JUDGEMENT
Complainant by filing this complaint has submitted that he is the Credit Card Holder of Standard Chartered Gold Credit Card of the op being No. 4196074946479400 in favour of the complainant and for that purpose he entered into an agreement with the op and thereafter complainant after getting such credit card utilized and enjoyed the facilities and availed of the services of the credit card as issued by the ops and complainant has made several transactions through the said credit card from the very inception and also regularly paid the bills for such transactions and she used to purchase many things and paid amount in each month. But in spite of due payment in time op has started sending monthly credit card statements in favour of the complainant showing an amount as outstanding in the account of the complainant with several charges and fees.
After considering that monthly statement of credit card she found that the statements are not fully correct and proper as per knowledge of the complainant. But the ops have intentionally and deliberately charges and fees in the monthly statement against the credit card of the complainant and also charged some fictitious fees which are not at all levy able. Fact remains complainant received monthly statement, mini statement in each month up to March-2011 and thereafter op stopped sending the card statements in favour of the complainant and suddenly on and from March-2011 a new credit card had been issued with a validity up to May-2016. But the bank issued no monthly statements of the credit card regularly. In spite of several requests on the part of the complainant, op/bank did not issue any correct statement of account with regard to the actual transaction of credit card. Rather ops have simply refused to issue or provide any correct statement of account.
But all on a sudden the complainant observed that the said credit card of the complainant had been blocked without any prior intimation to the complainant in the month of October-2012 for which complainant failed to use credit card and suffered much. But fact remains complainant made the last payment on January 2013 in spite of blocking the said credit card as her goodwill gesture and op has duly received the said payments also. But fact remains op issued one last statement of the account against credit card on 24.02.2013 with threatening the complainant to pay Rs. 45,584/- showing as total outstanding in the account of the complainant with an immediate effect and complainant after receipt of the same was surprised and thereafter complainant prayed for surrender of the said two credit cards of the complainant and accordingly as surrendered the same as per norms of the ops by way of cutting the same into 4 pieces and deposited them along with a surrender letter to the Standard Chartered Bank, Park Street Branch, but the said branch office has refused to issue any receipt.
But after that ops’ engaging anti-socials raided the house of the complainant and harassed her family members and others and for which complainant lodged one general diary on 23.01.2014 before the local Titagarh P.S. vide GDE No. 1926 dated 23.01.2014. Even after that ops disturbing in so many ways and in the above circumstances complainant has prayed for redressal for harassing the complainant and for withdrawal of the credit card statement dated 25.02.2013 and also for compensation for causing mental harassment etc.
On the other hand op by filing written statement has submitted that the entire allegation is false and fabricated. Fact remains complainant approached to the bank during March 2011 for blocking the card ending 8163 based on the complainant’s request the op/bank blocked the card ending 8163 and issued replacement card ending 9400.
Op further stated that due to non-receipt of payment for more than a month, card ending 9400 had been temporarily blocked during October 2012 and the monthly statement clearly indicates that owing to non-receipt of payments for considerable period of time complainant’s card ending 9400 had been invalidated in the records of the op/bank with effect from 25.04.2013 and truth is that complainant paid a sum of Rs. 3,000/- during the month of January 2013 and same was adjusted towards the outstanding dues in the normal course of business. Ops always sent monthly statement to her email and the email address as recorded with the op/bank and the statements sent to the mailing and email address have not been returned undelivered and in case of non-receipt of hard copy statement customer is duty bound to make payment within the due date basis the transaction slips in his possession and further the customer can contact Phone Banking Unit of the op bank or can write to customer care unit and seek confirmation of outstanding amount and so the entire complaint is false and fabricated and op has not engaged any musclemen to disturb the complainant and never sent of any gundas for payment and no fees has been charged against the principal as per contract and fact remains the entire claim of the complainant is false and fabricated for which same shall be dismissed with cost.
Decision with reasons
On proper consideration of the entire complaint and written version and after hearing the Ld. Lawyers of both the parties and also considering the RBI Rules it is found that complainant has admitted that op has issued such statement in the month of February-2013 to the complainant and thereafter op has issued such statement on 24.02.2013 showing the outstanding balance of Rs. 45,584/-. The allegation of the complainant is that outstanding balance as noted in the said statement is not correct. But op practically showed some extra amount and fees as levied. At the same time complainant has tried to convince that the statement of account as made by the op never served upon him and even after payment of the outstanding up to January-2013 and in respect of that allegation we have considered the document that payment at the same time the statement of account, it is clear that up to January-2013 monthly payment of the complainant was very low whereas outstanding was more than that and from the complaint it is clear that complainant received payment coupan of statement of account up to February-2013 and in the month of February-2013 complainant did not pay or make any payment but in the month of January-2013, complainant paid only Rs. 3,000/- whereas previous balance was Rs. 43,590/-. Similarly in the month of December-2012 complainant paid only Rs. 4,000/- whereas previous balance was Rs. 45,141/- and in the month of November-2012 complainant paid only Rs. 1,168/- whereas previous balance was Rs. 43,707/-.
Considering this mode of payment of the complainant, it is clear that complainant did not regularly pay the outstanding balance properly for which making only minimum payment every month has resulted in payment stretching every month with consequent interest payment on the complainant’s outstanding balance. So, it is clear that the complainant has miserable failed to prove that his payment which has been made by the complainant to the op has not been properly adjusted as alleged is completely false and fabricated.
At the same time complainant’s allegation is that the op authority has charged some charges which is not as per law and for which the figure of the outstanding balance has been increased. But after consulting and considering the payment coupon from 24.03.2011 to 27.04.2014, it is found that op never charged any extra fees or charged except interest and sometimes the delay charge and service tax and cess tax what the complainant is bound to pay as per guideline of the RBI dated 01.07.2013 in respect his master circular on credit card, debit card, rupee denomination, co-branded prepared card and operation of banks. So, apparently as per terms and conditions of the agreement, the interest as charged including service tax, cess sometimes part payment charges are found legal and valid.
Truth is that complainant always used the said card properly and when she failed to pay the huge amount as outstanding automatically the card was blocked. Thereafter when complainant begun to start payment partially fresh card was issued and from the statement of account as supplied by the op, it is found that monthly statement was also sent by email of the complainant that is Further it is found that op has not charged any illegal charges of the complainant as claimed. So in the eye of law complainant’s claim is found baseless. Anyhow it was the duty of credit card holder to observe day to day the situation of the said account in view of the fact that he has any debit card, credit card holder and using the same for his own purpose but money is being deducted from the account of the bank. So, at the time of using the credit card or debit card, the consumer or the customer shall be careful that what she has been enjoying and what is her outstanding to pay and nowadays it has become a practice of so many card holders to enjoy the card without any caution but when the figure is found very high then she appeared before the Forum claiming certain matter that the figure has been increased due to charging some enhancing charges by the bank. But that is not the fact. In this regard we have gathered that in this case op has not made any charge of any extra charges. But in the meantime this figure has been same.
But considering the entire fact and to protect the interest of the card member, complainant is directed to pay Rs. 50,000/- to the op within one month from the date of this order in that case op shall be debarred the claim of any further amount in respect of the said two cards and both the cards shall be treated as cancelled and liability of the complainant shall also be discharged and accordingly this complaint is decided finally.
Hence, it is
ORDERED
That the complaint be and the same is dismissed on contest without any cost against the op and accordingly ordered that complainant shall have to pay Rs. 50,000/- to the op within one month from the date of this order positively to the op bank in that case op/bank shall have to treat both the credit cards of the complainant as cancelled and if it is paid by the complainant within one month in that case op shall be debarred from charging of any amount from the complainant in respect of the said two cards in future and complainant’s liability shall be discharged finally in respect of the present part.
Parties to comply the order and after payment of the said amount as directed by the Forum by the complainant, op shall issue NOC.
