Date of Filing : 19.02.2010
Date of Order : 24.02.2016.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.101/2010
WEDNESDAY THIS 24TH DAY OF FEBRUARY 2016
Jarvis Earnest Solomon,
S/o. Fredrick Solomon,
Times Global Broadcasting Co Ltd.,
Trade House, 1st Floor,
Kamala Mills Compound,
Senapathi Bapat Marg,
Lower Parel,
Mumbai, Maharastra 400 013. ..Complainant
..Vs..
1. The Branch Manager,
HDFC Bank Cards Division,
8, Lattice Bridge Road,
Thiruvanmiyur,
Chennai – 41.
2. The Branch Manager,
HDFC Bank,
Manekji Wadia Bldg.,
Ground Floor,
Nanik Motwani Marg,
Fort, Mumbai,
Maharashtra – 23. ..Opposite parties.
For the Complainant : M/s. B. Dhanaraj & other
For the Opposite parties : M/s. S.Vidhya
Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite parties to refund the amount debited from his account and also to pay a sum of Rs.4,00,000/- as compensation for mental agony and Rs.10,000/- as cost of the proceedings to the complainant.
ORDER
THIRU. B. RAMALINGAM PRESIDENT
1.The case of the complainant is briefly as follows:-
The complainant has originally availed credit card bearing account No.4346771002505569 with the first opposite party bank, by furnishing his name as Mr. Jarvis Earnest, with his address Star Vijay Ltd., 5, Jaganath Street, Nungambakkam, Chennai and effectively operated the same till 2005. The complainant after shifting his residence to Maharastra State has availed another credit card bearing account No.5176521000662314 and also a savings bank account with the 2nd opposite party by furnishing his name as Mr.Jarius with address Flat No.48, Sector 7, Antrophil (also with permanent address No. 8, Govarthan Street, Royapettah, Chennai 14). After receiving the said credit card the complainant was using the same and the bills were also duly paid without any default. In the month of March 2008 the opposite party had called the complainant and informed that he is a defaulter in payment and he has to pay a sum of Rs.118,542. 08 as due. If the complainant have failed to pay the dues for the another credit card bearing No.4346771002505569 the opposite parties where having the regular updates and peruses the reports. But the opposite parties have sanctioned another credit card and the same was also used from 2005 to 2009 suddenly claiming a huge amount as dues and also designed as a chronic defaulter which has caused severe mental agony and torture to the complainant.
2. Accordingly the complainant requested the opposite party to issue the statements of accounts but they failed to do so. On 6.3.2009 the complainant have received a notice to pay a sum of Rs.1,18,542.08 as balance and a sum of Rs.28,765.80 was debited from his account bearing No.00601050215067 in Mumbai account. As such the act of the opposite parties amounts to deficiency of service which caused mental agony and hardship to the complainant. Hence the complaint.
Written Version of opposite parties are briefly as follows:
3. The opposite parties denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The opposite parties submit that the complainant on basis of his card application form dated 5.9.2003 was issued a Visa Silver credit card bearing No.4346771002505569 w.e.f. 12.9.2003. Basis the card No.4346771002505569 the complainant has opted for a cash on call loan on November 2003 but due to non receipt of regular payments the loan was pre closed on 15.4.2004. Another loan was also taken by the complainant on 1.1.2004 and due to non receipt of regular payments the said loan was preclosed on 12.4.2004. The complainant basis his card application form dated 28.10.2005 was issued a Mastercard Gold Credit card bearing No.5176521000662314 w.e.f 5.11.2005. Further the use of the credit card by the complainant is deemed acceptance of the said terms and conditions. The complainant had opted for revolving the credit facility and his negligence in timely payment charges and over limit charges as per the payment default clause stipulated in the Card Member Agreement and notified separately under the head “Most important terms and conditions, while the complainant was repeatedly called upon to repay his dues, he fraudulently failed to make payment despite of several reminders and requests. With respect to credit card No.4346771002505569, the last payment made by the complainant was Rs.2,000/- on 15.6.2004. Due to irregular payments the card account was invalidated from further usage on 31.10.2004. Since no payment was forthcoming legal notice was issued to the complainant in the month of August 2008. Likewise conciliation notice was issued to him in the month of March 2010. Further due to non receipt of regular payments Lien was placed and set off was done on 20.3.2009 from the Savings Bank account of the complainant for Rs.28,765.80/-. With respect to credit card No.5176521000662314, due to non receipt of regular payments lien notice dated 5.7.2008 was issued to the complainant and due to non-payment set off was done for Rs.7000/- basis the debit note given by the complainant. Despite of notice the complainant failed to make payment which constrained the opposite parties to exercise its legally recognized right of bankers lien and set off the available balance of Rs.28,765.80 from the savings bank account of the complainant. Hence there is no deficiency in service on the part of the opposite parties and complaint is liable to be dismissed.
4. Complainant has filed his Proof affidavit and Ex.A1 & Ex.A2 were marked on the side of the complainant. Proof affidavit of Opposite parties are filed and Ex.B1 to Ex.B10 were marked on the side of the opposite parties.
5. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs asked for?.
6. POINTS 1 to 3 : -
Perused the complaint, written version of the opposite parties, proof affidavit of both parties and the documents Ex.A1 and Ex.A2 filed on the side of the complainant and Ex.B1 to Ex.B10 filed on the side the opposite parties and considered the arguments of both sides.
7. There is no dispute that the complainant has originally availed credit card bearing account No.4346771002505569 with the first opposite party bank, by furnishing his name as Mr. Jarvis Earnest, with his address Star Vijay Ltd., 5, Jaganath Street, Nungambakkam, Chennai and effectively operated the same till 2005. The complainant after shifting his residence to Maharastra State has availed another credit card bearing account No.5176521000662314 and also a savings bank account with the 2nd opposite party by furnishing his name as Mr.Jarius with address Flat No.48, Sector 7, Antrophil (also with permanent address no. 8, Govarthan Street, Royapettah, Chennai 14) as contended by the opposite party, the said fact is also proved by the documents filed on the side of opposite party which has not been denied by the complainant whereas the complainant has admitted the availing of above said two credit cards accounts and saving account with opposite parties in vague as averred in the complaint. It is also pertinent to mention that the name of the complainant given in the complaint is also differ from the names given by the complainant for availing compliant mentioned two loans from respective opposite parties. The complainant also not given proper explanation or reason for mentioning his different name as mentioned above.
8. According to complaint, complainant has stated that he has closed the credit card account No.4346771002505569 availed with 1st opposite party on payment of entire amount in the year 2005 itself. However no document for the proof of the said contention is produced and proved on the side of complainant. Since the opposite party has denied the said contention and contented that the complainant has not closed the said account and a sum of Rs.36,542.87 is due on 31.08.2014 and subsequently on 31.05.2005 a sum of Rs.2872.30 only paid by the complainant and as per the terms and condition of the said credit card account the complainant is liable to pay subsequent interest and penal interest for the said amount. As such the complainant has to pay amount due under the said account with accrued interest thereon, without disclosing the said fact the complainant has obtained another credit card with 2nd opposite party and also maintained a saving account by furnishing different name and address. When the same was found out by the opposite party, according to the right of lien under the bankers rules and regulations the opposite party have deducted a sum of Rs.28,765.80 from the saving account maintained by the complainant with the 2nd opposite party which is not illegal and not considered to be a unfair trade practice or deficiency of service on the part of opposite parties as alleged by the complainant. Therefore the complainant contention that on the eve of 2nd credit card facility and savings account permitted by the 2nd opposite party to the complainant alone not seem to be the presumption that the complainant has paid entire balance under the previous complainant mentioned card account No.4346771002505569, since the name and address are differently given by the complainant and obtained such facilities. However the complainant having failed to prove the contention that he has paid entire amount and closed the complainant mentioned account No.4346771002505569 in the year 2005 itself the complainant is not entitled for any relief against the opposite party sought for in the complaint and the complainant also miserable failed to prove the unfair trade practice and deficiency of service alleged against the opposite parties in the complaint. Therefore we are of the considered view the complainant is not entitled for any relief sought for in the complaint against the opposite parties and the complaint is liable to be dismissed. However considering the facts and circumstances of the case the parties are bear their own costs. According the points 1 and 2 are answered in favour of the opposite parties and against the complainant.
In the result this complaint is dismissed, No Costs.
Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the 24TH day of February 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 26.3.2009 - Copy of legal notice issued by the complainant counsel.
Ex.A2- - - Copy of Reply notice.
Opposite parties’ Exhibits:-
Ex.B1- - - Copy of Power of attorney.
Ex.B2- 23.10.2005 – Copy of Card application form.
Ex.B3- 5.9.2003 - Copy of card application form.
Ex.B4- - Copy of card member agreement.
Ex.B5- - - Copy of Most important terms and conditions.
Ex.B6- 6.3.2009 - Copy of Lien Notice.
Ex.B7- 9.7.2008 - Copy of Debit note.
Ex.B9- 11.10.2003 -
MEMBER-I MEMBER-II PRESIDENT.
