: FINAL ORDER :
DATE OF FILING : 10.03.2017
ORDER No. 12
DATE. 17.11.2017
Shri Asoke Kumar Das – President
Complainant’s case in short is that he maintains an account bearing No. 237010100000365 with OP, AXIS Bank Ltd. He applied for a credit card for the type of ‘my choice’ and to avail that facility he paid Rs. 250/- to OP bank as joining fee and he was given credit card being No. 5245080003156243 by OP bank. On 08.03.2015 he spent Rs. 10,000/- by using his credit card as per SMS sent to him. On 28.03.2015 OP bank sent him an SMS claiming Rs. 10,280.90. The complainant deposited the said amount vide cheque No. 222075 to OP bank on 31.03.2015 and that was acknowledged by OP bank through SMS on that very date. On 31.03.2015 the complainant surrendered his credit card at Krishnagar Branch of OP bank and since then he has no connection with the said credit card. On 13.01.2016 the OP bank sent him a message claiming Rs. 620.50. On 19.01.2016 the complainant submitted an application before the OP bank expressing his grievance with request to solve his problem, but no action was taken by OP bank. On 30.04.2016, the OP bank sent a recovery notice to the complainant demanding Rs. 1803.4 as credit card dues. On 11.05.2016 a sum of Rs. 2146.90 was deducted from his said account illegally for using the said credit card which he surrendered on 31.03.2015. It is alleged by the complainant that he visited the office of the OP bank several times and requested for refund of the said deducted amount and for cancellation of his said credit card, but no fruitful result came out. OP is still sending messages to him claiming dues for the said credit card. The complainant sent lawyer’s notice to OPs by registered post on 29.03.2016 and 25.11.2016 but the OP bank gave no reply rather ignored the legal notice. Hence, this case. The complainant has prayed for a direction to OPs to refund of Rs. 2146.90 to him and to pay him Rs.50,000/- towards his mental, physical harassment, pecuniary loss etc.
The OP, Axis Bank Ltd. has contested this case by filing a written version denying and disputing, inter alia, the claims and contentions of the complainant with prayer for dismissal of the case with cost. The specific case of the OP bank is that the complainant has used the credit card for his own purposes and he never surrendered the said card as per terms & conditions of issuance of the credit card and thereby he has not complied with the procedure of surrender or termination of his credit card facilities and accordingly the credit card of the complainant has been active and annual charges and service charges etc. were levied as per terms & conditions.
POINTS FOR CONSIDERATION
- Is the case maintainable?
- Is the complainant a consumer?
- Is the OP liable for deficiency in service and / or unfair trade practice as alleged?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
After due consideration of entire materials on record the written argument and oral argument advanced by the Ld. Lawyers of both sides, we find that admittedly the complainant maintains account No. 237010100000365 with OP, AXIS Bank Ltd. and he opted for credit card to the bank and paid the requisite fees of Rs. 250/- as joining fee for getting the said credit card facility. Therefore, we are of the clear opinion that the complainant is a consumer of OP bank. Now from the technical point of view we find that this case is maintainable.
Now we find that the complainant took credit card facility from the OP bank on payment of required fees of Rs. 250/- and he was given credit card bearing No. 5245080003156243 by the OPs. We further find that the OP bank claimed Rs. 10280.9 from the complainant for using his credit card and the complainant has deposited the said amount in the bank by cheque on 31.03.2015 and that was acknowledged by the OP bank. We further find that on 31.03.15 the complainant has surrendered the said credit card to the OP bank as it appears from the acknowledgement issued by the OP bank and the complainant has intimated that fact to the Branch Manager, OP bank by his letter dtd. 19.01.16 requesting him to solve his problem. The OP bank in his written version has claimed that the complainant has not surrendered his credit card as per terms & conditions of the bank. The bank has also filed xerox copy of card member agreement which is signed by the authorized person of AXIS Bank Ltd. without date. This card member agreement containing 35.3 clauses is not bearing the signature of the complainant. The bank could not produce the original of the said card member agreement to show that the terms & conditions of this agreement was shown to the complainant and then he put his signature on the agreement. Therefore, the claim of the bank that the complainant has not surrendered his credit card as per terms & conditions of their card member agreement has got no leg to stand upon. Now from the documents, filed by the complainant i.e., the Acknowledging receipt of the bank dtd. 31.03.2015 and the copy of the letter of the complainant sent to the Branch Manager, dtd. 19.01.16 we find that the complainant has surrendered his credit card to OP bank on 31.03.15 and in spite of that the bank had not taken any step for termination of his credit card facilities and kept the card alive motivatedly and the bank has deducted Rs. 2146.90 from the account of the complainant without his permission illegally. Such act of OP bank certainly comes within the purview of deficiency in service and or unfair trade practice as alleged by the complainant. Therefore, we find and hold that the OP bank is liable for deficiency in service and/or unfair trade practice as alleged by the complainant.
In this view of the matter, we are of the clear opinion that the complainant is entitled to get the reliefs specified below. All points are disposed of accordingly. In the result the case succeeds.
Hence it is,
Ordered,
That the case/application is allowed on contest with litigation cost of Rs. 2000/- against the OP, AXIS Bank. The complainant do get an award of Rs. 2146.90 against the OP, AXIS Bank. The OP 1, AXIS Bank Ltd., Krishnagar Branch is hereby directed to pay to the complainant aforesaid awarded sum of Rs. 2146.90 plus litigation cost of Rs. 2,000/- to the complainant within 30 days from the date hereof, failing which, the OP shall have to pay Rs.30/- per day to the complainant till payment of the aforesaid awarded sum of money and the litigation cost to the complainant and the complainant shall be at liberty to compel the OP bank to comply the aforesaid directions as per provision of Consumer Protection Act, 1986.
Let plain copy of this final order be supplied to the parties / their Ld. Advocates / agents forthwith free of cost or send by ordinary post.
