For Complainant         : Sri P. K. Das, Advocate & associates.

For OP No.1                 : Sri M. K. Panda, Advocate & associates.

For OP No.2                 : None.

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1.                     The brief history of the case of the complainant is that he is having Accounts with OP.1 vide A/c. No.10961600000045 and also availed Credit Card bearing No.4346786001608263.  It is submitted that after receipt of credit card, he submitted application to Ops requesting cancellation of credit card and accordingly it was locked without any use but the Ops demanded some amount towards utilization of credit card and deducted Rs.11, 800/- from the accounts of the complainant.  It is further submitted that the Ops without giving proper service illegally deducted the amount towards credit card utilization dues and the Ops also issued legal notice advising the complainant to pay credit card dues to the tune of Rs.22, 738.17.  Thus alleging unfair trade practice on the part of the Ops, he filed this case praying the Forum to direct the Ops to refund the money already collected from the complainant towards service charges  for utilization of credit card in illegal manner and to pay Rs.10, 000/- towards compensation and costs to the complainant.

2.                     The OP.1 though entered his appearance through his A/R, neither preferred to file counter nor participated further in this proceeding.  Similarly, the OP No.2 remained absent in this case in spite of valid notice.  Further the complainant also always remained absent after filing of this case.  Hence the case was posted for orders on merit as per the documents available on record.  The complainant has filed certain documents along with affidavit in support of his case.

3.                     In this case, the credit card vide No.4346786001608263 issued by the Op-1 in favour of the complainant is an admitted fact.  The complainant stated that though he availed the credit card, it was not activated by the Ops and he also does not know the use of credit card.  Further he has not used the credit card anywhere but the OP is demanding usage charges.  It is seen that the entire complaint petition is absent about the date of issue of credit card by the Ops.  The complainant also stated that the Ops issued legal notice dt.11.12.2012 to which he had replied with request to refund Rs.11, 800/- which was wrongly charged and debited from the account No.10961600000045 with OP.1.  This fact indicates that the complainant has availed credit card much before 11.12.12.  The copy of said notice and its reply is not available on record.  Instructions and guideline for issue and usage of credit card meant of user also has not been filed by the complainant.  No copy of application requesting the Ops to cancel the credit card as stated by the complainant is also available on record.  The complainant has not disclosed the date of lock of credit card by Ops as per his request.

4.                     Further the complainant states that he has not received any statement of accounts regarding use of credit card but on the other hand the Ops in their reply dt.25.6.2015 to the legal notice of the complainant stated that the statement of accounts are issued in the address of the complainant.  Clear facts in this case are not coming out in absence of active participation of parties and also for want of documents.  It is general principle that credit card facility attracts some charges as per credit card agreement and the card holder is supposed to pay charges levied on him after accepting the credit card.

5.                     In the above facts and circumstances, we do not find any merit in the case of the complainant which needs to be dismissed.  In the result, we dismiss the case of the complainant having no merit.

(to dict.)