DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 296/07
Sh. Vijender Jain,
S/o Late Sh. Chuttan Lal Jain,
2358, Chatta Shahji,
Chawri Bazar, Delhi-06. -Complainant
Vs
Standard Chartered Bank
Through its Manager,
Credit Card Division,
Allahabad Bank Building,
17, Parliament Street,
New Delhi. -Opposite Party
Date of Institution: 17.09.2004
Date of Order: 01.02.2016
Coram:
N.K. Goel, President
Naina Bakshi, Member
O R D E R
Case has been received on transfer from another forum.
The case of the complainant, in nutshell, is that he was the holder of Credit Card No. VISA-CLASSIC 4129 – 0370 – 8211 – 8753 issued by the OP and the OP had fixed the credit limit of Rs. 1,13,000/- meaning thereby the complainant could use the said card to the extent of Rs.1,13,000/-. It is inter-alia stated that the OP issued a bill dated 3.12.2003 for the usage of the credit card in question and the complainant made the payment against the bill dated 3.12.03 vide cheque No. 364879 dated 23.12.2003 drawn on Oriental Bank of Commerce, Chawri Bazar, Delhi for a sum of Rs. 13,302/- but, however, the complainant received a call from the collection office of the OP and he was asked to make the payment for the bill of December, 2003 and under the impression of that call, the complainant once again made the payment of Rs. 13,360.50 by transferring the said amount from State Bank India Card 4317 5750 1605 3747 and in this way the complainant made the double payment for the bill of December 2003. Thereafter, he received the bill dated 4.1.2004 in which the OP did not credit the payments made by the complainant in the month of December, 2003 but imposed the penalty, interest and late fee charges upon the complainant. The complainant sent a letter dated 23.1.2004 but despite receipt of the said letter, the OP did not credit the above stated amount; that in the meantime the complainant received at least 10 calls from the collection office of the OP and he was asked to make the payment for the bill for the month of Jan 2004 which resulted in huge harassment and mental agony to the complainant and he once again faxed the letter dated 23.1.04 to the OP on 27.02.2004. The complainant visited the office of the OP on 1.3.2004 but in vain and he waited for the correct bills from the OP but in the meantime around 10-12th March, 2004, the OP suspended the facility of credit card of the complainant. The complainant sent a legal notice dated 18.3.2004 to the OP but despite that the collection office of the OP had been making continuous calls to him. He also lodged a police complaint dated 30.06.2004 with the SHO PS Hauz Qazi, Delhi against the OP but in vain. The OP, however, filed a civil suit for recovery against him before the Judge, Lok Adalat, New Delhi and the same was taken up on 25.7.2004 on which date the court disposed off the matter as non-compromised. Pleading deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the present complaint to issue following directions to the OP:
- to immediately start the facilities of credit card No. VISA – CLASSIC 4129 – 0370 – 8211 – 8753 provided by the OP to the complainant,
- to rectify the bills for the month of January, February and March 2004,
- to make the payment of Rs. 1,13,000/- to the complainant against his credit limit of the credit card in question,
- to indemnify the complainant by paying a sum of Rs. 1,13,000/- in lieu of mental tension, agony and harassment caused to him,
- to pay Rs. 15,000/- towards legal notice charges and cost of litigation,
- to direct the OP to discontinue the unfair/restrictive practice and to repeat it.
The OP has inter-alia stated that the credit card No. VISA – CLASSIC 4129 – 0370 – 8211 – 8753, instabuy’s accounts bearing no. 9356 5008 0068 7261 and 9356 5008 0167 8616 had been issued to the complainant subject to the terms and conditions as per Card Member Rules and Regulation; that as per the Card Member Rules and Regulations, in case “Minimum payment due” is not paid by the Payment due date, Late payment charges as applicable are levied in addition to interest charges. The relevant term has been reproduced as hereunder:
“Late Charges/Fees: 15% of Minimum Payment Due subject to a Minimum of Rs. 75/- and maximum of Rs. 500/-. Late charges will be debited if the Minimum Payment Due is not cleared within the payment due date. An additional late fee of Rs. 100/- will get debited over and above the late charges if the Minimum Payment Due is not received for two or more consecutive months. Interest Charges @ 2.95% per month: Interest is charged when either a partial payment or no payment is made for the previous statement balance.”
It is stated that vide cards statement dated 3.11.03, the complainant was requested to make due payments on or before 23.11.03 but he missed to pay even the minimum payable amount and his account attracted financial charge.; that the complainant did not make the payments but made further purchases; that as per the cards statement dated 3.12.03, the total outstanding in the said account was Rs. 18,015.56 and the total minimum payable amount was Rs. 13,402.50 and that vide the said statement dated 3.12.03, the complainant was requested to pay atleast the minimum payable amount immediately but he paid the same as late as on 29.12.03 which was duly credited to the card account of the complainant and also reflected in the card statement dated 4.1.04; that the complainant further used his credit card and as per the card statement dated 4.1.04, the total due amount payable by the complainant was Rs. 12,206.56 and the total minimum payable was Rs. 7,533.27 and the last date for the due payment was 24.1.04; that the complainant, however, deliberately neglected to pay the legitimate dues of the bank which attracted financial charges and penal interest in his credit card account in accordance with the said card members rules and regulations; that as per the statement of account dated 3.2.04, the total amount payable by the complainant was Rs. 20,470.54 and vide the said statement dated 3.2.04, the complainant was advised that he had missed the due payment and the non payment might lead to suspension of his credit card facility but the complainant did not give any heed to the advice of the OP Bank and did not pay any amount to the OP Bank and hence the Bank was compelled to withdraw the card facility. It is stated that the amount of Rs. 13,302/- allegedly paid by the complainant vide cheque no. 364897 dated 23.12.03 drawn on Oriental Bank of Commerce, Chawri Bazar, Delhi had never been received by the OP Bank in any of the said credit card accounts bearing nos. 4129 0370 8211 8753, instabuy’s accounts bearing no. 9356 5008 0068 7261 and 9356 5008 0167 8616. It is stated that only an amount of Rs. 13,360.50 transferred from the State Bank India Card account of the complainant was received by the OP Bank and the same was duly credited in the card accounts of the complainant. It is denied that the alleged legal notice dated 18.3.04 was received by the OP. It is prayed that the complaint be dismissed.
Complainant has filed rejoinder to the written statement. He has denied that the amount of Rs. 13,302/- paid by him vide cheque No. 364897 dated 23.12.03 had never been received by the OP in his credit card account.
Complainant has filed his own affidavit in evidence and has relied on documents Ex. CW1/1 to Ex. CW1/9. On the other hand, affidavit of Ms. Meera Kapoor, Asstt. Manager (Legal) has been filed in evidence on behalf of OP. Here, we would like to mention that the complainant has not marked exhibit numbers on copies of the documents placed on the file nor has put any identification mark on them.
Written arguments have been filed on behalf of the parties.
No arguments have been advanced on behalf of the parties. We have gone through the file very carefully.
According to the complainant, the copy of the bill dated 3.12.03 is Ex. CW1/1. We mark it as Mark A for the purposes of identification. As per the endorsement on the said bill, some amount was paid vide cheque No. 364879 dated 23.12.03. According to the complainant, the said cheque was for Rs. 13,302/- and was drawn on Oriental Bank of Commerce, Chawri Bazar, Delhi.
Let us now see, whether any such cheque had, in fact, been presented/deposited in the Bank and credited in the account of the OP.
According to the complainant, copy of the certificate dated 17.3.04 issued by Oriental Bank of Commerce, Chawri Bazar, Delhi is Ex. CW1/4. We mark the copy of the said statement (it is not a certificate) as March B. According to this statement, cheque no. 364879 for an amount of Rs. 13,402/- had been cleared on 31.12.03. The complainant has not filed the certificate issued by the Oriental Bank of Commerce to the effect that the amount of the said cheque (Rs. 13,402/- and not Rs. 13,302/- as pleaded in the complaint) had, in fact, been credited to the account of the OP Bank. The OP has categorically and in no uncertain words denied about the credit of the said amount by means of any such cheque in its account. Therefore, in our considered opinion, the complainant has failed to prove that any such amount had ever been paid by him to the OP Bank towards the payment of the bill dated 3.12.03. Therefore, we are not inclined to believe that the complainant had, in fact, made double payment (i.e. Rs. 13,402 and Rs. 13,360.50p) against the payment of the bill dated 3.12.03. Therefore, the whole story made by the complainant becomes suspicious and liable to be discarded in toto.
In view of the above discussion, we do not find any merit in the complaint. Accordingly, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(NAINA BAKSHI) (N. K. GOEL) MEMBER PRESIDENT
Announced on 01.02.16.
Case No. 296/07
01.02.2016
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL)
MEMBER PRESIDENT
