Chandigarh

DF-II

CC/501/2021

Manu Loona - Complainant(s)

Versus

Standard Chartered Bank - Opp.Party(s)

Manu Loona Adv.

18 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	501 of 2021
Date  of  Institution	:	05.08.2021
Date   of   Decision	:	18.08.2023

 

 

 

 

 

Manu Loona aged about 36 years son of Sh.Mohinder Loona, resident of H.No.212, Sector 15, Panchkula, Haryana.

             …..Complainants

 

Versus

1]  Standard Chartered Bank, SCO No.137, 138, Madhya Marg, Sector 9-C, Chandigarh 160017 through its Branch Manager

2]  Standard Chartered Bank through its Managing Director and Head Credit Cards, personal Loans, Mortgages and Payments at Crescenzo, 3^rd Floor, C-38/39, G-Block, Behind MCA Club, Bandra Kurla Complex, Bandra (East), Mumbai 400051

3]  Lifestyle Store, Landmark Group, through its Store Manager, Plot NO.178-178A, Elante Mall, Industrial Area, Phase-1, Chandigarh 160002

   ….. Opposite Parties

 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

Present :  Complainant in person

Sh.Varun Bhardwaj, Counsel for OPs No.1 & 2

Sh.Alankrit Bhardwaj, Counsel for OP No.3.

 

PER B. M. SHARMA, MEMBER

 

        Briefly stated, the complainant alleged that on being allured by the assurance of agent of the OPs No.1 & 2 about there being no yearly, half-yearly, quarterly or monthly charges except one time charges of Rs.499/-, got issued Landmark Rewards Credit Card bearing No.4622735452730998 valid from Feb.,2017 to Feb.,2022 (Ann.C-1).  The complainant availed a personal loan of Rs.1,30,000/- on the said credit card in Dec., 2017 repayable in 36 monthly installments of Rs.4500/- each.  It is submitted that after paying regularly EMIs of personal loan, the complainant visited the OP Branch to get the loan closed and as per advice of their officials, paid the outstanding amount of Rs.1,12,117/- on 4.9.2018 in the loan account of said the credit card    (Ann.C-2).  It is submitted that after about two years i.e. in August, 2020, the complainant received call from official of the OPs demanding outstanding amount towards another credit card bearing last digits “8361”, which was never applied nor received by the complainant. It is also submitted that the complainant apprised the OPs that except Landmark Rewards Credit Card bearing No.4622735452730998 valid from 02/17 to 02/22, he never applied for any other credit card and the loan availed from that card has already been repaid and thereafter he did not use it.  However, the OPs No.1 & 2 are regularly calling the complainant for recover of Rs.22,345/-.  Hence, this complaint has been preferred.

 

2]       The OPs No.1 & 2 have filed joint written version and while admitting the factual matrix of the case stated that the complainant utilized the Credit Card No.4622735452730998 and utilized the same in the year 2017-18 till 2022.  It is stated that the complainant did not clear the dues of the said credit card account and as on 15.9.2021 there is still outstanding of Rs.22,355.72 (Ann.A & B).  It is submitted that the complainant himself has applied for second credit card No.4622695281528361 vide application form submitted by the complainant vide Ann.C.  It is also submitted that since the complainant defaulted in making payment of his dues to the OPs, as a result his account was declared NPA in Feb., 2021.  It is further submitted that said dues are continued to be pending towards the complainant till date. Denying all other allegations, the OPs No.1 & 2 have prayed for dismissal of the complaint.

         The OP No.3-Lifestyle Store has filed short reply stating that answering has nothing to do with the transaction & dispute between the complainant and the OPs No.1 & 2.  It is stated that the complaint has nowhere alleged any deficiency in service against answering OP No.3 in any manner, hence it is prayed that the complaint qua OP No.3 be dismissed.   

   

3]       Rejoinder has also been filed by the complainant controverting the assertion made by OP No.1 in its reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for the OPs and have gone through the documents on record.

 

6]       The claim of the OPs No.1 & 2 that the complainant is having outstanding due of Rs.22,345/- against Credit Card No.4622735452730998 is belied from their own document Ann.A (Page 12) i.e. Account Statement dated 17.10.2018 which reflects the payment of Rs.1,12,117/- done by the complainant through NEFT on 4.9.2018, against the Total Payment Due of Rs.1,08,273/-. Thus it is proved that the complainant had already made the payment over & above the outstanding/balance against him in respect of said credit card but the OPs No.1 & 2 still prefer to carry on the balance due for the reasons best known to them. Therefore, any demand raised by the OPs against said Credit Card No.4622735452730998, is held to be unjustified. Such an act of the OPs No.1 & 2 amounts to deficiency in service & unfair trade practice on their part.

 

7]       Another claim of the OPs that new/second credit card bearing No.4622695281528361 was issued to the complainant as per the application submitted by him vide Ann.-C, is falsified from their document i.e. Ann.C (Application Form). A perusal of Ann.C shows that it is dated 20.2.2017 and against the 2017 application, how a credit card can be issued in the year 2022 after the expiry of earlier credit card which was admittedly valid from Feb., 2017 to Feb., 2022. It appears that the OPs No.1 & 2 at their own, without any consent or knowledge of the complainant tried to impose another credit card on the complainant, which is an illegal and unfair act on their part. 

 

8]       Taking into consideration the above discussion & findings, we are of the opinion that the deficiency in service as well as unfair trade practice on the part of the OPs No.1 & 2 has been proved, which certainly caused harassment, agony and loss to the complainant. Therefore, the present complaint is allowed with direction to the Opposite Parties No.1 & 2 to pay a lumpsum amount of Rs.20,000/- to the complainant towards compensation for the harassment, mental agony and loss caused to him due to their deficient service coupled with unfair trade practice as well as litigation cost.

 

         This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order.

 

9]       The complaint qua OP No.3 stands dismissed.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

18.08.2023                             

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER