DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
UDYOG SADAN, C-22 & 23, QUTUB INSTITUTIONAL AREA
(BEHIND QUTUB HOTEL) : NEW DELHI – 110016.
Case No. 904/06
Mr. Anuj Gulati
502, Vishal Bhawan, Nehru Place,
New Delhi - Complainant
Vs
Legal Officer,
M/s Standard Chartered bank,
Parliament Street,
New Delhi - Opposite Party
Date of Institution: 30.09.2005 Date of decision: 29.03.2016
Coram:
N.K. Goel, President
Naina Bakshi, Member
O R D E R
The complainant has filed the present complaint against the OP pleading deficiency in service and unfair trade practice while dealing with his visa credit card for the following reliefs:
“(1) The Hon’ble District Forum be pleased to pass orders for summoning of all records relating to payments and correspondence between the complainant and the Defendant Company since 01.10.2003 or earlier as the Hon’ble Forum deems fit.
(2) The Hon’ble District Forum be pleased to pass permanent orders restraining the Defendant Company, M/s Standard Chartered Bank and its representatives, to hereinafter desist from and discontinue harassing the Complainant by unfair/unlawful methods including contracting the Complainant by telephonic or other means except through written communication sent by Govt. Speed Post/mail.
(3) The Hon’ble District Forum be pleased to Grant relief U/S 14 1 (c ) and pass orders for refund of payments made in excess of purchase since 01.10.2003 made by the Complainant to the Defendant Company.
(4) The Hon’ble District Forum be pleased to grant relief U/S 14 1 (d) and pass orders for Punitive Compensation to the extent of Rs. 50,000/- for harassment and mental torture.
(5) The Hon’ble District Forum be pleased to Grant relief U/S 14 (1) (e) and pass orders against the Defendant Company to hereinafter desist from and discontinue levy of unfair/unlawful charges, penal interest, “interest on interest” and unfair trade practice to the Complainant and other customers.
(6) The Hon’ble District Forum be pleased to Grant relief U/S 14 (1) (i) and pass orders against the Defendant Company to refund to the Complainant the costs of this litigation and any other.
(7) The Hon’ble District Forum be pleased to pass permanent orders restraining the Defendant Company, M/s Standard Chartered Bank and its representatives, from sharing, parting, disclosing in any way to any Bank, C redit Company, Credit Rating Agency or any other person any information regarding the Complainant or his account except with the Complainant express written permission and consent.”
In the reply, the OP has inter-alia stated that the present case is civil in nature and requires detailed evidence, examination and cross-examination of the parties which is necessary for the proper adjudication of the issues allegedly raised by the complainant and, therefore, this Forum has no jurisdiction to entertain the present complaint and to try it in a summary manner.
In the rejoinder the complainant has inter-alia stated that there is no commercial contract between the parties and, hence, this forum has the legal powers to adjudicate the present complaint.
Affidavits in evidence have been filed on behalf of the parties.
Written Arguments have also been filed on behalf of the parties.
We have heard the complainant in person and have also carefully gone through the record.
From a perusal of the prayers made in the prayer clause of the complainant itself it becomes abundantly clear that the matter in question requires summoning of records pertaining to payments and correspondence between the complainant and the OP since 1.10.2003 and, hence, to give opportunities to the parties to adduce their respective evidence and to cross-examine each other’s witnesses. Whether or not the permanent restraint order as prayed for in the prayer clause can be passed by this Forum is also a matter to be decided on the merits of the case. Therefore, in our considered opinion, the matter in question cannot be decided in a summary manner. Therefore, we hold that the appropriate and efficacious remedy for the complainant was/is to file a civil suit for getting the issues determined. Therefore, we hold that this Forum has no jurisdiction to entertain the present complaint.
The complaint is, accordingly, dismissed on this ground alone.
Copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Announced on 29.3.2016
Case No. 904/06
29.3.2016
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
