Tamil Nadu

South Chennai

338/2011

S.Krishnan - Complainant(s)

Versus

Standard Chartered Bank - Opp.Party(s)

M.P.Mohandass

08 Mar 2019

ORDER

                                                                        Date of Filing  : 25.11.2011

                                                                          Date of Order : 08.03.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. 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., PGDCLP.                : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER-II

 

C.C. No.338/2011

DATED THIS FRIDAY THE 08^TH DAY OF MARCH 2019

                               

S. Krishnan,

S/o. Mr. Subramanian,

No.22/14, C-2, Raj Flats,

Balakrishna Road,

Mylapore,

Chennai – 600 004.                                                       .. Complainant.                                                  

..Versus..

 

Standard Chartered Bank,

Represented by its Manager,

Cards Services Centre,

Raja Rejeswari Towers,

No.29-30, Dr. Radhakrishnan Road,

Chennai – 600 004.                                                    ..  Opposite party.

 

          

Counsel for the complainant     :  Mr. M.P. Mohandass

Counsel for the Opposite party :  M/s. S. Vasudevan & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to issue ‘No Due Certificate’ and to pay a sum of Rs.1,00,000/- towards compensation for deficiency in service, damages and for mental agony suffered by the complainant.

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

The complainant submits that the opposite party’s officials approached the complainant and canvassed for credit card facility in the year 1993.   The complainant availed the credit card Account No.4563982300000981 with a limit of Rs.12,000/-.  The complainant has made payment without any default.   From 2003 onwards, the opposite party created problems against the complainant by way of making wrong entries in the statement of accounts.  While informing the said facts of wrong entireties, the opposite party assured to rectify the mistake but has not taken any effort for rectification.  Similarly, the opposite party has not issued receipt for payment on several occasions. On 02.11.2003, the opposite party sent a letter stating that an amount of Rs.42,585.21 is due.   Immediately, the complainant protested and claimed for rectifying the wrong entries.  While so, the opposite party converted the 2 cards No.5543 7482 8600 9672 and 5543 7586 8224 2694 and on payment, the opposite party blocked the cards on 01.10.2003.  Thereafter on 16.04.2004, the opposite party sent an offer letter for settlement of accounts and agreed for such settlement at Rs.45,000/- mutually and paid the said amount in six instalments at the rate of Rs.7,500/- each on 07.05.2004, 11.05.2004, 10.06.2004, 10.07.2004, 10.08.2004 & 10.09.2004.   But the opposite party has not issued any ‘No Due Certificate’.   The complainant submits that even after the settlement and payment on 27.11.2009, the opposite party sent a statement of accounts showing a sum of Rs.42,585.60/- was due.  While questioning about the same by the complainant to the opposite party’s Manager, he assured to ignore the statement.   Again on 10.08.2011, the opposite party sent their collection agent demanding a sum of Rs.22,000/- as due without any statement.  Hence, the complainant filed a Civil suit in O.S. No.7391 of 2011 before the Hon’ble City Civil Court, Chennai and due interim injunction was granted. The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The opposite party states that the complainant has availed credit card in the year 1983 viz No.5543 7482 8600 9672 and a supplementary card No.5543 7586 8224 2694.  The opposite party states that the settlement of account on payment of Rs.45,000/- was not mutually  agreed.   Hence, the ‘No Due Certificate’ was not issued.  The opposite party states that the complainant was issued one master Classic Card No.5404 6070 1017 4649 in August 1995 and a Supplemental card No.5404 6082 4004 2441 and visa silver card No.4563 9823 0000 0981 in August 2001.   The opposite party states that the bank credit to all payments made in the statement of account and did not make any wrong entries.  The master classic card and the supplemental card were given new Nos. 5543 7482 8600 9672 & 5543 7586 8224 2694 respectively.  The opposite party states that the complainant has paid a sum of Rs.45,000/- in respect of Master classic card and supplemental card vide settlement dated:16.04.2004.  On the same day, there was an outstanding due in Silver Visa No.4563 9823 0000 0981 and the complainant did not settle the due for the Silver Visa Card.  Hence, ‘No Due Certificate’ was no issued. The opposite party submits that under the Deed of Assignment dated:09.02.2010 sold, transferred and assigned all its right, title and interest in all the amounts.  The dues payable under the Visa silver card was assigned to Shaha Finlease Pvt. Ltd. for which has also been intimated to the complainant by the opposite party’s letter dated:26.03.2010.  The opposite party states that allegation of the recovery agent threatened the complainant for collecting the amount is absolutely false.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A12 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite party. 

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for damages, mental agony, deficiency in service as prayed for?
2. Whether the complainant is entitled to ‘No Due Certificate’ from the opposite party as prayed for with cost?

5.      On point:-

Both parties filed their respective written arguments.  Heard the Counsel also.  Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that the opposite party’s officials approached the complainant and canvassed for credit card facility in the year 1993.  The complainant availed the credit card Account No.4563982300000981 with a limit of Rs.12,000/-.  The complainant has made payment without any default as per Ex.A1.   From 2003 onwards, the opposite party created problems against the complainant by way of making wrong entries in the statement of accounts. While informing the said facts of wrong entireties, the opposite party assured to rectify the mistake but has not taken any effort for rectification.  Similarly, the opposite party has not issued receipt for payment on several occasions. On 02.11.2003, the opposite party sent a letter stating that an amount of Rs.42,585.21 is due as per Ex.A2.   Immediately, the complainant protested and claimed for rectifying the wrong entries.  While so, the opposite party converted the 2 cards Nos.5543 7482 8600 9672 and 5543 7586 8224 2694 and on payment, the opposite party blocked the cards on 01.10.2003.  Thereafter on 16.04.2004, the opposite party sent an offer letter as per Ex.A3 for settlement of accounts and agreed for such settlement at Rs.45,000/- mutually and paid the said amount in six instalments at the rate of Rs.7,500/- vide Ex.A3 to Ex.A6.  But the opposite party has not issued any ‘No Due Certificate’.  Further the contention of the complainant is that even after the settlement and payment on 27.11.2009, the opposite party sent a statement of accounts as per Ex.A7 showing a sum of Rs.42,585.60/- was due.  While questioning about the same, the opposite party’s Manager assured to ignore the statement.   Again on 10.08.2011, the opposite party sent their collection agent demanding a sum of Rs.22,000/- as due without any statement.  Hence, the complainant was constrained to file Civil suit in O.S. No.7391 of 2011 before the Hon’ble City Civil Court, Chennai and due interim injunction was granted. Thereafter, the complainant filed this case claiming compensation of Rs.1,00,000/- towards deficiency in service and to issue of ‘No Due Certificate’.

6.     The learned Counsel for the opposite party would contend that the complainant has availed credit card in the year 1983 viz No.5543 7482 8600 9672 and a supplementary card No.5543 7586 8224 2694.  But no document to show that the said cards were issued in the year 1983.  Equally, on what basis and under what authority, the opposite parties converted the said card numbers into new Nos.(viz) 5543 7482 8600 9672 and 5543 7586 8224 2694  also been not explained.  Further the contention of the opposite party is that the settlement of account on payment of Rs.45,000/- was not mutually  agreed.   Hence, the ‘No Due Certificate’ was not issued.  But on a careful perusal of Ex.A3 to Ex.A6, it is very clear that the opposite party came for mutual settlement and the complainant paid the entire amount proves the deficiency in service.    Further the contention of the opposite party is that the complainant was issued one master Classic Card No.5404 6070 1017 4649 in August 1995 and a Supplemental card No.5404 6082 4004 2441 and visa silver card No.4563 9823 0000 0981 in August 2001.  But on a careful perusal of Ex.B1, which is dated:09.02.2010.  The opposite party has not explained the reason for non production of agreement of 1993, 1995, 2001.  Equally, the opposite party has not explained in a single agreement that such cards can be issued or not.    

7.     Further the contention of the opposite party is that all payments made in the statement of account and did not make any wrong entries.  The master classic card and the supplemental card were given new Nos. 5543 7482 8600 9672 & 5543 7586 8224 2694 respectively. But the change of such number is made whether with the consent of the complainant is not pleaded and proved.  Further the contention of the opposite party is that the complainant has paid a sum of Rs.45,000/- in respect of Master classic card and supplemental card vide settlement dated:16.04.2004 as per Ex.A3.  On the same day, there was an outstanding due in Silver Visa No.4563 9823 0000 0981 and the complainant did not settle the due  for the Silver Visa Card.  Hence, ‘No Due Certificate’ was no issued.  But on a careful perusal of entire records, the opposite party has not submitted any statement of account towards the said visa silver card.  Equally, the opposite party has not filed any agreement for issuance of such visa silver card to the complainant.  Further the contention of the opposite party is that under the Deed of Assignment dated:09.02.2010, Ex.B1 the dues payable under the Visa silver card was assigned to Shaha Finlease Pvt. Ltd. for which also, no notice of any kind issued to the complainant.  The alleged intimation letter dated:02.11.2003 as per Ex.A2 without any acknowledgement or postal receipt; is not acceptable.  Further the contention of the opposite party is that allegation of the recovery agent threatened the complainant for collecting the amount is absolutely false.  But it is very clear from the Ex.A11 & Ex.A12, the City Civil Court issued Interim injunction order and decree in the subject matter in issue proves the deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall issue ‘No Due Certificate’ and shall pay a sum of Rs.10,000/- towards compensation for mental agony with cost Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite party is directed to issue ‘No Due Certificate’ to the complainant and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin 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 Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 08^th day of March 2019. 

 

MEMBER-I                        MEMBER-II                      PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	30.09.2003	Copy of payment receipt by the opposite party
Ex.A2	02.11.2003	Copy of letter by the opposite party to the complainant
Ex.A3	16.04.2004	Copy of offer for settlement of account by the opposite party
Ex.A4	08.05.2004	Copy of payment receipt by the opposite party
Ex.A5	07.06.2004	Copy of payment receipt by the opposite party
Ex.A6		Copy of payment details from the complainant’s bank accounts
Ex.A7	27.11.2009	Copy of statement from the opposite party
Ex.A8	23.09.2011	Copy of legal notice sent to the opposite party
Ex.A9	27.09.2011	Copy of Order in I.A. No.15830/2011 in O.S. No.7391/2011 by the Hon’ble XIII Asst. City Civil Court at Chennai
Ex.A10	28.09.2011	Copy of acknowledgement card from the opposite party
Ex.A11	31.08.2012	Copy of Judgement in O.S. No.7391/2011
Ex.A12	31.08.2012	Copy of Decree in O.s. No.7391/2011

 

OPPOSITE PARTY SIDE DOCUMENTS:-

Ex.B1	09.02.2010	Copy of Assignment Agreement
Ex.B2	26.03.2010	Copy of letter of the opposite party
Ex.B3	27.01.2010	Copy of Standard Chartered Credit Card Statement

 

 

 

MEMBER-I                        MEMBER-II                      PRESIDENT