Complainant being the Rotarian accepted the Credit Card from the op/Bank on the occasion of -Rotary Centenary Year- being Card No. 5543 7547 1710 2557 and the card in the -Rotary Centenary Year- was a lifelong validity card and accordingly onetime payment was also made by the complainant and complainant enjoyed the said card on and from the year 2005-06 and the financial statement has been prepared for the period January, 2009 to till complete payment is made.
It is further submitted that complainant enjoyed the said card for his benefit by discharging due obligation in payment of the op/Bank time to time without getting any fair statement of Accounts. It is the case of the complainant that entire disputes arose after sudden introduction of one additional Card No. 4198 0749 4736 5442 and due to such manipulation on the part of the ops, the complainant destroyed and returned the said card to the op/Bank on 13.08.2009 without utilizing and/or using the aforesaid additional card.
When the complainant sent a letter to the ops, in continuation of the letter of the complainant, the Officer-Customer Care stated that the interest is to be charged on the credit card on the basis of the following reasons- a) a partial payment is made, b) no payment is made, c) cash is withdrawn and d) partial payment/no payment/payment after the payment due date is made against the previous statement though full payment is made in the current statement.
In view of the above observation made by the ops, it is evident from the record that the conduct of the complainant with regard to the payment never been discontinued and for that in the above clause did not hit on the part of the complainant of his credit card. Due to such discrepancies on the part of the ops, particularly on the part of the op no.2, the complainant through his letter dated 13.08.2009 addressed to the op no.1 stating inter-alia that he received a phone call from the office of the ops on 10.08.2009 with reminder that he had not paid against card No. 4198 0749 4736 5442 which he never used any material point of time and requested to cancel the said card and sent him a revised statement enabling him to continue his existing card No. 5543 7547 1710 2557.
Subsequently complainant by his letter dated 08.12.2010 addressed to the Credit Card Division of the op advised to closure of Card No. 5543 7547 1710 2557 towards full and final settlement when the additional card was issued by op being No. 4198 0749 4736 5442 had already returned on 13.08.2009 by cutting into pieces along with the statement for the period from January-2009 to October-2010 showing the details of payment made by the complainant to square up the outstanding amount against this card and requested the op to confirm the closure of his Credit Card Account with a written confirmation and issue a -No Demand Statement- to the effect within 15 days, failing which the complainant would be liable to refer the matter at the appropriate Forum.
In spite of receipt of the said letter dated 08.12.2010, the op no.2 failed to issue any written confirmation and -No Demand Statement- and finding no other alternative, the Ld. Advocate of complainant served letter on 18.01.2011 stating the entire fact. But it is addressing that op without giving any answer by their Associate Manager Recoveries (Credit Card) of op/Bank sent a letter on 12.11.2011 stating that there is outstanding due of Rs.61,194/- in respect of the credit card and moreover ops filed a petition before the LOK ADALAT to be held on 26.11.2011 vide case No. PL MATTER No. 20463/2011.
Subsequently, complainant received a summons from the office of the District Legal Service Kolkata in respect of that PL Matter and that LOK ADALAT directed the complainant to appear on 26.11.2011 for settle the matter amicably in Lok Adalat. But subsequently op ignored the entire natter and did not give any reply or also did not respond against his letter and in the circumstances complainant became frustrated and practically reputation of the complainant is being damaged by the op in different manner and practically they are sending musclemen to create trouble and for extorting money from the complainant and in the circumstances complainant prayed for redressal.
On the other hand op by filing written statement submitted the allegations are completely false but Bank stated that complainant maintained 2 Credit Cards – 1) No. 5543 7547 1710 2557 and 2) No. 4198 0749 4736 5442 and in respect of said credit card there are dues and dues are not paid till date of filing the written version and dues was Rs.78,029/- which is payable by the complainant against the said credit card account. It is further submitted that question of -No Demand Statement- to the complainant cannot and does not arise as complainant has not liquidated his outstanding dues against the said credit cards. As such the bank is entitled to recover the outstanding from the complainant against the said two credit cards amounting to Rs.78,029/- till 28.07.2013 and the question or occasion of any alleged agony or harassment or anxiety being caused by the bank to the complainant could not arise in the facts of the case and the allegations as made by the complainant is completely imaginary, baseless and mala fide and there is no cause of action and for which the case should be dismissed.
Decision with reasons
On careful consideration of the entire materials on record and after hearing Ld. Lawyers of both the parties and further considering the fact that complainant practically was holder of credit card No. 5543 7547 1710 2557 and no doubt he used the said credit card for his benefit. It is equally true that the op without any seeking of the complainant suddenly sent one additional credit card being No. 4198 0749 4736 5442 . it is also proved from the material document that the complainant after receipt of the additional credit card No. 4198 0749 4736 5442, destroyed the same by cutting into pieces and returned to the op on 13.08.2009. But op has not denied that fact. Another fact is that from the chart showing adjustment payment made by customer in each month in respect of credit card of the complainant in terms of the banking rules in between the period as on January-2009 to October-2010 total due was Rs.60,064.59/- in respect of credit card (Rotary Centenary Year) Being No. 5543 7547 1710 2557 complainant paid entire amount in between the period January-2009 to October-2010 and from the chart showing adjustment of payment made by the complainant in each month as supplied by the op, it is found that no doubt against that credit card No. 5543 7547 1710 2557 there is no dues apparently.
On proper assessment of the said chart as supplied by the op and also considering the allegation of the complainant, it is very much evident that from 29.06.2009 to 28.08.2010, op/Bank charged same charges against additional card being No. 4198 0749 4736 5442 which was issued by the op without any seeking of the complainant and truth is that on receipt of the said card by the complainant, complainant forthwith cut into pieces the said card and returned to the op on 13.08.2009 by registered post with A/D. So, it is clear that complainant never recognized the additional card being No. 4198 0749 4736 5442 and destroyed the card by cutting into pieces and returned to the op and op received it on 16.08.2009 and complainant by that letter dated 13.08.2009 also informed that the said card should be cancelled as complainant never prayed for issuing any additional card.
Most interesting fact is that op is silent in respect of that additional card, complainant-s prayer for cancelling the same as it has been destroyed by him by cutting into pieces and the final appearances of the said card cut into pieces and Xerox form was also filed by the complainant. So, considering that fact it is clear that from 13.08.2009 additional card is forfeited in view of the fact that complainant never used and complainant destroyed it by cutting into pieces and returned it to the op on 13.08.2009 and op/Bank received it but did not respond.
However, against that additional destroyed card, the op/Bank charges Rs.336.46/- on 29.06.2009, Rs.541.47/- on 28.07.2009, Rs.548.10/- on 27.08.2009, Rs.250/- on 29.09.2009, Rs.250/- on 21.10.2009, Rs.250/- on 27.11.2009, Rs.549.90/- on 28.01.2010, Rs. 550.64/- on 01.03.2010, Rs. 579.96/- on 29.03.2010, Rs. 408.58/- on 26.04.2010, Rs.1172.32/- on 28.05.2010 and Rs.1374.06/- on 28.08.2010. But the reason for charging that amount and reason for showing payment of said amount by the complainant is not known.
In fact complainant paid Rs.60,046.59/- from January-2009 to October-2010 against dues of Rs.60,064.59/- within that period and that payment was made. But out of that payment, the bank authority deducted the said charge amount against additional policy No. 4198 0749 4736 5442. But truth is that additional card was not sought for by the complainant by filing any application for issuing the same. But it was sent by the op at his own wish and complainant after receiving it forthwith returned it by cutting it into pieces on 13.08.2009 and op/Bank received it on 16.08.2009. Then it was within the knowledge that complainant did not accept such additional card and it is damaged. So, it was the duty of the op not to deduct any amount from any payment of the complainant against additional card. But most interesting fact is that op/Bank deducted some amount for additional card from the deposited amount by the complainant against first credit card and thereafter adjustment of payment is shown. So, it is clear that op/Bank by adopting unfair trade practice and also adopting unfair path of banking business against damaged credit card which was not accepted by the complainant, also deducted amount from the deposited amount against first credit card which is evident from the adjustment of payment chart as filed by the op.
So, it is clear that the act on the part of the op/Bank in respect of additional card being No. 4198 0749 4736 5442 is completely uncalled for, illegal and without any jurisdiction and in fact a bona fide card holder complainant in respect of credit card No. 5543 7547 1710 2557 was cheated by the op and another factor is that complainant made allegation in respect of the conduct of the Bank including additional card. But anyhow op/Bank is silent in their written version and has not challenged that allegation and it is peculiar that op/Bank has not stated in their written statement that they received the damaged card and practically about additional card they are silent only stating that complainant holds two credit cards that is admitted credit card No. 5543 7547 1710 2557 and additional card No. 4198 0749 4736 5442. So, considering the written statement including the entire materials on record we are confirmed that complainant already sent letter for the unfair trade practice of the op/Bank on 08.01.2010 for closure of the admitted credit card No.5543 7547 1710 2557 also and prayed for no payment statement and final release order in respect of the said card also. In respect of that ops are also silent. So, considering the above fact, it is clear that op appeared before this Forum but has not tried to express their truthful administrative expression in the written statement. No doubt they have filed written statement but it is full of silence and the allegations are only denied by stating that allegations are false. But the vital allegation in respect of sending letters for closure of present admitted credit card No.5543 7547 1710 2557 and also about damaging of the additional card and return of the same to the op and received of the same by the op are not denied.
So, considering all the above materials, we are convinced to hold that the entire act on the part of the op/Bank is no doubt an unfair trade practice and no doubt complainant never prayed for any additional credit card bearing No. 4198 0749 4736 5442and that card was never used by the complainant on receipt of the same by the complainant before damaging by cutting into pieces and same was sent to the op on 13.08.2009 and op received it. But even then op deducted of some charges against that card also and such an act on the part of the ops no doubt an unfair trade practices and Bank Authority have adopted unfair path/means by sending one additional card without any seeking of the complainant.
So, such an act cannot be a fare act on the part of the banking business by the op. Regarding dues we have gathered that it is fake statement, assessment of dues against additional card is unwarranted, illegal, uncalled for and the payment made by the complainant against his admitted credit card No. 5543 7547 1710 2557 is sometime deducted against additional card which is also unfaithful, illegal and unfair act on the part of the op/Bank when truth is that complainant never prayed for any additional card and said additional card was sent to op forthwith by the complainant to the op after damaging the same by cutting into pieces what op/Bank received it on 15.08.2009. But op/Bank is silent about that.
After proper evaluation and assessment of the payment made by the complainant from January-2009 to October-2010 against credit card No. 5543 7547 1710 2557 is/was Rs.60,064.59/- and fact remains in between the period against that credit card total dues was Rs.60,064.59/-. So considering that fact, it is clear that against admitted credit card No. 5543 7547 1710 2557 there is no due after 27.10.2010 and in fact complainant on 08.12.2010 prayed for closing that account also. But anyhow op/Bank did not send him no payment statement. It is another gross negligence and deficient manner of service on the part of the op and it tantamounts to unfair trade practice on the part of the op/Bank.
Relying upon the above discussion and also after proper assessment of the entire materials facts, documents and also relying upon the above decision we are inclined to hold that op/Bank is not entitled to any amount from the complainant in respect of admitted credit card No. 5543 7547 1710 2557 from the complainant. At the same time in respect of additional credit card No. 4198 0749 4736 5442, op/Bank is not entitled to any amount because it has not been used by the complainant and it was already been damaged on 13.08.2009 by cutting into pieces and it was received back by the op/Bank. So, any assessment of charges against that credit card by the op/Bank is completely uncalled for, illegal and in respect of that credit card also op/Bank is not liable to get any amount from the complainant.
In the light of the above observation, we are convinced to hold that op/Bank adopting an unfair trade practice prepared some fake and false bills and sent it to the complainant without any reasons though truth is that the complainant is not liable to pay any amount in respect of admitted credit card or the disputed credit card, the additional card.
Another factor is that since 12.12.2010 in fact complainant surrendered his admitted credit card also for cancelling the same. But Bank authority did not act though repeated reminders were sent by him and through his Ld. Lawyer but the bank is silent. But on the contrary the Bank Authority created pressure upon the complainant by deputing musclemen for payment of so called fake dues as prepared by the op/ Bank through their machineries. But we have gathered after handling all the material, documents as produced by the complainant and the op that complainant has proved the unfair trade practice of the op beyond any manner of doubt and we have no other alternative but to hold the Bank Authority is a dishonest business practitioner in the field of private banking system and it is to be mentioned in this regard that Standard Chatered Bank is acting in such a manner and in some other cases also this Forum handled such sort of cases. But unfortunate position is that it is not brought to the knowledge of RBI for taking such recourse against the Standard Chatered Bank Authority who are adopting unfair trade practice daily. They are squeezing the customer in different ways. But it must be stopped and for that purpose this Forum shall have to take proper stop when unfair trade practice on the part of the op/Bank is well proved in the present case by the complainant and truth is that op/Bank appeared before this Forum and submitted their written statement but did not say the truth and for which it is proved that op/Bank-s defence is nothing but concocted one and the entire administration of the Standard Chatered Bank is nothing but liar which is proved in this case.
In the light of the above findings we are inclined to hold that the allegation of the complainant is well proved and so complainant is entitled to get proper relief and compensation for causing harassment and mental pain, agony of the complainant and also for adopting unfair trade practice by the op they shall be imposed punitive damages by the Forum.
Thus, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest against the ops with cost of Rs.10,000/-.
Ops are jointly and severally hereby directed to pay a compensation of Rs.25,000/- to the complainant for causing mental pain and agony and also for damaging the reputation of the complainant as Rotary Centenary Year member.
Ops are jointly and severally hereby directed to issue no demand certificate in respect of credit card No. 4198 0749 4736 5442 and also No. 5543 7547 1710 2557 to the complainant at once.
For adopting unfair trade practice in the particular case as a banking institution, ops are imposed jointly and severally a sum of Rs.50,000/- as punitive damages and it shall be deposited to the present Forum and this punitive damages is imposed to control the unfair trade practice of the op/Bank and to save the customer from the hands of such dishonest banking administration.
Ops jointly and severally are hereby directed to comply the order of this Forum within 15 days from the date of this order and to satisfy the decretal amount within the 15 days from the date of this order failing which for disobeyance of the Forum-s order, ops jointly and severally shall have to pay penal interest at the rate of Rs.300/- per day till full satisfaction of this decree and till full implementation of the decree and if this penal interest is collected the same shall be deposited to this Forum. But ops shall have to pay the compensation amount and litigation cost to the complainant immediately as per spirit of this order.
