DIST. CONSUMER DISPUTES REDRESSAL FORU
NORTH 24 Pgs., BARASAT.
C.C. No.- 98/2018
Date of Filing Date of Admission Date of Disposal
05.03.2018 14.03.2018 21.07.2020
Complainant /s :- Sri SUBRATA BOSE, Son of Late Prafulla Kumar Bose, of 4/192 Mahajati Nagar, P.O. Agarpara, P.S. Khardah, Dist. North 24 Parganas, Kolkata – 700 109.
=Vs=
O.P/s :- The competent authority / Branch Manager Credit Card Department, Axis Bank Ltd. Panihati Branch, Panihati, Kolkata – 114.
P R E S E N T:- :- Sri Karna Prasad Burma………..President
:- Smt. Monisha Shaw……………. Member.
Judgment
Brief fact of this case is that the complainant took personal loan amounting to Rs. 2,50,000/- from the O.P. Bank against his Credit Card being No.- 4514570010261587 and S.B. A/c No. 437010100000107 on 16/08/2016.
The O.P. Bank demarcated in his pass book A/c as “TO AXIS BANK CREDIT CARD PAYM 277298” being S.L. No. 24 as per terms and conditions of payment and re-payment of the said loan amount when the complainant returned his said loan amount of Rs. 2,50,000/- on 19/08/2016.
The complainant returned his said loan amount of Rs. 2,50,000/- within 4 (four) days to the O.P. Bank after taking said loan when he felt its no necessicity.
But the O.P. Bank did not adjust the said amount (Rs. 2,50,000/-) in the complainants loan account resulting which EMI is running against the complainant’s loan account @ Rs. 8,388/- from the month of September, 2016 (showing debited in his aforesaid Credit Card). Then the complainant informed this matter to the O.P. Bank on 01/08/2017 and the O.P. Bank told him that they could adjust the sum of Rs. 92,260/- but the O.P. Bank did not issue a single bill of EMI to that effect to the complainant uptill now. As such having been constraint the complainant filed this case U/s 12 of the C.P. Act 1986 against the O.P. Bank and prayed thereby order(s) so that he would get free from payment of any EMI against his aforesaid loan and he will get an amount of Rs. 50,000/- as cost and damage from the O.P. Bank inter-alia.
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Appearance is made on behalf of the O.P. Bank. W/V is submitted wherein categorical denials are made against the complaint. O.P. Bank took pleas that;-
- the O.P. Bank issued the aforesaid Credit Card to the complainant upto the limit amount of Rs. 86,000/- and the said card has been used by the complainant from time to time and the O.P. Bank raised statements to that effect through computer system and the said statements were duly received by the complainant;
- as per request of the complainant the O.P. Bank credited the loan amount in the complainant’s S.B. A/c on 16/08/2016 and the complainant were aware regarding terms and conditions regarding processing charge etc. of the loan amount and for cancellation of loan by contacting the O.P. Bank by its 24 hours Customer Care;
- without informing the Customer Care of the O.P. Bank; the complainant made an advanced payment of Rs. 2,50,000/- to the O.P. Bank on 19/08/2016 in his Credit Card Account and due to minimal human intervention and in absence of any intimation from the complainant; the computer system treated the said amount as advanced payment towards the Credit Card account. Consequently, the Credit Card account remained in credit balance (excess amount) for quite a long time and EMI of instant loan, expenditures made by customer, other charges etc. were charged to the Credit Card account;
- for the first time on 06/07/2017 the complainant approached the O.P. bank and requested for closure of the loan A/c by submitting a letter from which the O.P. bank came to know that the complainant made advanced payment on 19/08/2016. Whereas the complainant did not communicate the O.P. Bank regarding his such payment in the earlier as such his loan A/c was not closed resulting which amount lying in the Credit Card A/c of the complainant has been treated as advanced payment;
- it was explained to the complainant that prior to statement for August 2016, the overdue balance was zero thereafter the complainant took loan and deposited the amount in his Credit Card A/c on 19/08/2016 and thereafter the complainant used his said Credit Card till 06/04/2017 for an amount of Rs. 60,294.69 for his different purpose. Amount of Rs. 575 has been levied on his Credit Card towards Annual Fees and Service Tax as per terms and conditions. To trick the O.P. Bank by using his Credit Card the complainant made his said advance payment and he did not inform the O.P. regarding his such payment;
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- the complainant continued his loan and requested the O.P. Bank to refund his remaining credit balance on assurance of making payment of the EMI(s) towards his instant loan and as a result an amount of Rs. 92,260.95 was refunded to his S.B. A/c;
- the complainant requested the O.P. Bank for closure of his loan A/c through legal notice in January, 2018 and his loan a/c has been forclosed in February, 2018 and as per statement dated 20/04/2018 an outstanding amount of Rs. 2,04643.18 is lying in the Credit Card A/c of the complainant;
Considering such facts and circumstances O.P. Bank prayed dismissal of this case.
On the basis of the pleadings as well as on consideration of nature and character of the C.P. Act, 1986, following points are necessarily come out to reach to the just decision of this case;-
- Is the complainant consumer U/s 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the case?
- Is there any deficiency in service on part of the O.PS?
- To what other relief / reliefs the complainant is entitled?
In hearing of argument Ld. Advocates appearing on behalf of the complainant Mr. Amal Kanti Ganguly and Mr. Samir Mitra submitted that the O.P. Bank has debited excess amount from the savings a/c of the complainant. The O.P. Bank admitted the advance payment. The O.P. Bank has missed the savings a/c of the complainant. The complainant has cash credit a/c. The O.P. Bank has debited 19 EMI(s) @ Rs. 8,388/-. The complainant has cash facility in his credit card up to Rs. 2,50,000/-. The complainant has refunded his loan amount amounting to Rs. 2,50,000/- within 3 days to the O.P. Bank. Ld. Advocates of the complainant opined that the complainant is entitled to as he prayed for.
In reply Ld. Advocate appearing on behalf of the O.P. Bank Mr. Rajesh Biswas submitted that the O.P. Bank disbursed the loan amount on 16/08/2016. The date of filing of this case is 05/03/2018. The O.P. Bank supplied the statement of payment in the C/R. The instant case is barred by limitation. The complainant prayed for personal loan amounting to Rs. 2,50,000/- by virtue of his credit card on 12/08/2016. His deposited amount of Rs. 2,50,000/- has been transferred to his credit card on 19/08/2016. The complainant had dues in his credit card. The complainant did not liquidate his loan amount. The complainant filed this case by suppressing the real facts. The complainant did not request to cancel his loan a/c. The instant case is not maintainable. Mr. Biswas opined that the instant case be dismissed.
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Decision with reasons:-
By virtue of this Credit Card and his Savings A/c in the O.P. Bank (mentioned above) the complainant accrued his status as consumer U/s 2(1)(d)(ii) of the C.P. Act, 1986.
The complainant resides under P.S. Khardah and the O.P. Bank situated at Panihati within territorial jurisdiction of this Foram. Claim amount does not exceed the pecuniary limit of this Foram. As such this Foram has ample power to try this case.
It is admitted by both sides that an amount of Rs. 2,50,000/- was taken by the complainant from the O.P. Bank as his personal loan on 16/08/2016 and the said amount was returned by the complainant to the O.P. Bank on 19/08/2016.
O.P. side took defence that whereas the complainant did not inform this matter of refund amount to O.P. Bank by its 24 hours Customer Care as such the computer system of the O.P. Bank treated the said returned amount of the complainant as his advance payment against his loan account and the complainant’s loan a/c has not been closed resulting which EMI(s) have been debited upto February, 2018. We are unhappy to accept such defence of the O.P. Bank since the time from 19/08/2016 to February, 2018 is a long one wherein the O.P. Bank calculated statement of a/c of the complainant. Being service provider the O.P. Bank ought to inform the matter of forclosure of loan a/c of the complainant immediately after 19/08/2016. Computer System acts as per operation of its concerned operator. So it is unbelievable that the computer system is responsible for non-closure of loan a/c of the complainant. We are of the view that due to callousness on part of the O.P. Bank such sheer negligence caused to the complainant – this is the deficiency in service of the O.P. Bank. Considering such position we are of the opinion that it should be justified to direct the O.P. Bank to discontinue the debiting of EMI from the a/c of the complainant (Credit Card A/c or other A/c) in respect of his personal loan amount of Rs. 2,50,000/- and to refund the debited amount (in c/w levy; charge etc.), if any, to him.
Considering positive results of the discussed points point No. 4 bears positive result and that should be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees paid are correct.
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Hence,
for ends of justice,
it is ordered:-
that this instant C.C. being No. 98/2018 be and the same is allowed on contest with costs.
The concerned authority of the O.P. Bank is hereby directed to discontinue the debiting of EMI(s) from the Credit Card A/c / other account of the complainant is respect of his personal loan amounting to Rs. 2,50,000/- which was taken by him on 16/08/2016 and returned the same on 19/08/2016.
The concerned authority of the O.P. Bank is further directed to refund the debited amount in respect of the aforesaid loan amount of the complainant, if any, within 35 days from this day.
The complainant is hereby became free from making payment of EMI for his aforesaid personal loan amount.
The complainant do get a further decree of an amount of Rs. 3,000/- as compensation for his mental agony and harassment + Rs. 2,000/- as litigation costs.
The concerned authority of the O.P. Bank is directed to pay the aforesaid decretal amount (Rs. 3,000 + Rs. 2,000) = Rs. 5,000/- to the complainant within 40 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.
In case of realization of decretal dues through execution the complainant will be entitled to 8% interest per Annum from the date of filing of this case from 05/03/2018 till liquidation of the entire decretal dues.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated and corrected by
President
Member President
