PER SHRI. S.S.PATIL - HON’BLE MEMBER :
1) In brief consumer dispute is as under –
That the Complainant is a practicing Advocate in the Hon’ble High Court of Judicature at Bombay. The Complainant frequently travels out of Mumbai and also India as he is having professional commitments for his clients before the Apex Court and also abroad. The Complainant is having reputation, goodwill and high standing not only in legal profession but also in society. The Opposite Party Bank has issued a Gold Credit Card bearing No.4129-0545-9715-6699 to the Complainant and he is using the same. The Complainant has produced xerox copy of his Gold Credit Card alongwith complaint at Exh. ‘A’. It is submitted that as Complainant always settled and paid all the bills, including charge against said credit card. The Opposite Party, looking at the conduct of the Complainant in settling account and his credit worthiness, on its own upgraded Complainant’s Gold Credit Card to Gold Platinum category Card and issued a new Credit Card No.4541-9827-0601-2819 with validity period from 2/2006 to 2/2009 having credit limit upto Rs.2,90,000/- Complainant has produced true xerox copy Platinum Primary Card issued by Opposite Party at Exh.‘B’.
2) It is submitted by the Complainant that the Opposite Party had assured to provide quality service, but Opposite Party always failed and neglected to do so and this fact is duly admitted by the Opposite Party by “reversing” certain entries which is evident from Opposite Party e-mail dated 16/11/2006 (Exh. ‘C’).
3) It is the case of the Complainant that in the month of November, 2006, Complainant travelled to Dubai. Having an assurance for credit upto Rs.2,90,000/- for purchasing/availing services etc. under the aforesaid Platinum Primary Card, the Complainant visited a shop named M/s. Fashion Fabrics, P.O. Box No.12799, At Faheedi Street, Bardubai, Dubai, U.A.E. on 03/11/2006 and made certain purchases and offered payment by aforesaid Platinum Primary Card No.4541-9827-0601-2819. However, that transaction was declined by the Opposite Party with remark “Do not honour” as per the transaction slip issued to the Complainant by the said Member Establishment of Opposite Party at Dubai. The Complainant has produced said ‘Memo/Slips’ issued by the Member Establishment of Opposite Party alongwith complaint at Exh. ‘D’ and ‘D-1’. Such a situation in a shop in foreign country caused embarrassment, great problem and discomfort to the Complainant. In absence of a comfortable sum, Complainant was restricted for monetary transactions, but also lowered his prestige and adversely affected his reputation.
4) It is submitted that upon return to India, the Complainant vide his e-mail dated.11/11/2006, informed Opposite Party the aforesaid mishap and called upon to pay Rs.10 Lacs as a compensation. However, the Opposite Party instead of taking corrective measure and offering apology, Opposite Party’s concerned officer sent a vague e-mail letter dated 16/11/2006 to cover-up the act of omission and commission of the Opposite Party. Xerox copy of the Opposite Party’s reply is produced at Exh.‘F’. The Complainant once again called upon Opposite Party to pay compensation but there was no response. Inspite of legal notice Opposite Party failed and neglected to comply with Complainant’s demand. Hence, the Complainant has filed this complaint.
5) The Complainant has prayed to hold Opposite Party liable for an act of ‘deficiency’ in rendering the service towards the Complainant. The Complainant has requested to direct Opposite Party to pay to the Complainant compensation of Rs.10 Lacs for mental agony, inconvenience and hardship. He has also prayed for cost of this proceeding. Alongwith complaint the Complainant has produced copies of documents as per the list of document.
6) The Opposite Party has filed written statement and thereby resisted the claim of the Complainant contending that there is no deficiency in service on the part of Opposite Party and therefore, complaint is liable to be dismissed. The Opposite Party is a Global Bank and they have introduced various facilities including Credit Card facilities. Opposite Party have denied allegations made in the complaint. According to the Opposite Party, the Complainant has availed Credit Card facilities being AIR Sahara Gold Credit Card bearing No.4129-0545-9715-6699 in the year 2004 with a credit limit of Rs.2,90,000/-. It is submitted that pursuant to Complainants request Opposite Party Bank issued Platinum Primary Card bearing No.4541-9827-0601-2819 in the month of Feb., 2006, which remains unpaid due to non-payment of outstanding dues, financial charges, interest, etc.
7) It is further stated by the Opposite Party that the Air Sahara Gold Credit Card was not upgraded to a Platinum Credit Card, but the same remained active and combined statement of both credit cards account were send to the Complainant periodically alongwith necessary instructions. However, the Complainant failed to follow instructions given by the Opposite Party. Overdue amount was not paid by the Complainant. From time to time various instructions/information were sent to the Complainant, viz; your credit card facility is suspended temporally in the month of June, 2006 statement due to overdue account, card facility may lead to temporarily suspension due to non payment in August, 2006. It was informed to the Complainant that his Credit Card facility is temporary suspended in September, 2006 and that his card facility may be withdrawn permanently in October, 2006. Inspite of repeated instructions the Complainant failed to clear outstanding dues. At no point of time the Complainant objected to any entries made in his monthly statement of account which he was required to make within 21 days from the date of statement of account and thus, deemed to be admitted. According to the Opposite Party, Complainant’s Credit Card facilities were cancelled due to non-payment of outstanding dues prior to the Complainant’s receipts of e-mail dtd.11/11/2006. On 16/11/2006, Opposite Party has sent reply to the Complainant and further responded the Complainant’s advocate notices. It is contended that Opposite Party has acted fairly and reasonably. The Complainant himself has not taken due care of his own Credit Card Account and not paid outstanding due which finally led to cancellation of Credit Card facilities of the Complainant prior to Dubai transaction dated 03/11/2006, which was declined. It is submitted that there is no deficiency in service on the part of the Opposite Party but the Complainant has suffered due to his own fault and negligence and therefore, the complaint is liable to be dismissed with cost.
8) Opposite Party has denied the allegations made in the complaint contending that the allegation made are baseless and the complaint is filed with malafide intentions. The Opposite Party has admitted the fact that Complainant’s Platinum Credit Card transaction was declined in Dubai on 03/11/2006, however, according to the Opposite Party, said transaction was declined due to the Complainant’s own fault and negligence. It is submitted that the Complainant is not entitled to claim any compensation against the Opposite Party. It is contended that with an intention to assist the Complainant the Opposite Party offered replacement of Credit Card but the Complainant refused to accept the same. As there is no deficiency in service on the part of Opposite Party the complaint may be dismissed with the cost.
9) The Complainant has filed affidavit of evidence and written argument. Opposite Party has filed written argument and alongwith written argument produced copies of statement of account of the Complainant’s Credit Card. We heard oral submissions of Ld.Advocate Mr. Lalit Pagare for the Complainant and Ld.Advocate Mr. Husain i/b. M/s. M.V. Kini & Co. for the Opposite Party.
10) Following points arise for our consideration and our findings thereon are as under -
Point No.1 : Whether the Complainant has proved deficiency in service on the part of Opposite Party ?
Findings : Yes.
Point No.2 : Whether the Complainant is entitled for compensation and other reliefs from Opposite Party as prayed for ?
Findings : As per final order.
Reasons :-
Point No.1 : It is case of the Complainant that he has availed services of the Opposite Party by obtaining Gold Credit Card bearing No.4129-0545-9715-6699 and Platinum Primary Card bearing No.4541-9827-0601-2819. The Complainant has produced OC’s of aforesaid credit card alongwith complaint. It appears that as per the contention of the Opposite Party first credit card given to the Complainant was Air Sahara Gold Credit Card as contended by the Complainant. It is undisputed fact that credit limit upto Rs.2,90,000/- was given to the Complainant by Opposite Party.
It is not in dispute that in the month of November, 2006, the Complainant had gone to Dubai. According to the Complainant, on 03/11/06, he visited shop named M/s. Fashion Fabrics, P.O. Box No.12799, At Faheedi Street, Bardubai, Dubai, U.A.E. and made certain purchases. The Complainant offered payment by aforesaid Platinum Primary Credit Card No 4541-9827-0601-2819. However, the transaction was declined by the op with a remark “Do not honour”. The Complainant has produced transaction slip issued by the said Member Establishment of Opposite Party at Dubai. On the transaction slip it is mention “Do not honour” and “Second slip declined”. The aforesaid fact that transaction by Platinum Primary Credit Card No. given 4541-9827-0601-2819 was declined is admitted by the Opposite Party.
It is alleged by the Complainant that because of deficiency in service on the part of Opposite Party transaction was declined and thereby he suffered embarrassment, mental torture and discomfort in a shop in foreign country. On the contrary, according to the Opposite Party, there were outstanding dues of the Credit Card given to the Complainant. Inspite of repeated instructions and information given to the complainant, the Complainant failed and neglected to clear dues and therefore, Complainant’s Credit Card facility was cancelled even prior to the alleged transaction dtd.03/11/06. In support of his contention Ld.Advocate for the Opposite Party has relied upon monthly statements of the Complainant’s Credit Card produced alongwith written argument and submitted that on account of outstanding dues from time to time instructions were given to the Complainant but Complainant has not followed the instructions. He has pointed out notes below monthly statement of Credit Card Account.
Ld.Advocate for the Complainant has submitted that Complainant was regular in payment of Credit Card bills and there were no dues as alleged by the Opposite Party. It is submitted that on number of occasions Opposite Party’s concern clerk made wrong entries in the Complainant’s Credit Card Account and subsequently on their own reversed the said entries. In support of his contention, Ld.Advocate has referred to us e-mail dtd.25/11/06 send by the Complainant to the Opposite Party in which the Complainant has clearly stated that “On early occasions also you inflated the bills and charges were made which were unwarranted and so I wrote to you and the charges were reversed.” It is submitted that Opposite Party has never disputed aforesaid contention of the Complainant. E-mail dtd.16/11/06 sent to the Complainant by concerned officer of the Opposite Party has stated that –
“We refer to your recent communication with us with regard to your card account.
We would like to inform you that your card accounts have been invalidated in our records and as on date there is an outstanding of Rs.1,958.50 on your card account number ending with 6699 which pertains to only financial charges. We have arranged to reverse the same. Subsequent to these reversals as on date there is no outstanding payable by you on your card account number ending with 6699. We may add that as on date there is a credit balance of Rs.500.45 on your card account number ending with 2819.”
Ld.Advocate for the for the Complainant has submitted that as the Opposite Parties made wrong entries of the dues, Opposite Party; on their own account reversed the entries. In fact there were no outstanding dues against credit card of the Complainant.
Ld.Advocate Mr. Husain for the Opposite Party has submitted that there were outstanding dues of financial charges, interest from the Opposite Party. Inspite of repeated information and instructions given by the Opposite Party, the Complainant has failed and neglected to pay outstanding dues and therefore, as per the Credit Card Rules of the Opposite Party Bank, Opposite Party has cancelled Complainant’s Credit Card prior to transaction in question dtd.03/11/06. The Complainant himself is responsible for not paying dues.
In this case the Opposite Party has not produced Credit Card Rules. There is nothing on record to show that Credit Card Rules were given to the Complainant. There is nothing on record to show that in case of failure to pay outstanding dues of the Credit Card within a stipulated period, Opposite Party Bank was authorized to suspend or cancel the credit facility given to the Complainant. In this case Ld.Advocate for the Opposite Party has not disclosed what is mean by financial charges. It is admitted fact that so called entries of outstanding dues of Rs.1,958.50 recorded in the Complainant’s Credit Card Account, was reversed by the Opposite Party on its own. It is not explained why Opposite Party on its own reveresed the aforesaid outstanding dues entry of Rs.1,958.50 paise. Therefore, submissions made by the Complainant’s Advocate that the entry of aforesaid dues made by the concerned staff of the Opposite Party was made and when Opposite Party realized incorrectness of entry the said entry was reversed. Even previously also such types of wrong entries were made and subsequently they were reversed. Therefore, according to the Complainant’s Advocate, due to the deficiency in service on the part of Opposite Party wrong entries were made and Credit Card facility of the Complainant was cancelled. It is vehemently submitted that the Opposite Party never communicated to the Complainant about the cancellation of Credit Card entries. There is nothing on record to show that when monthly statement was given to the Complainant. It is submitted that prudent person cannot take a cancelled credit card to the foreign country and use it. In the instant case the Complainant is practicing advocate. Considering the facts we hold that the Complainant has proved deficiency in service on the part of Opposite Party. In the result we answer point no.1 in the affirmative.
Point No.2 : The Complainant has claimed compensation of Rs.10 Lacs for embarrassment, mental agony, inconvenience and hardship suffered due to the Opposite Party. Advocate for the Opposite Party has submitted that the amount of compensation claimed by the Complainant is exorbitant. As discussed above, the Complainant has proved deficiency in service on the part of Opposite Party. Due to deficiency in service on the part of Opposite Party the Complainant on 03/11/2006 suffered mental agony as the Credit Card transaction was not honored by the Opposite Party. It is submitted on behalf of Complainant that undisputedly credit card facility upto Rs.2,90,000/- was given to the Complainant by the Opposite Party and so the Complainant has taken the said Credit Card to Dubai but transaction on said Credit Card was dishonored, therefore, Complainant’s reputation was lowered and he suffered mental agony. Considering the facts that the Complainant has claimed exorbitant compensation, we think it just to direct Opposite Party to pay Rs.20,000/- as compensation for mental agony, harassment and inconvenience caused to the Complainant and Rs.5,000/- towards cost of this litigation. In the result we answer point no.2 accordingly.
For the reasons discussed above we partly allowed the complaint and pass the following order -
“O R D E R
1. Complaint No.305/2007 is partly allowed.
2. Opposite Party is directed to pay an amount of Rs.20,000/-(Rs. Twenty Thousand Only) to the Complainant towards
compensation for mental agony, harassment and inconvenience caused to the Complainant.
3.Opposite Party is directed to pay an amount of Rs.5,000/- (Rs.Five Thousand Only) to the Complainant towards cost
of this litigation.
4.Opposite Party is also directed to comply with the aforesaid order within 1 month from the receipt of copy of this
order.
5.Certified copies of this order be furnished to the parties.
