Tamil Nadu

North Chennai

61/2014

P.Kannan,S/o.Late RamaPalaniyappan - Complainant(s)

Versus

The Branch Manager, - Opp.Party(s)

Party in person

31 Mar 2017

ORDER

 

                                                            Complaint presented on:  26.03.2014

                                                                Order pronounced on:  31.03.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY THE 31^st DAY OF MARCH 2017

 

C.C.NO.61/2014

 

 

P.Kannan,

S/o.Late Rama, Palaniappan,

L-11/L Bharathidhasan Colony,

K.K.Nagar,

Chennai – 600 078.

                                                                                    ….. Complainant

 

..Vs..

The Branch Manager,

HDFC Bank, Credit Cards Division,

Ceebros Building,

No.110, Nelson Manickam Road,

Aminjikarai, Chennai – 600 029.

.....Opposite Party

Date of complaint                                 : 01.04.2014

Counsel for Complainant                      : Party in person

Counsel for    Opposite Party                   : T.K.M.SaiKrishnan, N.Premalatha

 

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the Opposite Party to close the credit card account of the Complainant and compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The opposite party agent lured the Complainant to avail the credit cards are issued interest free usage of money and hence the Complainant also agreed to avail the credit   cards from the opposite party. After obtaining signature in the card agreement the credit card bearing No.4346771000199076 was issued in the year 2001 with a credit limit of Rs.65,000/-. The Complainant paid the dues in respect of the credit card without any problem. The opposite party demanding higher service charges and other charges from the Complainant and hence he wanted to close the card account. The Complainant paid a sum of Rs.62,643.35/- by way of cheque to the opposite party on 11.08.2013 to the collection agent K.Tamilselvan and the balance was brought to “0”. However for the said balance no statement was issued to him by the opposite party.

          2. The Complainant used the credit cards for making minimum payment and the total balance was about Rs.71,000/- as shown by the opposite party. On 14.07.2004 morning some gangsters went to the Complainant and demanded the entire payment of above said amount and also abused him in filthy language. The Complainant mortgaged his wife   jewels and managed a sum of Rs.34,000/- and paid to them. Again they came on 19.07.2004 and demanded the balance amount and again arranged sum of Rs.33,500/- and paid to the opposite party collections agent Mr.M.Vadivelu. Thereafter again on 18.08.2004 paid a sum of Rs.3,500/- and on 30.09.2004 paid a sum of Rs.1,500/- to the said agent and obtained receipt. As told by the agent the settlement letter and NOC was not issued by the opposite party. The collection agent informed the Complainant that his card account was invalidated on 22.02.2004 and even thereafter NOC was  not issued to him inspite of that he had paid all the dues on 30.09.2004.

          3. The opposite party counsel issued a notice dated 09.05.2012 demanding a sum of Rs.3,48,786/- for payment within 7 days of notice. The Complainant again received a letter from the opposite party demanding only a payment of Rs.1,86,099.53/- as outstanding amount in respect of the credit cards. The Complainant issued a reply dated 23.05.2012 that he had already paid the amount to the agent of the opposite party. Thereafter the Complainant wrote several letters to the Grievances Redressal Officer but there was no use. The opposite party having collected the amount due from him and also closed the card account and they have not issued NOC  as required by the Complainant. Therefore even though the Complainant paid the regular payments for his card the opposite party invalidated his credit card even after payment of the entire dues on 30.09.2004.  The Complainant wrote a letter dated 03.01.2005 and subsequent letters to the opposite party and failed to issue NOC is deficiency on the part of the opposite party and further he had committed unfair trade practice by employing the gangsters to collect the amounts. Hence the Complainant filed this complaint claiming compensation for humiliation, insult and mental agony undergone by him with cost of the complaint.     

 

4. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The Complaint is not maintainable as it is clearly barred by limitation, since the disputes relates to 2004. The said credit card bearing No.4346771000199076 was issued to the Complainant on his request on 10.07.2002.  The opposite party is regularly dispatching the statement of accounts to all their customers. In such event the allegation found in para 4 of the Complaint does not carry any legal sanctity. Moreover the Complainant himself has agreed that the balance in the credit card was brought down to “0” in the month of August 2003. This clearly establishes the fact that the Complainant has been receiving the statement of accounts regularly from the opposite party bank.  The Complainant alleged that he had paid a sum of Rs.34,000/- on 14.07.2004 after pledging  his wife’s jewel and further filed a copy of the receipt copy No.R139402 in the typed set of papers. The opposite party hereby questions the authenticity of the said receipt and a suspicion arises that a foul play would have been played by the Complainant. Unless and until the original copy of the said receipt is perused and examined the authenticity of the said receipt is questionable. Further the Complainant had not filed any supportive evidences/documents to substantiate that the Complainant’s wife jewel was pledged on 14.07.2004 to make the said payment and other expenses as alleged by him. Similarly the payment of Rs.33,500/- on 19.07.2004 vide receipt No.R13944 is also questionable on the same parlance as stated above. The opposite party submits that the said credit card was charged off on 31.07.2004 and the balance was Rs.71,723.72/-. The interest was calculated on the available balance amount, since August 2004 @2.45% per month. It is pertinent to note here that on the basis of internal decisions made by the Senior Authorities of the bank the rate of interest was brought down to 1.5% per month, therefore on 31.07.2013 a huge amount of Rs.3,13,463.45/- was reversed in the said credit card and the balance on the said credit card was brought down to Rs.1,83,349.29/- as on 31.07.2013.  The opposite party does not deny the notice dated 04.06.2013. It is vehemently denied by the opposite party that the agents or the officials of the opposite party had given torturous treatment to the Complainant. It is pertinent to note here that the Complainant himself agreed in the letter dated 19.06.2013 that he is willing to settle the issue and close the account, this clearly establishes the fact that the Complainant is well aware, that there is outstanding amount due to the opposite party bank. For the Complainant’s letter dated 24.07.2013 the opposite party bank in their letter dated 02.09.2013 had clearly stated that the Complainant can approach the Debt Management executives on the given numbers to obtain duplicate statement and for further clarification. Hence the opposite party prays to dismiss the complaint with exemplary cost.

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          It is an admitted fact that the Complainant was issued with credit card bearing No. 4346771000199076 with a credit limit of Rs.65,000/- in the year 2001 and the Complainant also while using the card paid the amount periodically and during August 2003 he had paid the entire amount and the balance was brought to “0” and the same was evidenced under Ex.B3 series at page 27 of the credit card statement.

          7. The Complainant  contended that on 14.07.2004 the opposite party sent gangsters about 7 in number informed the Complainant that they were entrusted with the collection job and demanded to pay immediately and they also abused him in filthy language and unable to tolerate the same, the Complainant after pledging his wife’s jewel and made  payment of Rs.34,000/- and again they demanded on 19.07.2004 and paid a sum of Rs.33,500/- to the collection agent Mr.Vadivelu and the said agent actually belongs to credit Management Service and thereafter he paid a sum  of Rs.3,500/- on 18.08.2004 and another sum of Rs.1,500/- on 30.09.2004 and settled the entire amount and the agent informed the Complainant  that he will come and issue settlement letter and NOC from the bank and however nothing was issued to him and thereafter the opposite party issued Ex.A11  letter dated 03.01.2005 demanding the opposite party to issue NOC to him and instead of issuing such certificate, the Opposite Party invalidated his credit card on 22.02.2004 and thereby the opposite party has committed deficiency in service and further the opposite party issued Ex.A12 notice dated 09.05.2012 to the Complainant demanding a sum of Rs.3,48,786/- towards his credit card arrears and actually the Complainant is not liable to pay any such amount and therefore the Complainant field this complaint for deficiency committed by  the opposite party.

          8. The opposite party would reply that he admit the “0” balance in the month of August 2003 and however the payments alleged by the complainant on various days are disputed and further only for the arrears this opposite party issued Ex.A12 legal notice to the Complainant demanding for the payment of Rs.3,48,786/- and the Complainant also gave reply under Ex.A13 dated 23.05.2012 and thereafter several correspondences exchanged between the parties and such correspondences will not give raise any cause of action and    therefore the Complaint is clearly barred by limitation and prays to dismiss the same.

          9. The Complainant admits that his credit card account was invalidated on 22.02.2004 by the opposite party. The Complainant marked Ex.A1 to Ex.A10 receipts alleged to have made payments to the opposite party or agent.  The Complainant sent Ex.A11 letter to the opposite party dated 03.01.2005 requesting him to issue No Objection Certificate (NOC). For receiving the said letter by the opposite party acknowledgement is available at page 13 of Ex.A11. The opposite party has not issued any NOC to the Complainant in pursuance of Ex.A11 letter. Since the opposite party failed to furnish NOC as demanded in Ex.A11 the cause of action arose to the Complainant to seek Redressal for demanding NOC from the date of that letter i.e on 03.01.2005.

          10. However from 03.01.2005 to till 08.05.2012 there was no correspondence between the Complainant and the opposite party more than 7 years in respect of the Complainant’s credit card account.

          11. The opposite party issued Ex.A12 legal notice dated 09.05.2012 to the Complainant demanding a sum of Rs.3,348,786/- to be paid within 7 days in respect of his credit card account. For the said notice the Complainant replied Ex.A13 notice dated 23.05.2012 and thereafter several correspondences Ex.A13 to Ex.A21 made between the Complainant and the opposite party. The opposite party relied on a judgment of the Hon’ble Supreme Court of India reported in II (2009) CPJ 29(SC) (State Bank of India-Appellant vs B.S. Agricultural Industies (I))  that banks reply will not confer  any limitation to the Complainant and therefore this complaint also barred by limitation and liable to be dismissed.

          12. Admittedly the Complainant demanded the opposite party to issue NOC on 03.01.2005 under Ex.A11 and the opposite party also did not issue the same. The opposite party demanded only due amount from the Complainant under Ex.A12 notice dated 09.05.2012 after 7 years of the letter EX.A11 dated 03.01.2005 sent by the Complainant. Therefore the cause of action arose for the Complainant only on 03.01.2005 to him, when he demanded NOC from the opposite party. Having the opposite party failed to issue NOC, the Complainant ought to have taken steps for redressal to get NOC from the opposite party based on the cause of action on 03.01.2005. From that date, the Complainant is entitled to file Complaint within 2 years as per section 24(A) of the CP Act. The Hon’ble Supreme Court also held that the banks reply date cannot be taken for cause of action. Ex.A12 notice dated 09.05.2012 issued to the Complainant demanding arrears of money from the Complainant will not any confer limitation to the Complainant as per the above referred judgment of Hon’ble Supreme Court. The Complainant sought relief in the complaint to direct the opposite party to issue NOC with other relief. Since the Complainant seeks relief to issue NOC with other relief and also compensation, the cause of action arise for limitation only on 03.01.2004 and therefore we hold that the complaint is clearly barred by limitation.

          13. Since the Complaint is barred by limitation and the Complaint is liable to be dismissed on that account. In such circumstances, it would be unnecessary to examine the  other grounds with reference to the facts of the case is in challenge by the Complainant. Therefore for the aforesaid discussions we hold that the complaint is barred by limitation and in view of that the opposite party also has not committed in deficiency in service.

14. POINT NO:2

          Since the complaint is barred by limitation and the complaint is liable to be dismissed.

          In the result the complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 31^st day of March 2017.

MEMBER – II                                                               PRESIDENTs

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 11.08.2003                   Receipt for payment issued by the Opposite Party

Ex.A2 dated 22.01.2004                   Receipt for payment issued by the Opposite Party

Ex.A3 dated 18.02.2004                   Receipt for payment issued by the Opposite Party

Ex.A4 dated 30.04.2004                   Receipt for payment issued by the Opposite Party

Ex.A5 dated 16.06.2004                   Receipt for payment issued by the Opposite Party

Ex.A6 dated 30.06.2004                   Receipt for payment issued by the Opposite Party

Ex.A7 dated 14.07.2004                   Receipt for payment issued by the Opposite Party

Ex.A8 dated 19.07.2004                   Receipt for payment issued by the Opposite Party

Ex.A9 dated 18.08.2004                   Receipt for payment issued by the Opposite Party

Ex.A10 dated 30.09.2004                 Receipt for payment issued by the Opposite Party

Ex.A11 dated 03.01.2005                 Letter sent to the Opposite Party requesting NOC

                                                    &  A.C.Card

 

Ex.A12 dated 09.05.2012                 Legal notice issued by the Opposite Party to the

                                                    Complainant

 

Ex.A13 dated 23.05.2012                 Reply notice sent by the Complainant

 

Ex.A14 dated 04.06.2013                 Letter received by the Complainant form the

                                                    Opposite Party

 

Ex.A15 dated 19.06.2013                 Letter sent by the Complainant & A.C.Card

 

 

Ex.A16 dated 01.07.2013                 Letter received by the Complainant from the

                                                    Opposite Party

 

Ex.A17 dated 24.07.2013                 Letter sent by the Complainant

Ex.A18 dated 02.09.2013                 Letter received by the Complainant form the

                                                    Opposite Party

 

Ex.A19 dated 13.09.2013                 Letter sent by the Complainant to the Grievance

                                                    Redressal officer of the O.P & A.C.Card

 

Ex.A20 dated 18.09.2013                 Letter received by the Complainant from the

                                                     Opposite Party

 

Ex.A21 dated 19.09.2013                 Letter received by the Complainant from the

                                                     Opposite Party

 

Ex.A22 dated 20.10.2013                 Reminder letter sent by the Complainant to the

                                                   Grievance Redressal Officer of the O.P & A.C.

                                                     Card

 

Ex.A23 dated 26.10.2013                 Letter received by the Complainant from the

                                                     Opposite Party

 

Ex.A24 dated 09.11.2013                 Letter sent by the Complainant to the principal

                                                    Nodal officer of the O.P & A.C Card

 

Ex.A25 dated 22.11.2013                 Letter received from the Grievance Redressal

                                                    Officer of the O.P with statements from Aug 2002

                                                    to Jul 2004

 

Ex.A25-01 dated 11.08.02      Statement of accounts received from O.P

 

Ex.A25-02 dated 11.09.02      Statement of accounts received from O.P

 

Ex.A25-03 dated 11.10.02      Statement of accounts received from O.P

 

Ex.A25-04 dated 11.11.02      Statement of accounts received from O.P

 

Ex.A25-05 dated 22.11.02      Statement of accounts received from O.P

 

Ex.A25-06 dated 22.12.02      Statement of accounts received from O.P

 

Ex.A25-07 dated 22.01.03      Statement of accounts received from O.P

 

Ex.A25-08 dated 22.02.03      Statement of accounts received from O.P

 

Ex.A25-09 dated 22.03.03      Statement of accounts received from O.P

 

Ex.A25-10 dated 22.04.03      Statement of accounts received from O.P

 

Ex.A25-11 dated 22.05.03      Statement of accounts received from O.P

 

Ex.A25-12 dated 22.06.03      Statement of accounts received from O.P

 

Ex.A25-13 dated 22.07.03      Statement of accounts received from O.P

 

Ex.A25-14 dated 22.08.03      Statement of accounts received from O.P

 

Ex.A25-15 dated 12.10.03      Statement of accounts received from O.P

 

Ex.A25-16 dated 22.10.03      Statement of accounts received from O.P

 

Ex.A25-17 dated 22.11.03      Statement of accounts received from O.P

 

Ex.A25-18 dated 22.12.03      Statement of accounts received from O.P

 

Ex.A25-19 dated 22.01.04      Statement of accounts received from O.P

 

Ex.A25-20 dated 22.02.04      Statement of accounts received from O.P

 

Ex.A25-21 dated 22.03.04      Statement of accounts received from O.P

 

Ex.A25-22 dated 22.04.04      Statement of accounts received from O.P

 

Ex.A25-23 dated 22.05.04      Statement of accounts received from O.P

 

Ex.A25-24 dated 22.06.04      Statement of accounts received from O.P

 

Ex.A25-25 dated 22.07.04      Statement of accounts received from O.P

 

Ex.A26 dated 04.02.2014                 Letter received by the Complainant from the

                                                     Opposite Party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated NIL                     Credit Card Application Form

 

Ex.B2 dated NIL                     Most important terms and conditions

 

Ex.B3 dated NIL                     Statement of Accounts

                                               

 

 

MEMBER – II                                                               PRESIDENT