Complainant by filing this complaint has submitted that complainant purchased one Manhattan Platinum Card (Credit Card) of the op on 01.06.2012 and earlier to that complainantswere two Gold Card Holders under the op.  Complainant no.1 purchased the said card on 01.06.2012 bearing card Nos. 4541-9823-3363-6881 and complainant No.2 as add on card holders hold card No. 4541-9823-2882-4807 on 05.06.2012 by paying money to the op/Bank to the extent of Rs. 6,000/- which was received by the Bank from the complainants and Bank issued the said Manhattan Platinum Card (Credit Card) in favour of the complainants for having vouchers for dinning, outing, beauty treatments and extra facilities for big city promotions.  But after issuance of the said cards (credit card) op did not afford any facilities to the complainants.  Though complainant made several complain over phone and through mail on 24.02.2013 to the op which were duly received by the op without any actions till date. 

          Inspite of issuing the credit cards for availing facilities by the complainants, op did not provide any facilities against purchasing the said cards.  But op being a service provider failed to provide service to its customers i.e. complainants and complainants did not get such facilities even after payment of such amount against purchase of the said card.  Though complainant purchased it only for those facilities for which amount of Rs. 6,000/- was paid and for such illegal activities deficient and negligent manner of service and not providing any facility as per said agreement it has caused mental pain to the complainant and also complainant is being harassed for not getting such facilities and in the above circumstances, complainant has prayed for compensation of Rs. 5,00,000/- and for not providing such facilities against such Manhattan Platinum Card (Credit Card) and compensation etc.

          On the contrary op by filing written statement submitted that the entire claim of the complainant is false and fabricated.  But admitted fact is that complainant purchased the said Manhattan Platinum Card (Credit Card) on payment of Rs. 6,000/- and no doubt the complainant was issued Discount Vouchers which was discharged to the complainant mailing address and complainant received the same and fact remains for the laches of the complainant he did not get the said service but there was no fault on the part of the op and there is no deficiency and negligence on the part of the ops and so the entire complaint should be dismissed on contest with cost.

Decision with reasons

          On in depth study of the complaint including written version and material produced by the parties and after hearing the arguments from both the Ld. Lawyers of both parties it is clear that complainant purchased the said card with different type of facilities and valid period of the said discount vouchers was 1) 01.08.2012 to 14.08.2012, 2) 01.08.2012 to 14.08.2012, 3) 01.08.2012 to 14.08.2012 and 4) 10.07.2012 to 25.07.2012.  From the reply of the complainant against question No. 5 it is found that first form was sent on 23.02.2012 and snap shot was also taken on 28.10.2012 that is long after the valid period of the said discount voucher.

          Further from the email of the complainant dated 07.04.2012 it is found that complainant reported the fact by email that he received some vouchers along with Manhattan Platinum Card (Credit Card) what he could not avail of lunch for two and enjoy a day out for two and cinema voucher within the offered date so he requested to issue new vouchers against the above mentioned vouchers since he has already paid Rs. 4,999/- approx. for it ant he does not want his money to be wasted.  So considering the letter dated 07.04.2012 it is clear that complainant got the discount vouchers but the said discount vouchers were valid for a certain period that is Hair Cut Vouchers being No.140995912 and it was valid up to 14.08.2012.  But for validating the said vouchers it must be registered within 01.08.2012 another voucher enjoyed a day out for tour being No. 31319662995 valid up to 25.07.2012 but the last date of registration was on 10.07.2012.  Another cash memo voucher being No. 143208997 was valid till 20.06.2012 but last date of registration was 05.07.2012,Manicure voucher being No.120995912 it was valid up to 14.08.2012 and last Pedicure Voucher being No. 1390995912 and last date of registration was 01.08.2012 and it was valid up to 14.08.2012 enjoy a day out for tour and cinema voucher and in all those vouchers directions are noted in the voucher and ultimately complainants failed register and validate in this regard and at the time of argument when the matter was placed before Ld. Lawyer for the complainant he submitted that he was not aware of the same for which the vouchers became invalid.   So, he requested to revalidate the same but the vouchers cannot be revalidated by the bank in view of the factin the said voucher conditions are noted and there are specification for registration that has not been done for which complainant did not get the benefit of the vouchers and it is no doubt a fault of the complainant which is proved from the complainant’s own letter to the op for renewal of the vouchers.  So, it is proved beyond any manner of doubt that the said vouchers were not registered and complainant did not avail of the said facilities and so there was no fault on the part of the ops.

          Fact remains complainants’ own letter dated 07.12.2014 simply proves that complainant themselves admitted that they could not avail of the facility etc. what he could not avail for the above reason and not getting benefit of those vouchers was a fault of the complainant as per guideline as noted in the voucher.  So, it is fault of the complainant for which the complainant did not get the benefit and invariably after thorough evaluation of the papers as produced by the complainant and op we are convinced to hold that complainant has filed this complaint falsely by brining false allegation against the op and in fact it is heard from the op against Manhattan Platinum Card (Credit Card) there is huge outstanding and complainant is not paying that and only to pay that arrear this false case is filed by the complainant to grab some amount and after getting such order from this Forum he shall repay the same.

          Truth is that complainant with mal intention suppressed the truth that he did not register discount voucher even within time for which he did not get the benefit.  So, we are convinced to hold that this complaint is filed with some malafide intention and vexatious allegation but only for the purpose of collecting some money from the op through this Forum and to pay his outstanding against this Manhattan Platinum Card (Credit Card) and this one kind of business adopted by complainant and this complainant is proved a mischievous complainant for which this complaint fails.

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest aginst the ops for filing mischievous and false and fabricated complaint against the op and also for adopting unfair ractice against the op and also for filing false complaint on oath before this Forum the complainant is imposed a penal cost of Rs. 5,000/- which shall be paid to this Forum by the complainant within 15 days from the date of this order failing which penal action u/s 27 of C.P. Act for which he shall be liable to pay further penalty and fine.