Order by:

Sh.Amrinder Singh Sidhu, President

1. The complainant  has filed the instant complaint under section 35 of  the Consumer Protection Act, 2019 on the allegations that complainant is using the service of credit card facility issued by opposite parties from the last more than twenty years. He is the regular user of the credit card and use to pay all his bills, through the credit card bearing no.4335 8764 4904 6177 with credit limit of more than Rs.2,00,000/-. On 04.10.2019, the complainant has paid the bill amount of Rs.10,005/- to Hotel Aju Palace, Neemrana through his credit card and the entry of the same has been duly showed in the bill circle of the said credit card for the month of October, 2019. Due to negligence on the part of the opposite parties the entry of Rs.10,005/- dated 04.10.2019 was again showed in the bill circle of December, 2019 and the opposite parties debited the amount of Rs.10,005/- second time, out of the credit limit of the complainant of the same bill which was already paid by the complainant in the month of October, 2019 to Hotel Aju Palace, Neemrana. The complainant immediately intimated about the mistake done by the opposite parties through email on 08.01.2020 and requested the opposite parties to immediately reverse the amount of Rs.10,005/- which was debited second time out of the credit limit of the credit card. But the opposite parties refused to pay back the amount of Rs.10,005/- to the complainant. The opposite parties claim the interest at the rate of 42% per annum, if there is any fault on the part of the consumer to pay the bill of the credit card. So, to avoid any issues, the complainant paid second time for the same transaction of Rs.10,005/-. The complainant is regularly paying the bills of the said credit card and till today no default or delay has been occurred on the part of the complainant to pay the bills of the said credit card. As per the guidelines and regulations of the Reserve Bank of India, the opposite parties are bound to provide fair services to the complainant. Hence this complaint. Vide instant complaint complainant has sought the following reliefs:-

a)       Opposite parties may be directed to pay the amount of Rs.16,308/- along with interest @ 42% per annum.

Further submitted that the Merchant i.e. Hotel Aju Palace Neemrana raised the same transaction twice, firstly on 05.10.2019 and then on 25.11.2019 both for the amount of Rs.10,005/- and the transactions have been settled by the opposite parties. Moreover, when complainant approached the opposite parties, it was advised complainant to give consent so that card can be blocked and dispute can be raise, however Opposite Party not in receipt of any communication in this regard. Hence, there was no occasion for the Opposite Party not to demand the amount from the complainant. Further submitted that the complainant sent the email after much delay and after passing of the time frame to intimate the dispute. Further he was duly replied vide email dated 08.01.2020 as well as 05.03.2020 and told him the true facts, but the complainant is hell bent to harass the opposite party and has filed this false and frivolous complaint without any fault of the opposite party. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint is made.

5.       We have heard the ld.counsel for the parties and gone through the documents placed on record.

6. Ld. counsel for the complainant contended that complainant is having credit card bearing no.4335 8764 4904 6177 with credit limit of more than Rs.2,00,000/- of opposite parties. On 4.10.2019, the complainant has paid the bill amount of Rs.10,005/- to Hotel Aju Palace, Neemrana through his credit card and the entry of the same has been duly showed in the bill circle of the said credit card for the month of October, 2019. Due to negligence on the part of the opposite parties the entry of Rs.10,005/- dated 04.10.2019 was again showed in the bill circle of December, 2019 and the opposite parties debited the amount of Rs.10,005/- second time, out of the credit limit of the complainant of the same bill which was already paid by the complainant in the month of October, 2019 to Hotel Aju Palace, Neemrana. The complainant immediately intimated about the mistake done by the opposite parties and requested the opposite parties to immediately reverse the amount of Rs.10,005/- which was debited second time out of the credit limit of the credit card. But the opposite parties refused to pay back any amount to complainant. So, in compelling circumstances, the complainant has to pay second time for the same transaction.
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9.       Keeping in view of the aforesaid facts and circumstances, we are of the view that the  instant complaint against opposite parties is not maintainable and the same stands dismissed. However, the complainant is at liberty to get redressal of his grievances after impleading the proper parties, in accordance with law. The time spent before this District Commission shall stand excluded under Section 14 of the Limitation Act in the light of the judgment of the Hon'ble Supreme Court in case titled 'Lakshmi Engineering Works vs PSG Industrial Institute reported in 1995(3) SCC 583'. However, keeping in view the peculiar circumstances of the case, the parties are left  to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

10.     Reason for delay in deciding the complaint.

          This complaint could not be decided within the prescribed period because the government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.

Announced in Open Commission.