FMC Fortune Building, 234/3A, A.J.C. Bose Road, Kolkata-20, P.S. Maidan. ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.                                                        

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.    32   Dated  24/01/2013.

Smt. S. Basu, Member.

            In the instant case o.ps. are the non-banking financial institution where o.p. no.1 is the head office and o.p. no.2 is the branch office and the o.p. no.2 branch office is territorial jurisdiction of the o.p. no.1.

                In a nutshell, the case of the complainant is that being influenced by the representative of o.ps. to receive and to avail the credit card of o.ps. the complainant took a credit card and that effect the o.ps. issued one credit card vide no.4317 5752 2447 6417 in favour of the complain ant upon payment of all requisite fees and all formalities and started using the said credit card and started to pay the due amount according to the bill generated by the o.ps. It is submitted by the complainant that the original agreement and other relevant papers and documents were in custody of the o.ps. which was kept by the o.ps. after execution and no copy of the documents and/or agreement has been served to the complainant till the date of filing the instant case.

                In Feb.2009 the complainant discovered and shocked that the exorbitant rate of interest 3.35% per month, levied against referred cards which compounded to 40.2% per annum including services taxes, finance charges, educational cess and this caused financial disaster of the complainant.

                Thereafter, the complainant has no alternative but to file the instant case before this Forum and he has prayed for relief as mentioned in the complaint petition.

                O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. counsel for the o.ps. interalia has stated that the instant case lacks of jurisdiction to entertain in this Forum and the case has no merit and the same is liable to be dismissed inlimini.

Decision with reasons:

                We have gone through the pleadings of the parties, evidence and documents in particular. It appears to us that admittedly the complainant obtained a credit card from the o.ps. and the aforesaid card was used by him and he paid time to time the outstanding amount to the o.ps.

                Before entering to the merit of the case it is needed to be mentioned that as the o.p. no.2 is the branch office of o.p. no.1 and the address of o.p. no.2 is very much within the territorial jurisdiction of this Forum, we are strongly of the opinion that as per the COPRA, 1986 the instant case is very much adjudicable by this Forum. From the record of the instant case it appears that the statements of account in relation to the credit card in question were not sent to the o.ps. regularly and o.ps. also have not established that they were regular in sending the statements regularly by any cogent evidence. In this regard, we are of the opinion that being service provider, o.ps. were duty bound to send the statement of account regularly but they have neglected to the same and this inaction of o.ps. tantamounts to deficiency in service as per provision of the COPRA, 1986.

                It is also observed by this Forum that o.p. had raised the outstanding bill against the credit card in question amounting to Rs.78,942.82 on which was disputed by the complainant immediately. Considering pros and cons of the entire facts and circumstances we are of the opinion that the complainant is liable to pay the outstanding amount with simple interest @ 18% p.a. upto the date of sending legal notice dt.22.5.099 on behalf of the complainant. in this regard we are referring the remarkable judgment of Hon’ble National Commission.  

                Hence, ordered,

                That the case is allowed on contest with cost against both the o.ps. Both o.ps. are jointly and/or severally directed to pay Rs.7000/- (Rupees seven thousand) only to the complainant towards the compensation for harassment and mental agony of the complainant due to deficiency in rendering service of the o.ps. and are also directed to pay Rs.3000/- (Rupees three thousand) only as litigation cost. All the aforesaid payment should made by o.ps. jointly and/or severally within 30 days from the date of communication of this order.

                O.ps. are jointly and/or severally directed to send the statement of account of outstanding amount upto 22.5.09 along with simple interest @ 18% p.a. within 30 days from the date of communication of this order and complainant is directed to pay that amount to o.ps. within 15 days from the date of receiving of the statement, sent by o.ps.

                The complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

                Supply certified copy of this order to the parties free of cost.