COMPLAINT FILED ON: 01.03.2010 <br /> DISPOSED ON: 09.09.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 9TH SEPTEMBER 2010<br /> <br /> PRESENT:- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER<br /> <br /> COMPLAINT NO.439/2010<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTY Dr. Venkataratnam,<br /> S/o C. Venkataiah,<br /> Aged about 43 years,<br /> No.5, Surya, 3rd Stage,<br /> Old Post Office Road,<br /> Pillana Garden, Lingarajapuram,<br /> Bangalore-560 084.<br /> <br /> Advocate: Smt. Ambika S.<br /> <br /> V/s.<br /> <br /> Standard Chartered Bank,<br /> Customer Care Unit,<br /> Card Services,<br /> Post Box No.8888,<br /> Chennai – 600 001,<br /> <br /> Also At:<br /> Standard Chartered Bank,<br /> ‘Serenity’ No.112,<br /> G Floor, 5th Block,<br /> Koramanagala Industrial Area,<br /> Bangalore – 560 095.<br /> <br /> Rep: by it’s the Asst. Manager – Customer Assistance.<br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA, MEMBER<br /> <br /> This is a complaint filed u/s. 12 of the C.P. Act of 1986 by the complainant seeking direction against Opposite Party (herein after called as OP) to pay compensation of Rs.18,00,000/- and interest from the date of complaint till his name is removed from defaulter list on the allegations of deficiency in service on the part of the OP.<br /> <br /> 2. Brief averments made in the complaint are as follows: <br /> <br /> The complainant availed a credit card issued by OP bearing No.4563 9810 3805 8295 and making payments of his dues regularly to OP’s authorized collector by name Mr. Ravi. The complainant wanted to close his credit card hence he approached the branch office of OP and communicated the same. The customer assistance officer of OP offered a final settlement of claim to the complainant on 28.09.2005. As per the advise complainant paid Rs.11,000/- through DD dated 30.09.2005, same was accepted by OP. In 2009 complainant wanted some credit facilities to purchase instruments for his profession. Hence complainant approached OP. He was told that he was blacklisted for non payment of the earlier credit. On enquiry complainant came to know that his credit balance not closed and account is still active. OP has not sent any statement or communication with regard to SCB card No.4563 9810 3805 8295 since 2005. On repeated requests till today OP failed to remove the name of the complainant from defaulter’s list. Inspite of issuance of notice OP neither removed his name from defaulter list nor gave any reply. Hence complainant felt deficiency in service. Thus the complainant was advised to file this complaint seeking necessary reliefs. <br /> 3. On appearance, OP filed version mainly contending that the complainant’s name / account was termed as defaulter much before he settled his account and same was intimated to the complainant time and again; As per the settlement letter, complainant ought to have paid the requisite amount on or before 28th September 2005, which complainant has failed to comply; complainant has not requested for closure of his account; complainant opted for settlement by paying Rs.11,000/- against an outstanding of Rs.18,403/-. As per the records complainant’s account is not yet settled; complainant availed credit from OP, but failed to make regular repayments resulting in the account turned NPA much before May 2005. Complainant on accepting the settlement letter paid Rs.1,000/- on 31.09.2005 and DD mentioned in the complaint was dated 01.10.2005 and same was encashed on 03.10.2005; OP gave the reply to the notice on 24.12.2009 and OP periodically informed the complainant about his account status in monthly statement of account; after lapse of 5 years complainant approached this Forum. There is no cause of action; among other grounds OP prayed for dismissal of the complaint. <br /> <br /> 4. To substantiate the complaint averments complainant filed his affidavit evidence and produced copy of the letter of settlement, receipts issued by OP, copy of notice and reply notice. On behalf of OP Sri. Shashi Kiran H.M. the power of attorney holder of OP filed his affidavit evidence and produced the copy of his power of attorney and statement of account from 18.05.2005 to 18.12.2005. Heard the arguments on both sides. <br /> <br /> 5. From the above pleadings, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No.1:- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No.2:- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. In view of the reasons given by us in the following paragraphs our findings on the above points are:<br /> <br /> Point No.1:- In Negative.<br /> Point No.2:- Negative.<br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the out set it is not at dispute that the complainant has availed a credit card bearing No.4563 9810 3805 8295 from OP. It is also not at dispute that complainant was in due of Rs.18,403/- to OP. Hence OP offered one time settlement to the complainant vide its offer of settlement letter dated 28.09.2005. As per the settlement terms complainant has to pay Rs.11,000/- on or before 28.09.2005. Admittedly complainant paid Rs.1,000/- on 30.09.2005 and Rs.10,000/- vide DD dated 01.10.2005. We have perused the settlement letter and dates mentioned on the receipts issued by OP. Complainant not produced any materials to show that OP has accepted the settlement. OP not settled the account of the complainant in respect of that credit card. OP credited the complainant’s account in respect of the payment made on 03.10.2005. Now the grievance of the complainant is that he was blacklisted and his credit balance is not closed and his account is still active. There is no communication from OP. The OP failed to remove his name from defaulter’s list inspite of receipt of legal notice. Hence complainant approached this Forum. <br /> 8. As against the case of the complainant the defence of the OP is that the name / account of the complainant was included in the defaulter’s list much before the offer of settlement, same was intimated to the complainant. Complainant was irregular in making payments. Hence OP offered for one time settlement. Complainant made the payment but not as per terms of the settlement. Complainant ought to have paid the required amount on or before 28.09.2005. The documents produced by the complainant supports the contention of the OP. <br /> <br /> 9. Further it is contended by the OP that complainant never opted for closure of account. As per the records account is not yet settled. Complainant failed to produce any documents to show that he has sought for closure of his account. Complaint is silent with regard to the date of availing the card, amount of credit availed, date of transactions etc., Person who seeks equity must do equity and come with clean hands. The contention of the complainant that OP has not replied to the notice is not correct. Complainant himself has produced the reply notice dated 24.12.2009. In the reply notice OP has clearly stated that the complainant has utilized the said card for retail transactions and has been making partial repayments towards the outstanding balance. Due to partial payment; applicable service charges are levied. The balance of Rs.47,824=04 is due by the complainant as on 24.12.2009. Complainant availed the credit card knowing fully well the terms and conditions of repayment at the time of availing the card. <br /> <br /> 10. Complainant has not produced any materials to show that he has contacted or requested OP till 07.12.2009 to close the said credit card account. After 4½ years complainant contacted OP for financial assistance and when his application for removal of his name from defaulter’s list is rejected complainant approached this Forum. Further it is contended by the complainant that OP has not sent any statement or communication. OP has produced the statement from 18.05.2005 to 18.12.2005. As per the statement complainant is in due of Rs.8,923=36 as on 17.12.2005 itself and Rs.47,824=04 as an 24.12.2009. Complainant is liable to pay interest and late fee charged etc., Complainant became defaulter and cannot claim for removal of his name from defaulter’s list and in our view defaulter cannot allege deficiency in service. Complainant failed to establish that he has paid all the dues with respect to the said credit card within the due date as per settlement; so as to remove his name from defaulter’s list. Complainant failed to establish deficiency in service on the part of the OP. Hence we are of the considered view that complaint is devoid of merits and liable to be dismissed. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is dismissed. Considering the nature of dispute no order as to costs. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 9th day of September 2010) <br /> <br /> <br /> PRESIDENT<br /> <br /> <br /> MEMBER MEMBER <br /> <br /> s.n.m. <br />