Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 30.04.2016

                    Smt. Karishma Mandal

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to waive the amount of interest and other unnecessary charges towards the bill against his credit card.
2. To direct the opposite parties to pay Rs. 1,50,000/- ( Rs. One Lakh Fifty Thousand only ) as compensation.
3. To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs

2. The facts of this case lies in a narrow compass which is as follows:-

It is the case of the complainant that he was allotted a credit card bearing no. 5176/5210/0027/7030 and also opened an account which was later closed by complainant due to indifferent attitude of opposite parties.

The complainant has further asserted that he used to pay the bill towards credit card after ascertaining the details from internet. In the past the complainant had to pay unnecessary interest as the bill was not made available to him on monthly basis.

It has been further asserted by the complainant that opposite parties have stopped supply of the bill on the monthly basis against the aforesaid credit card for last two years and hence the complainant used to download it from internet and pay the same but once his saving account with the bank was closed this option was not made available to him and only source of knowledge was the bill made available by the bank.

It is further case of the complainant that he got a telephone call on his mobile to clear his outstanding dues sometimes in the month of 2009. Thereafter complainant used to receive reminders for paying the bill on day to day basis which caused him serious trouble and the request of the complainant to opposite parties for supplying the detail statement of his account to enable him to verify authenticity of the bill was not entertained by opposite parties.

It is the grievance of the complainant that in spite of several request of the complainant to opposite party, the opposite party did not supply the details of bill month wise which is unethical practice.

The next grievance of the complainant is that the bank would not supply the account statement and instead of this, it will come up deduction for non maintenance of quarterly deposit of Rs. 5,000/- in the complainant account. Even the request of the complainant for detail supply of his monthly bill through his own man did not pay any result except assurance.

On behalf of opposite party no. 1 and 2 a written statement has been filed stating therein that this Forum has no jurisdiction to entertain this complaint and there is no deficiency or negligence on the part of opposite parties.

It has been also sated by the opposite parties that both the parties are govern by terms and conditions mentioned in “ Card Member Agreement ” of opposite parties bank.

It has been stated that on the request of complainant that the credit card was issued.

It has been further stated that the bank vide letter dated 06.09.2008 had informed about regular sending of statement of account and further confirmed that statement of account for June 2008 to August 2008 and aforesaid account has already been sent to the mailing address of complainant vide annexure – A.

It has been stated that on the aforesaid card, there was dues of Rs. 83,456.80/- with complainant as on date and this case has been filed by the complainant to avoid payment.

The opposite parties have stated that the fact asserted in paras no. - 1, 2, 3, 5, 6 and 7 of the complaint petition are incorrect and misconceived and the opposite parties had sent the statement on regular basis but despite reminder the outstanding bill has not been cleared by the complainant.

It has also been asserted that the complainant has never made any complaint to the opposite parties that he has not received detail of account.

No any rejoinder has been filed on behalf of the complainant rather a written note of argument has been filed by the opposite parties repeating the same facts mentioned in the written statement.

It is the grievance of the complainant that he was not furnished the detail of account related to credit card by the opposite parties.

The complainant has asserted that as he has closed his account with the bank due to bank’s unjust attitude then the facilities of downloading his detail of account from internet was not made available to him.

The opposite parties have denied the allegation of the complainant that he was not supplied regular detail of account statement through e –mail of the complainant.

It is surprising that despite direction of the Forum to opposite parties on 26.02.2015 the opposite parties had not furnished the detail in writing whether account of the complainant has been closed or not? However some vague denial has been made by the opposite parties in Par a- 9 of the written statement. This shows the attitude of the opposite parties.

The complainant has not denied the assertion of the opposite parties by filing rejoinder etc. however it appears that aforesaid facts really constitute disputed fact which cannot be decided by this Forum and as such we think it proper to pass some direction to the parties in interest of justice.

We hereby direct the opposite parties jointly and severally to supply the detail statement of account relating to the credit card of complainant within a period of 15 days from the date of receipt of this order or certified copy of this order.

We further direct the complainant that after receiving of the aforesaid statement of account either on his e – mail or by hard copy from opposite parties the complainant will verify the detail and then make payment of his arrear within a period of 2 months from the date of receiving of statement of account.

It is made clear that if some portion of the account is found unjustified then with that portion of account, only the complainant will submit representation to the opposite parties raising objection with reason and the opposite parties will enquire the matter and intimate the result of enquiry and then the complainant will pay the aforesaid amount which is found just after enquiry by opposite parties within a further period of 1 month after receiving the result of the aforesaid enquiry.

Thus this complaint stands disposed off in the light of aforesaid direction.

                             Member                                                                              President