Shri Asim Kumar            Vs.           Signature Linkers Pvt. Ltd.

                                                                          Case No. 294/ 15

01.02.18

On 29.03.17 the complainant filed the copy of email dated 16.03.17 on the record according to which his credit card account had been zeroised on 15.03.17. As per his submission made on that date  grievance remains with regard to award of compensation  on account of mental pain and agony and the counsel fee. We adjourned the matter to 05.05.17 on which date none appeared on behalf of the complainant. We adjourned the matter to 18.07.17 on which date the complainant appeared in person and the case was adjourned for today. Matter has been kept pending till 12.30 (twelve thirty) p.m.  We proceed to decide the complaint.

We have gone through the pleadings.

The complainant was allegedly induced to purchase the holiday plan by OP on or about 28.06.15 on which date the OP’s employee got the HSBC credit card of the complainant swiped for Rs.73,000/- before showing the actual written contract to the complainant. Hence, according to him, he was left with no other alternative but to execute the contract and subsequent request to cancel the transaction failed. Hence, he has filed the present complaint for refund of the amount of Rs.73,000/- and compensation of Rs.5 lacs for mental, agony and harassment etc.  caused to him and his family members and Rs.2 laqs on account of litigation and other expenses.

OP is exparte.

 Exparte evidence has been filed.

 We have gone through the file. The complainant in para 1 of the complaint has stated that he is a Govt. Servant working for a Public Sector Company, Airports Authority of India. Hence, the complainant is an educated person. Before handing over his credit card in question to the employee/representative of the OP he must have understood the pros and cons and consequences of the swapping of the credit card which might perhaps require the insertion of the Pin No. of the credit cardholder.  Therefore, the complainant himself was responsible for the transaction in question to a great extent. Hence, we are not inclined to award any compensation to him on account of mental pain and agony and the counsel fee.

In view of the above discussion, we dismiss the complaint so far as the above reliefs are concerned.  Let a copy of this order be sent to the complainant through Speed Post. File be consigned to record room.

Announced on 01.02.18.