Per Shri Narendra Kawde – Hon’ble Member:
(1) This appeal is directed against the order dated 11.08.2011 in Consumer Complaint No.81/2011 (Vijay Anand Kusale V/s The Manager, I.C.I.C.I. Bank, Credit Card Depat. & Anr.), passed by the District Consumer Disputes Redressal Forum, Thane . While partly allowing the consumer complaint of the present Respondent/Complainant, District Forum directed the Appellant/Opponent Bank to pay an amount of `2,000/- for mental agony and `2,000/- as cost of litigation within a period of three months from the date of impugned order. Further, it was also directed that if the said amount is not paid within the prescribed period it will carry interest @12% per annum till realization of the amount.
(2) Aggrieved with the impugned order, the Appellant/Opponent Bank preferred this appeal on the ground that the credit card issued to the Respondent/Complainant was having upper credit limit of `37,000/- whereas the said credit facility was used by the card holder leading to huge arrears and with no regular payment of dues. There was no settlement as alleged by the Respondent/Complainant reached between the parties to accept only `11,000/- as full and final settlement. There is neither communication nor any discussion transpired between the parties. The Respondent/Complainant has been using the credit facility over and above the credit limit accumulating to the arrears of `59,928.45 as on March 28, 2011. The Respondent/Complainant never paid or settled the dues on account of use of credit card facility in excess of credit limit permissible under the said credit card.
(3) Ld.Advocate fof the Appellant/Opponent Bank submitted that the credit facility was grossly misutilized by the Respondent/Complainant and never settled the dues on time. He has been in huge arrears of `59,928.45. No settlement whatsoever as alleged by the Respondent/Complainant to accept `11,000/- as full and final payment had taken place with the Appellant/Opponent. Yet the Ld.District Forum without going into the merit of the case passed the impugned order not to press for any recovery from the Respondent/Complainant and ordered to pay an amount of `4,000/- mental agony and cost of litigation (`2,000/- on each account) with interest @12% per annum.
(4) The Respondent/Complainant present in person was heard, who tried to establish that the settlement to pay `11,000/- as against the entire outstanding dues was reached between him and the Appellant/Opponent with the mediation of Vaishnavi Associates, J.B. Nagar, Andheri, the Agent of the Appellant/Opponent, but such a statement is neither on record placed before us nor there is any documentary evidence in support of his contention placed on record. The detailed account placed on record by the Appellant/Opponent reveals datewise account of arrears effective from 28th May, 2007 to 28th March, 2011 which concludes that the Respondent/Complainant was in arrears of `59,928.45 till 28th March, 2011. There is no rebuttal whatsoever on behalf of the Respondent/Complainant. In the circumstances, we find that appeal is based on substantive merit and the order under challenge passed by the District Forum deserves to be quashed and set aside. We hold accordingly and pass the following order:
O R D E R
(i) Appeal is allowed.
(ii) Impugned order passed by the District Forum in Consumer Complaint No.81/2011 is hereby quashed and set aside. In the result, consumer complaint stands dismissed.
(iii) Parties to bear their own costs.
Pronounced on 26th July, 2012.
