did not maintain the required standard of banking. To pay for mental pain and agony, for physical harassment/hardships and also on the complainant’s futile follow-ups to the tune of Rs. 75,000/-
- to pay Rs. 1000/- for miscellaneous expenses/charges etc.
- to pay costs of the case/proceedings.
OPs have filed their written statement denying the averments made in the complaint. The complainant has been blamed by OPs to have concealed from this forum that he is also the holder of two credit cards bearing no. 4129 0473 8021 1424 issued in August 1999 and 5543 7883 8091 8139 issued in August 2002 and he was a wilful defaulter in making payments towards the aforesaid two credit cards. As per the OPs’ statement dated 28.01.2007, there was an outstanding of Rs. 2,269.46p due and payable by the complainant to the OPs. Complainant is said to have approached the OP Bank in the month of August 1999 for a credit card facility and the same was provided to him vide Visa Card bearing no. 4129 0473 8021 1424. The complainant again approached the OP Bank in the month of August 2002 for another credit card facility and the same was provided to him vide Master Executive credit card bearing no. 5543 7883 8091 8139. The OPs further state that as per statement dated 21.11.02 there was a total outstanding of Rs. 23,240.85p in both the card accounts of the complainant and the minimum payment due on the cards was Rs. 1,162.04 to be paid on or before 10.12.2002. The complainant failed to make any payment and the same was intimated to him vide statement dated 20.12.2002. Again, the complainant failed to make even the minimum payment due and the same was intimated to him on 20.2.2003. The complainant again failed to make the payment towards the credit cards and the same was intimated to him vide statement dated 21.9.2003. Upon his failure to make the payment again, intimation was given to him vide statement dated 20.10.2003. The OPs have cited Clause 21(e) of the Card Members Rules and Regulations which reads as under:
“If the Card Member has multiple card accounts, the Bank reserves the right to transfer any credit balance/payment in one card account to another card account with/without the consent of the card member.”
The complainant approached OP Bank in the month of November 2003 for saving account facilities and the same was provided to him under the “Parivaar Savings Accounts” scheme in the name of the complainant and his wife Ms. Afshan Hussain. Under this scheme the minimum average balance to be maintained has to be Rs. 25,000/-. The complainant failed to make any payments towards the said credit card after September 2003 and the OP bank was constrained to withdraw the said card facility and the same was intimated to the complainant vide statement dated 20.1.2004. Depsit of Rs. 10,500/- by means of a cheque with the OP Bank on 11.11.2004 has been denied. The OPs further state that on 30.11.2004, the OP Bank was constrained to exercise its right of set-off under Section 171 of the Indian Contract Act and as per clause 15 (d) of the Card Member’s Rules and Regulations. Accordingly, the OP Bank as per the provisions of the said Act and as per its rules and regulations, set off an amount of Rs. 12,735/- on 30.11.2004 and the said amount of Rs. 12,735/- was credited to the card account of the complainant on 30.11.2004 from the saving bank account no. 544-1-014055-7. The OPs finally in their reply in the concluding Para state that the set off was done as per the provisions of the Indian Contract Act and as per the rules and regulations of the OP Bank and there has been no deficiency on the part of the OP Bank. Accordingly, they have prayed for dismissal of the complaint.
Complainant has filed rejoinder denying the averments made in the written statement of OPs. It is submitted that “the complainant never signed any form another credit card as alleged by the OP and never used the Master Executive credit card bearing no. 5543 7883 8091 8139”. It is further stated as under:
“It is denied that it was the complainant to approach the OP in November, 2003 for saving account facilities. It is admitted that the complainant and his wife opened two accounts in their respective names.”
It is further stated as under:
“It is submitted that the O.P. debited the said amount illegally and arbitrarily. It is submitted here that the rules provided by the O.P. needs interpretation.”
Complainant has filed his affidavit in evidence. On the other hand, affidavit of Sh. Khalid Sai Fullah, Legal Officer of OP Bank has been filed in evidence.
Written arguments have been filed on behalf of both the parties.
We have heard the counsel for the complainant and Proxy Counsel for the OPs and have also perused the file very carefully and also examined all the material on record dispassionately.
Now, we straightway advert to the question, whether the relief sought by the complainant is admissible or not?
Admittedly, the complainant in his complaint has concealed the fact that he was given two credit cards by the OPs bearing no. 4129 0473 8021 1424 and 5543 7883 8091 8139. In his rejoinder, the complainant has denied use of two credit cards, but to our dismay, we find that the OP Bank has filed copies of various bank statements in respect of the two credit cards. Hence, the complainant has not approached this forum with clean hands.
The allegations of complainant that he deposited Rs. 10,500/- by cheque in the OP Bank on 11.11.2004 is bereft of any documentary evidence so much so that even the complainant has not bothered to mention the cheque no. and the bank from whom it was drawn in the bank of OPs. Therefore, this allegation of the complainant is devoid of any merit.
Another allegation of the complainant regarding transfer withdrawal of Rs. 12,735/- has been justified by the OP Bank that this amount was set-off against the outstanding balance of complainant under Section 171 of the Indian Contract Act and as per clause 15 (d) of the Card Member’s Rules and Regulations. We find that as per copy of Annex. The question of interpretation of the said rules and regulations does not arise as the language employed in Clause 15(d) is too clear to interpret. Complainant has unnecessarily tried to complicate the matter for suppressing his misdeeds in not maintaining the two accounts properly. As submitted by the complainant, the total outstanding against the complainant is Rs. 36513.55p out of which OP Bank has carried out transfer withdrawal of Rs. 12,735/- to set-off the debit balance against the complainant which is as per the law and the complainant was put to notice by the OP bank as exhibited in Annex. R-10. The averments made in Para 14 of the reply by the OPs have not been specifically denied by the complainant in rejoinder with regard to notice (Annex. R-10 of reply) which amounts to implied admission of receipt of notice of OP by the complainant.
Various charges objected to by the complainant against the OP Bank have been adequately explained by the OP Bank to the complainant through various letters, which are on record.
Viewed from above background, we hold that the OPs did not commit any deficiency in service and, hence, the complaint is dismissed with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(S.S. FONIA) (NAINA BAKSHI) (N. K. GOEL) MEMBER MEMBER PRESIDENT
Announced on 24.08.2016
Case No. 172/07
24.08.2016
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S.S. FONIA) (NAINA BAKSHI) (N. K. GOEL) MEMBER MEMBER PRESIDENT
