DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Civil Station, Palakkad 678001, Kerala
Dated this the 18th day of August, 2011
Present: Smt.Seena.H, President
: Smt.Preetha G Nair, Member
: Smt.Bhanumathi A.K. Member Date of filing: 20-4-2010
C.C.No.50/2010
Jayaram.v.u.
Radha Nivas,Bye pass road,
Near sulaikha Auditorium, -Complainant
Koduvayur, Palakkad.
(Adv. SANTHOSH.T)
Vs
1.The Branch Manager,
H.D.F.C Bank,Door no:3/596,
Main road, Koduvayur,
Palakkad.
-Opposite parties
2.The Branch Manager,
H.D.F.C Bank Cards Division,
8,Lattice Bridge Road,
Thiruvanmiyur,
Chennai-600041.
(Adv.LATHA JAYARAJ)
O R D E R
By Smt.PREETHA G NAIR, MEMBER
Complainant is having a business of textile garments, by name V.V textiles near to the office of 1st opposite party. The complainant is earning his livelihood from the same. The first opposite party is the Branch officer of the 2nd opposite party. The 1st opposite party is functioning as per the directions of the 2nd opposite party. The complainant has availed a credit card from the bank having number 4346772001088961 in the year 2005. After that as one time settlement towards the due as informed by the 1st opposite party, the complainant has agreed to settle the balance for a total amount of Rs.10,500/-(Rupees Ten Thousand and Five Hundred Only). Towards the same he has remitted Rs.2625/-(Rupees Two Thousand and Six Hundred and Twenty five Only) on 14-1-2008 and 22-03-2008 respectively as cash. Also given two cheques having number 845348 and 845349 dated 25-03-2008 and 10-04-2008 respectively of SBT. Receiving the amount paid as cash and cheques a receipt was issued to the complainant by the 2nd opposite party dated 17-03-2008.
After more than 1 year and 8 months that is on November 2009, the complainant is receiving the notice from the 2nd opposite party regarding the payment to be made again by the complainant. Then the complainant contacted with the 1st opposite party to know the details regarding the notice. The 1st opposite party has said that it will only be caused due to some mistakes. But the 2nd opposite party continued to send the notices through different persons claiming different amounts. In all the notices, they have claimed different amounts. The counsel of the complainant contacted with their officer named Prabhavathi in the number shown in the notice send by the 2nd opposite party dated 10-03-2010. But the response was negative, she expressed that she cannot reveal the details even after repeated requests. Then the complainant sent Advocate notice to the opposite parties. But no reply is send till this day. After that it was known that the 2nd opposite party freezed the another account of the complainant in the 1st opposite party having savings account number 15301000007379 and later the amount adjusted to the unknown balance of the credit card. The act of opposite parties amounts to clear deficiency in service and unfair trade practice. The opposite parties persuaded the complainant and received the cash deposits to put him in hardships due to the holding on funds. Then the complainant has undergone serious mental tensions and hardships and he has lost many business transactions because his funds was freezed by the opposite parties. Hence the complainant prays an order directing the opposite parties to pay Rs. 1,00,000/-(Rupees One Lakh Only) as compensation for the deficiency in service and pay cost of the proceedings to the complainant.
Opposite parties filed version stating the following contentions. The credit card limit for the complainant was Rs. 15,000/-(Rupees Fifteen Thousand Only) under card no:4346772001088961. During December 2008, when the complainant committed repayment of his credit card dues then defaulted amount was settled for Rs. 3,600/-((Rupees Three Thousand and Six Hundred Only). Which was agreed to be paid by the complainant in two installments. This was the only settlement ever discussed in between the complainant and the opposite party bank. The payments made by the complainant has been properly credited in his credit card account. The monthly statements of the account were being properly sent to the complainant and he is well aware of proper crediting of such payments. As per the terms and conditions agreed in between the complainant and the opposite party bank, which was acknowledged by the complainant apart from the principal amount and interest, he is liable to pay, late payment charges, cheque bouncer charges, penal interests. The terms of conditions also reiterate the right of banker's lien right available to the opposite party bank. On 25-03-2010, the opposite party bank put lien on the account of the complainant which was kept with the opposite party bank and Rs. 36,36,778/- was set off against the dues. On 8-4-2010 the opposite party sent lawyer notice to the complainant. The opposite party bank has not committed any unfair trade practice or no deficiency of service. Hence the opposite parties prayed that dismiss the complaint with cost.
Complainant and 2nd opposite party filed affidavit and documents. Ext. A1 to A6 marked on the side of complainant. Ext. B1 to B4 marked on the side of opposite parties. 2nd opposite party was cross-examined. Both parties filed arguments notes.
Issues to be considered are,
Whether there is any deficiency in service and unfair trade practice on the part of opposite parties.
If so, what is the relief and cost entitled to the complainant?
Issues I & II
Admittedly the complainant is a credit card holder from the opposite parties. In Ext. A1 the complainant paid Rs 10,500/-(Rupees Ten thousand and five Hundred Only) to the opposite parties on 17-3-2008. The complainant stated that he stopped the using of credit card after 17-03-2008. Thereafter the complainant received a lawyer notice from the opposite party dated 9-10-2009 directing him to pay Rs. 32,222/-. In Ext. A3 the 2nd opposite party sent another lawyer notice dated 1-11-2009 demanding the complainant to pay Rs. 33,011/-. In Ext. A4, also the lawyer notice dated 10-3-2010 sent by the 2nd opposite party demanding Rs. 36,367.78 to the complainant. Thereafter the complainant stated that the 2nd opposite party has freezed the savings bank account of the complainant for non payment of the amount. The opposite party bank put lien on the account of the complainant and Rs. 36,367.78 was set off against the dues payable by the complainant towards his credit card account. Also the opposite party bank sent lawyer notice to the complainant. In Ext.B3 page No:33.
Lien and right of set off
It is agreed that the bank at any time and without notice will have a lien and right of set off on all monies belonging to the card member and / or add on card member, standing to their credit in any account whatsoever with the Bank or in the possession or custody of the Bank.
In Ext. A1 the 2nd opposite party given a receipt to the complainant dated 17-03-2008. In Ext. B2 credit card statement dated 18-04-2008 total dues is 14,219/-. The date of cheques in Ext. A1 is 25-03-2008 and 10-04-2008. The complainant stated that he stopped the using of credit card. No evidence was produced by the opposite parties to prove that the terms and conditions were given to the complainant.
The 2nd opposite party stated that on December 2008 the defaulted amount was settled for Rs.3,600/-(Three Thousand and Six Hundred Only) by the complainant and agreed to be paid in two installments. No evidence was produced by the 2nd opposite party to prove the settlement of Rs.3,600/-(Rupees Three Thousand and Six Hundred Only) by the complainant.
After issuing the Ext. A1 notice, the 2nd opposite party issued the lawyer notice on 9-10-2009 for demanding Rs. 32,222/-. In Ext.B1 credit card statement shows the amount was debited on the account of purchase and debits after 17-3-2008.
In Ext. B1 the credit card statement mentioned the purchase and debit from 18-01-06 to 18-12-08. The complainant has no objection to marking of Ext. B1 document. The 2nd opposite party was examined as DW1. In Ext. A1 nowhere mentioned final settlement. Only mentioned settlement amount as Rs.10,500/-(Rupees Ten Thousand and Five Hundred Only).
In Ext. B1 the credit card statement total dues was Rs. 14804.26, on 18-2-08. The purchase and debits on 18-03-08 was Rs.1,173.60. No evidence was produced by the complainant to prove that he stopped the using of credit card after 17-03-2008. 2nd opposite party has filed affidavit for and on behalf of 1st opposite party.
In Ext.B1 Finance charges, retail, cash, service tax, cess tax, and late fee are mentioned after 18-04-2008, and debited the amount. The opposite parties not mentioned the settlement amount in Ext.B1. But debited the settlement amount of Rs.10,500/-(Rupees Ten thousand and Five Hundred Only) on account of cash payment. Opening balance on 18-05-2008 was Rs.14,219.09. In Ext.A1 the opposite parties not mentioned clearly the settlement was final or partly. Rs 10,500/- (Rupees Ten Thousand and Five Hundred Only) was deducted in the statement of complainant on March and April of 2008. The total due amount in 18-03-2008 was Rs.16,382.58. The complainant paid Rs.10,500/- on 17-03-2008. The balance amount is Rs.5882/-. The complainant stated that settlement done on 17/03/2008. No evidence was produced by the opposite parties to prove that balance amount of Rs.5882/- claimed to the complainant. Thereafter the opposite party deducted the amount on the account of complainant as late fee, finance charge, service tax and cess tax. Finally the opposite parties set off Rs. 36,367.78 on the account of complainant, as dues amount. The opposite parties not deducted the amount on the account of using the credit card after 18/04/2008.
In view of the above discussions, we are of the view that there is deficiency in service on the part of opposite parties. Hence the complaint allowed.
We direct the opposite parties jointly and severally to pay Rs.31,000/ (Rupees Thirty one thousand only) as compensation for deficiency in service and pay Rs.1000/ (Rupees One thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 18th day of August 2011.
Sd/-
Smt.Seena.H
Presdient
Sd/-
Smt.Preetha G Nair
Member
Sd/-
Smt.Bhanumathi.A.K.
Member
A P P E N D I X
Exhibits marked on the side of the complainant
Ext.A1 – Customer copy from HDFC Bank send to the complainant dated 17/03/2008.
Ext.A2- Lawyer notice send to the complainant by Adv.D.SATHYARAJ dated 09/10/2009.
Ext.A3- Lawyer notice send to the complainant by Adv.S.VIDHYA dated 01/11/2009.
Ext.A4- Notice from HDFC Bank send to the complainant by the opposite party , dated 10/03/2010.
Ext.A5- Lawyer notice by Adv.SANTHOSH.T send to The Manager, HDFC Bank dated 22/03/2010
Ext.A6- Receipt send to the complainant by the opposite party dated 14/01/2008
Exhibits marked on the side of the opposite parties
Ext.B1- The true copy of the monthly statements pertaining to the credit card of the complainant dated 18/01/2006.
Ext.B2- The true copy of the credit card application signed by the complainant.
Ext.B3- The copy of the relevant pages of the booklet which cover the terms and conditions.
Ext.B4- Lawyer notice send to the complainant dated 08/04/2010
Witness examined on the side of the complainant
Nill
Witness examined on the side of the opposite party
DW1- Renin Tharakan
Cost allowed
Rs.1,000/-(Rupees One Thousand Only) allowed as cost of the proceedings.
