DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 12 of 2019

 

Smt. Anamika Deb,

D/O- Sri Himanghu Deb,

Hemendra Naresh Bhaban,

PKP Srani, Banamalipur, Agartrala,

Tripura- 799001. …...…...........................Complainant.

 

 

-VERSUS-

 

1. The Branch Manager, 

HDFC Bank Cards Division, 

P.O.- Box 8654,

Thiruvanmiyur,

P.O.- Chennai- 600041.

 

2. Branch Manager,

HDFC Bank, Agartala Branch, 

Math Chowmuhuni,

Agartala, Tripura- 799001.

 

3. The HDFC Bank 

Represented by Branch Manager, 

HDFC Bank, Agartala Branch, 

Math Chowmuhani, 

Agartala, Tripura-799001.......................... Opposite parties.

 

     __________PRESENT__________

 

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI UMESH DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr. BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : Complainant in person.

 

For the O.P. Nos. 1 & 2 : Sri Mridul Kanti Arya.

  Advocate.  

 

JUDGMENT  DELIVERED  ON :  30/09/2019

 

J U D G M E N T

          The Complainant Smt. Anamika Deb set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.Ps.

Complainant's case in brief is that the Complainant is a consumer of O.P. HDFC Bank, Agartala Branch and her Bank Account No. is 50100144085848. She is also holder of a HDFC Credit Card vide Account no. 337440611354151. The complainant alleged that in between 16.06.18 to 14.07.18 she had purchased some items valued Rs.16,571/- by using her Credit Card. However,  she subsequently refunded the said outstanding amount through online payment. The amount got credited to her account on 11.08.18 after the payment due date which had fallen on  05.08.18. Thus, according to the complainant the July month's credit card bill payment was late by 6 days.  The complainant stated in her complaint that the O.P. Bank has illegally charged under the heads namely over limit fee, late fee, IGST and Finance charges, which had been reflected in August month's Bill Statement  generated on 16th August, 2018. As soon as she received August month's credit card statement she contacted with the Customer Care of the O.P. Bank in order to enquire about levying of those charges and she also requested for withdrawal of those extra charges. She claimed that she had been paying all her dues in due time ever since she has been using the Credit Card. She further alleged that inspite of her several reminders through calls and E-mails to the O.P. Bank she did not get any response from the O.Ps. Moreover, she found that the O.P. Bank resorted to keep increasing those charges in subsequent months and that till November 2018 Rs.13,000/- extra amount was debited from her Savings Bank Account by the O.P. Bank without her consent. 

 

Being aggrieved and dissatisfied with the conduct of the O.Ps, she has filed the instant consumer complaint against the O.Ps claiming refund of Rs.13,000/- and compensation of Rs.10,000/-  for harassment and mental agony due to the deficiency of service committed by the O.Ps. 

Hence, this case.       

2. The O.Ps after receiving the notices appeared before the Forum and filed written objection denying the claims and contentions of the complainant. The O.Ps have asserted in their written objection that the Credit Card was issued to the complainant on the basis of her Credit Card Application Form which had been duly filled in and signed by her. Moreover, she was duly appraised by the O.P. Bank about the terms and conditions of the Card Member Agreement which governs the Credit Card facility. She was also furnished with Credit Card Member Agreement copy. The O.P. Bank also has been regularly sending her dues statements in her registered E-mail ID indicating her expenses incurred due to the purchase made by her time to time by using her credit card.  According to the O.Ps the credit card is such  a device that embodies implied agreement and that once the card holder puts signature on the reverse side of the card and swipes the same the card holder becomes bound by the agreement. Apart from this, the complainant is also governed by the Card Member Agreement, and that as per the Clause contained in page- 15 of the agreement under Annexure -1, the O.P. Bank has lien and the right to set off all her dues from the Savings Bank Account of the complainant consequent upon using the credit card. The O.Ps further stated in their written objection that, on 07.11.18 LIEN MARKED was made in the complainant's SB Account no. 5010014408548 for Rs.81,131.62/- which includes late fees and GST charges etc. including her dues and the said amount was set off from the account on 22.11.18. According to the O.Ps, inspite of having been served with E-mails and also preceded by repeated persuasions of the O.P. Bank, the complainant had failed to pay the dues which was shown in the bill statements for the months of September, October and November for the year 2018. Due to this the O.P. Bank in compliance with the terms & conditions of the agreement exercised the right of LIEN for setting off the due amounts from the Savings Bank Account of the complainant. The dues include late fees, GST, finance charges and over limit fees as per the schedule of charges as stated in pages- 8 to 10 of the agreement and the Most Important Terms and Conditions(MITC) under Annexure- 3. 

  The O.Ps have denied any sort of deficiency of service on their part towards the complainant. They have thus prayed for dismissal of the compliant with costs.

EVIDENCE ADDUCE BY THE PARTIES:-

3. The Complainant examined herself as PW-I and submitted her examination in chief by way of affidavit. She has produced 7 documents. The documents on identification have been marked as Exhibit – 1 Series. The complainant was cross examined by the O.P. side.

  On behalf of the O.Ps one witness namely L. Apurba Singha, Legal Manager of the O.P. Bank has submitted his examination in chief by way of affidavit. The said witness submitted documents  namely copy of  Card Member Agreement (Annexure-1), copies of complete set of statements of Accounts(Annexure-2), copy of Most Important Terms and conditions[MITC](annexure-3). The documents have been marked as Exhibit A Series. This witness was also cross examined by the complainant.

4. POINTS TO BE DETERMINED:- 

  (i) Whether there is deficiency of service on the part of the O.Ps?

  (ii) Whether the complainant is entitled to get compensation/  relief as prayed for?

 

5. DECISION   AND  REASONS  FOR  DECISIONS:- 

      We have heard arguments from both sides. Both sides also submitted their written arguments. 

We have carefully gone through the pleadings of both the parties, the evidence, both documentary and oral adduced by both sides, and have also considered the arguments placed before us by both sides. 

It is evident that the complainant availed Credit Card facility from the O.P. Bank . The complainant in her complaint, as well as in her evidence-in-chief, alleged that between the dates 16/06/2018 to 14/07/2018 she had purchased some articles valued Rs.15,571/- using her Credit Card and that she had repaid the said amount to the Bank through on line payment on 11/08/2018 after the payment due date which had fallen on 05/08/2018. She was surprised to find that in her August month's bill statement which was generated on 16/08/2018 an excess amount of Rs.3,384/- was charged by the O.P. Bank under different heads namely over limit fee, late fee, IGST & Finance charges. Being aggrieved with the conduct of the O.P. Bank, she took up the matter with the customer care of the O.P. Bank and requested them to withdraw the charges which were levied behind her back and in an unjust manner. But the O.P. Bank did not solve the problem even after her repeated persuasion with them. She also contended that  the O.P. Bank started to keep increasing those charges in subsequent months till November,2018 and ultimately the O.P. Bank debited Rs.13,000/- from her Savings Bank Account illegally without her consent and approval. Accordingly to the Complainant such conduct of the O.P. Bank amounts to deficiency of service. She thus prayed for refund of Rs.13,000/- and compensation of Rs.10,000/- from the O.P. Bank.   

On behalf of the O.P. Bank it was argued that the Complainant has not come before the Forum with clean hands and that the O.P. Bank had taken action against the Complainant in-compliance with the terms and conditions of the Card Member Agreement and the Most Important Terms and Conditions(MITC) governing the Credit Card Facility being enjoyed by the Complainant. It was further contended that before the Credit Card was being handed over to the Complainant, she had been apprised by the O.P. Bank about the terms and conditions governing the Credit Card Facility. Even the Credit Card Brochure-cum Application including Declaration under Exhibit-A series was signed by the Complainant herself. It was also argued that the O.P. Bank was regularly sending dues statements month wise in the Complainant's registered E-mail ID which were incurred by the Complainant out of use of her Credit Card, but the Complainant had failed to pay of her dues in time resulting which late fees and other fees as per the terms and conditions of the Card Member Agreement were accrued with the Principal amount. But even after repeated reminders given by the O.P. Bank the Complainant did not pay the late fees and other charges and consequently the O.P. Bank as per the agreement set off the dues along with other charges from the account of the Complainant. Learned Counsel appearing for the O.P. Bank has relied upon the Credit Card Statements issued in the name of the Complainant for the months from July,2018 to December,2018 under Exhibit-A series to substantiate his argument that the O.P. Bank did not commit any wrong in dealing with the matter of the Complainant. Denying any deficiency of service and negligence on the part of the O.P. Bank, Learned Counsel has contended that the Complainant had suffered due to her negligence in repaying  the dues of the O.P. Bank within the time stipulated under the Card Member Agreement.  

Learned Counsel for the O.P. Bank has thus prayed for dismissal of the complaint.  

We find force in the submissions made by the Learned Counsel for the O.P. Bank. On perusal of the Credit Card Statements issued in the name of the Complainant for the months from July,2018 to December,2018 under Exhibit-A series we find that the Complainant did not clear her pending dues which had been incurred due to her using of the Credit Card. On perusal of the Credit Card Application Form including the Declaration being annexed with the Form we find that the Complainant had put her signatures both in the Form as well as below the  Declaration. So we are satisfied that the complainant was well versed with the terms and conditions governing the Credit Card facilities and the obligations their under. We further noticed that in page 15 of the Card Member Agreement the O.P. Bank has been empowered to have lien and right to get setting off on all monies to the Card Member in order to adjust the outstanding dues under the Credit Card Account. 

6. In view of the discussion made above and having regard to the materials on record furnished by the O.P. Bank, we find and hold that the Complainant has failed to make out a case U/S 12 of the Consumer Protection Act, 1986 against the O.P. Bank, as we do not find deficiency of service committed by the O.P. Bank to the Complainant. 

  We accordingly dismiss the Complaint filed by the Complainant. 

There is no order as to costs. 

 

    Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

 

 

SMT. DR.  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA