07/01/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

             These are the two Appeals bearing nos.1079 of 2013 and 960 of 2013 filed by the OPs against the judgment and order passed by the Learned District Forum, Alipore, South 24-Parganas in CC 191 of 2012 allowing the complaint with cost of Rs.10,000/- with the direction upon the OPs to pay compensation of Rs.50,000/- and to deposit a penalty of Rs.1 lakh with the SCWF for adopting unfair trade practice. 

            The case of the Complainants/Respondents, in short, is that they had a credit card with the OP Bank and a term deposit amounting to Rs.50,000/- for 3 years with the OP No.3.  Till 25/02/12 the Complainants had repaid about Rs.84,970/- against receiving of about Rs.49,202/-.  But suddenly the Complainants came to know that the term deposit had been adjusted with the alleged outstanding dues of the credit card account.  For the said reason, the complaint was filed before the Learned District Forum.

            The Learned Counsel for the Appellants/OPs of the complaint has submitted that the FDR was made as security for the credit card account and the borrower having failed and neglected to pay the outstanding dues, the OP Bank adjusted the amount lying with FD with the outstanding of the credit card account.  In this connection the Learned Counsel has referred to the decision reported in 2015 (2) CPR 687 (NC) [HDFC Bank & Ors. vs. Kesto Naskar] wherein it has been held that credit card holder is bound to clear outstanding dues against his credit card account. 

            The Respondents/Complainants were not present at the time of hearing of the Appeal. 

            We have heard the submission made by both sides and perused the papers on record.  From the account statement it appears that there were outstanding dues in the credit card account and the Complainant also submitted authorization letter to the Bank making the FDR as security for all the amounts in the credit card account.  Therefore, it was within the jurisdiction of the Bank to adjust the amount of FDR against the outstanding dues of the credit card account of the Complainants.  In this connection we place reliance on the decision of the Hon'ble National Commission as referred to by the Learned Counsel for the Appellants.  The Learned District Forum was not justified in allowing the complaint case. 

            The Appeals are allowed.  The impugned judgment is set aside.  The petition of complaint is dismissed.  This judgment will govern both the Appeals as stated above.