Tamil Nadu

South Chennai

CC/205/2005

K.Magesh - Complainant(s)

Versus

Standard Chartered Bank - Opp.Party(s)

V.Venkadasalam.

03 Oct 2017

ORDER

                                                                        Date of Filing :   07.03.2005

                                                                        Date of Order :   03.10.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.205/2005

TUESDAY THIS  3^RD DAY OF OCTOBER 2017

 

1. K. Magesh,

S/o. Kalivaradhan,

Presently come down at

No.9, (old No.7), 51^st Street,

Ashok Nagar,

Chennai 600 083.

 

2. Era. Sadagopan,

S/o. N.Ramasamy,

NO.9 (Old No.7), 51^st Street,

Ashok Nagar,

Chennai 600 083.                                         .. Complainants

 

                                        ..Vs..

 

1. Standard Chartered Bank,

Rep.  by its Manager,

Bank Card Customer Service Centre,

Rajarajeswari Towers, 2^nd Floor,

29/30 Dr. Radhakrishnan Salai,

Mylapore, Chennai 600 004.

 

2. Brooks  Internatinal,

Rep. by its Manager,

833-E, First Street,

Anna Nagar,

Chennai 600 102.

 

3. Canara Bank,

Rep. by its Manager,

100 Feet Road,

Ashok Nagar Branch,

Chennai 600 083.                                     .. Opposite parties.

 

 

Counsel for Complainant                :    M/s. AV.K.Ezhilmani & others     

Counsel for opposite party-1          :    M/s. V.Jayachandran & Associates

For opposite party-2                    :    Exparte.

Counsel for opposite party-3          :    M/s. G.P. Kuppusamy    

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to refund the balance excess amount of Rs.14,909.32 with interest and also to pay a sum of Rs.50,000/- towards mental agony and to pay cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainants submit that  the complainant availed credit card facility extended by the 1^st opposite party.   While using the service of the credit card facility the complainants  outstanding a sum of Rs.53,260.23  as on 11.2.2003.   The complainants further state that the 1^st opposite party applied for one time settlement and was settled for Rs.40,000/- on 11.2.2003 and it should be paid on or before 25.2.2003.  The complainant has not paid the amount properly.   On 25.2.2003 the complainants issued a cheque belongs to the 2^nd complainant which was dishonoured.  Thereafter on 8.3.2003 the complainant issued Demand draft for a sum of Rs.15,000/- and a sum of Rs.25,000/-  and a sum of Rs.1000/- by cash towards the interest from 25.2.2003 to 8.3.2003.    Thereafter on the demands of the 1^st opposite party, the complainant issued a cheque for a sum of Rs.26,090.68 on 17.5.2003.    Thereafter the complainant made the representative of the 1^st opposite party and wrote a letter dated 22.3.2003 requested to refund the entire amount paid in excess.   But there was no response from the 1^st opposite party.  Accordingly the complainant issued legal notice to the opposite party on 24.2.2005  to refund the excess amount collected by the 1^st opposite party.   But till date he has not issued any cheque or demand draft.   As such the act of the opposite parties clearly amounts to gross deficiency in service & unfair trade practice  and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2. The brief averments in Written Version of  the opposite party-1 are as follows:

        The opposite party denies each and every allegation except those that are specifically admitted herein.   The opposite party submit that the credit card service extended to the complainants.   The complainants is chronic defaulter in payment of outstanding dues amounts to Rs.53,260.23 as on 11.2.2003.  Hence the opposite party invited for an oral discussions and came to conclusion that for one time settlement by way of paying Rs.40,000/- on or before 25.2.2003.   Further the opposite party state that the 1^st complainant also issued a cheque belongs to the 2^nd complainant    on 25.2.2003 which was dishonoured and returned to the 2^nd complainant.   The 1^st opposite party submit that thereafter on 2.3.2003 another cheque bearing No.742185 issued by the 2^nd complainant.   After issuing the 2^nd cheque the complainant paid the amount of Rs.40,000/- by way of demand draft towards full and final settlement.   The 1^st opposite party issued letter dated 8.3.2006 acknowledged the receipt of the amount of Rs.40,000/- + Rs.1000/- as full and final settlement.   Thereafter the complainant sent a letter dated 22.3.2003 to the 1^st opposite party stating that there was excess payment of Rs.26,090.68 and requested for refund.   It is not correct that at any point of time, the opposite party had given any promise to refund the amount of Rs.14,909.32 and calling upon the complainants to put to strict proof of the same.      Hence there is no deficiency in service on the part of the opposite party  and therefore this complaint is liable to be dismissed.

3.       Inspite of service of notice the  2^nd opposite party is called absent and set exparte.                

4.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A18 marked.  Proof affidavit of opposite parties filed and Ex.B1 marked on the side of the opposite parties.  

5.   The points for the consideration is:  

1. Whether the complainant is entitled to a sum of Rs.14,909.32  with interest at the rate of 12% p.a. as prayed for ?

 

2. Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation for mental agony with cost as prayed for ?

 

 

 

 

6.      POINTS 1 & 2:

          The complainant pleaded  in the complaint and contended that admittedly the complainant availed credit card facility extended by the 1^st opposite party.   While using the service of the credit card facility the complainants  outstanding a sum of Rs.53,260.23  as on 11.2.2003.   The 1^st opposite party applied for one time settlement as per Ex.A2 and was settled for Rs.40,000/- on 11.2.2003 and it should be paid on or before 25.2.2003.  The complainant has not paid the amount properly.  On 25.2.2003 the complainants issued a cheque belongs to the 2^nd complainant which was returned dishonoured.  Thereafter on 8.3.2003 the complainant issued Demand draft for a sum of Rs.15,000/- and a sum of Rs.25,000/- as per Ex.A4 and a sum of Rs.1000/- by cash towards the interest from 25.2.2003 to 8.3.2003.    Thereafter on the demands of the 1^st opposite party, the complainant issued a cheque for a sum of Rs.26,090.68 on 17.5.2003.  On verifying the account of the complainant has paid the entire amount as per one time settlement since the complainant paid one time settlement within the prescribed period he was compelled to pay the said amount of Rs.26090.68.  Thereafter the complainant made the representative of the 1^st opposite party and wrote a letter dated 22.3.2003 Ex.A8 requested to refund the entire amount paid in excess.   But there was no response from the 1^st opposite party.  Thereafter on 24.2.2005 the complainant issued legal notice Ex.A10 to refund the excess amount collected by the 1^st opposite party.  On 2.5.2005 & 4.5.2004 the opposite party sent an email Ex.A12 & Ex.A14.  Thereafter on 30.5.2005 the 1^st opposite party accepted to sent a Demand draft of Rs.14,909.32 but till date he has not issued any cheque or demand draft.  Hence the complainant constrained to file this case.   The act of the opposite party squarely comes under the purview of deficiency of service.

7.     The contention of the opposite party is that admittedly credit card service extended to the complainant.   The complainant is chronic defaulter in payment of outstanding dues amounts to Rs.,53,260.23 as on 11.2.2003.  Hence the opposite party invited for an oral discussions and came to conclusion that for one time settlement by way of paying Rs.40,000/- on or before 25.2.2003.  The 1^st complainant also issued a cheque belongs to the 2^nd complainant      on 25.2.2003 which was dishonoured and returned to the 2^nd complainant.    Thereafter on 2.3.2003 another cheque bearing No.742185 issued by the 2^nd complainant.  After issuing the 2^nd cheque the complainant paid the amount of Rs.40,000/- by way of demand draft towards full and final settlement.  The 1^st opposite party issued letter dated 8.3.2006 acknowledged the receipt of the amount of Rs.40,000/- + Rs.1000/- as full and final settlement.  Thereafter the complainant sent a letter dated 22.3.2003 to the 1^st opposite party stating that there was excess payment of Rs.26,090.68 and requested for refund.   On 17.5.2003 the 1^st opposite party issued a pay order for Rs.26,090.68 and promised to pay the balance of excess amount of Rs.14,909.32/- with interest at the rate of 12% p.a..  But till date the 1^st opposite party has not complied the version.   Further the opposite party contended that the claim towards mental agony is unsustainable and is exorbitant.  Considering the facts and circumstances of the case this Forum is of the considered view that  the opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.14,909.32/- with interest at the rate of 9% p.a. from the date of this complaint i.e. 7.3.2005  to till the date of this order and  also shall pay compensation of Rs.5,000/- towards mental agony with cost of Rs.5,000/- and the points are answered accordingly.

        In the result the complaint is allowed in part.  The opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.14,909.32/- with interest at the rate of 9% p.a. from the date of this complaint i.e. 7.3.2005  to till the date of this order i.e. 3.10.2017 and  also shall pay compensation of Rs.5,000/- towards mental agony with cost of Rs.5,000/- to the complainants.

 

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.    

 

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 3^rd day  of  October  2017.  

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- Jan 2001   - Copy of opposite party credit card.

Ex.A2- 11.2.2003  -  Copy of letter given by the first opposite party.

Ex.A3- 25.2.2003  -  Copy of cheque given to 1^st opposite party.

Ex.A4- 8.3.2003    - Copy of letter given by the 1^st opposite party.

Ex.A5- 7.3.2003    - Copy of receipt.

Ex.A6- 8.3.2003    - Copy of receipt.

Ex.A7- 8.3.2003    - Copy of receipt.

Ex.A8- 22.3.2003  - Copy of letter given by first complainant.

Ex.A9- 17.5.2003  - Copy of cheque Rs.26,090/- given by the 1^st opposite party.

Ex.A10-24.2.2005 - Copy of legal notice.

Ex.A11- 25.2.2005         - Copy of Postal receipt.

Ex.A12-       -       - Copy of returned RPAD cover.

Ex.A13-       -       - Copy of Ack. Card for the notice

Ex.A14- 2.5.2005  - Copy of email.

Ex.A15- 4.5.2005  - Copy of email

Ex.A16- 5.5.2005  - Copy of email sent by the complainants

Ex.A17- 8.12.2005         - Copy of notice

Ex.A18-       -       - Copy of Postal receipt.

Opposite parties’ side document: -     

Ex.B1-         -       - Copy of statement of account

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.