1.     This is an appeal filed by the complainant against order dated 24.12.2009 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (for short hereinafter to be referred as District Forum) passed in complaint case No.1167 of 2009.

2.     The brief facts of the case are that in the month of July, 2005, the complainant got Balance Transfer Offer of Rs.30,000/- from his credit card to other bank i.e. Citi Bank and the said amount was transferred by the OP bank vide letter dated 16.7.2005. The installment of 36 months of Rs.995/- (total amount of Rs.35,820/-) was fixed to be paid by the complainant from July, 2005 to July, 2008. The complainant deposited an amount of Rs.14,950/- from 2005 to July, 2007 which was deducated from his bank account and the OP bank also collected an amount of Rs.50,423/- through their agent from the complainant. It was stated by the complainant that in February, 2008 a recovery team of OP was approached the complainant and threatened him that non-bailable warrants have been issued against him from Delhi Court and at the same time the recovery team gave a proposal of settlement of accounts upto Rs.40,000/- against Rs.55,558.67 paise. The complainant signed the proposal letter of settlement of account and gave Rs.40,000/- to the recovery team of OP bank. Later on the complainant came to know that against total amount of Rs.35,820/-, the amount of Rs.65,373/- had already been recovered by OP bank. After noticed by the complainant that he had paid excess amount of Rs.34,525/- to OP bank, he contacted OPs No.1 and 2 several times to refund the excess amount but no positive response was sent by the OP bank till date.  On the above said act of the OPs amounts to deficiency in service and unfair trade practice. Hence, the complaint was filed. 

3.        Reply was filed by the OPs in which the OPs submitted that the payment was required to be made in accordance with the terms and conditions of the credit card which the complainant failed to abide and had not produced on record, the monthly statement of accounts in respect of the said credit card. OPs pleaded that the amount paid by the complainant to the OP bank as on 19.2.2008 was Rs.55,558.67 paise and after that it was mutually agreed between the parties that on payment of Rs.40,000/- the OP bank was ready to settle the dues payable by the complainant to the OP bank in full and final, though an amount greater than the same was payable to the bank. The amount paid by the complainant in accordance with the letter of settlement and the settlement agreement had been signed by the complainant himself, after which the account of the complainant was settled in full and final.  Rest of the allegations made by the complainant in the complaint have been denied and prayed for dismissal of the complaint with costs.

4.     The parties led their evidence in support of their contentions.  

5.     The District Forum dismissed the complaint as there was no merit in the complaint.

6.        Aggrieved by the order of District Forum, the present appeal has been filed by the complainant. We have heard Sh.Ajit Singh, learned counsel for the appellant and perused the record.

7.     The learned counsel for the appellant has argued before us and we heard patiently ; from the perusal of the documents and the impugned order passed by the learned District Forum, we have come to know that on 19.2.2008, an amount of Rs.55,558.67Ps was due on the account of transfer of the loan facility as well as credit card facilities which were duly availed by the complainant. For this due amount of Rs.55,558.67 paise the complainant and the OP bank mutually agreed that the complainant will pay an amount of Rs.40,000/- in lumpsum to the OP bank as full and final settlement which is duly paid by the complainant to the OP bank as full and final settlement. Moreover the complainant has not placed on record any document/evidence by which conclusion can be drawn that the recovery team of the OP bank approached the complainant at his residence and threatened him to pay Rs.40,000/- and sign it as a full and final settlement. Hence, we do not find any force in the appeal. Accordingly, the same is dismissed in limine and the impugned order passed by the District Forum is upheld being just, fair and legal.

8.        Copies of this order be sent to the parties, free of charge.