PER SHRI. S.M. RATNAKAR – HON’BLE PRESIDENT
1) By this complaint the Complainant has prayed that it be held and declared that the Opposite Parties are guilty of deficiency of service and unfair trade practices as per the provisions of the Consumer Protection Act, 1986 (referred to as the Act). It is also prayed that the Opposite Parties be directed to pay Rs.1 Lac as compensation for causing physical and mental agony and cost of Rs.25,000/- towards this proceedings.
2) According to the Complainant, he had been issued Premium Club Supreme Experience Offer Credit Card bearing No.5415382325919397 sometime in the year 2006 by the Opposite Party. On 28/01/08 one additional card was offered for Complainant’s wife by Opposite Party No.1 free of charge. The said offer was accepted by the Complainant relying on the assurance and promise that the said card is free and the Complainant would not have to pay card fees, etc. It is alleged that thereafter, the Opposite Party No.1 alongwith the said credit card also offered Reliance General Insurance Policy of the Opposite Party No.2 on 03/04/08 and Healthwise Premium Debit Mediclaim Policy. It is alleged that the Complainant was not interested in the said policy. However, the Opposite Party No.1 offered the aforesaid Health Policy to the Complainant.
3) It is alleged that the Opposite Party No.1 & 2 then also sent policy certificate by post at the Complainant’s address. The Complainant thereafter immediately contacted the Opposite Party No.1 and informed that he shall return the said certificate. The representative of the Opposite Party No.1 told that they would send the representative to the Complainant for completion of cancellation formalities of the said policy. The Opposite Party No.1 however, did not send any representative to the Complainant inspite of informing the Opposite Party No.1 that he does not want to purchase the insurance policy of the Opposite Party No.2. The Complainant has filed the copy of the credit card issued to him by the Opposite Party No.1 as Exh.‘A’. According to the Complainant, the Opposite Party No.1 debited so many charges to his credit card account including the premium of the policy of Rs.11,940/- till 17/09/08, the Opposite Party No.1 shown balance of Rs.31,941.54 paise in the statement of credit card account of the Complainant. The copies of the said statements are marked at Exh.‘A-1’ to ‘A-4’ and the copies of the payments made by the Complainant at Exh.‘B’ and ‘B-1’. The Opposite Party No.1 issued notice to the Complainant through their advocate dtd.13/04/2009 demanding an amount of Rs.31,941.54 paise. The copy of said notice is marked at Exh.‘D’. The Complainant replied to the said notice through his advocate on 08/05/09. The copy of which is filed at Exh.‘E’. It is submitted that thereafter the Opposite Party issued telegram on 06/08/09 in which the Complainant was threatened with criminal action under Sec.405, 406, 420 I.P.C. before the Metropolitan Magistrate, Chennai. The copy of the said telegram is filed at Exh.‘F’.
4) It is contended that the Opposite Party No.1 in order to extort money from the Complainant resorted to illegal tactic to recover alleged payments which are not due against the Complainant. The said tactics adopted by the Opposite Party No.1 caused mental agony to the Complainant who is the respected Doctor and from Noble Profession. It is alleged that the Opposite Party No.1 without intimation and approval had sent statement for Mediclaim Insurance which the Complainant had never availed from the Opposite Parties and made repeated demands for alleged payments for the said insurance policy. It is contended that the Opposite Party No.1 till date did not rectify the statement and has been demanding alleged outstanding amount from the Complainant. The service tax charged and claimed against the Complainant is also wrong as the Opposite Party No.1 is the service provider. It is contended that the Opposite Parties are liable for deficiency in providing service and also adopting unfair trade practice. The Complainant has therefore, prayed for the reliefs in para one of this order.
5) The Opposite Party No.1 contested the claim by filing written statement. It is denied that there is any deficiency in services and unfair trade practices on the part of Opposite Party No.1. According to the Opposite Party No.1, the Complainant had availed Freedom Card bearing No.5453382325919397 alongwith a self and AD LABS Classic Card No.54153823259194913 which was issued on 10/10/2006 to the Complainant on the basis of duly signed credit card application form. The Complainant had utilized the credit card as per his own needs and convenience and also availed Reliance Health wise Insurance Policy on his credit card. Subsequently a premium of Rs.11,940/- was billed in the Complainant’s credit card account on 19/02/2008 on Complainant’s request. Policy document bearing policy No.282510239157 and showing premium amount receipt was delivered to the Complainant’s address on 22/02/2008 through BSA Courier which was duly accepted by the Complainant and the same was never objected not even any request was raised for cancellation of policy within 60 days time period. The Complainant was issued a card free of annual membership fee for the 1st year and subsequent year bank charge fee of Rs.299/- on 17/10/07 in Complainant’s credit card account. On Complainants consent Opposite Party No.1 had offered Premier Club & Supreme Offer and debited Rs.3,500/- on 28/01/08 in his credit card account. However, on the request of the Complainant, the said amount was reversed on 13/05/08. It is submitted that important terms and conditions are mentioned in the booklet when the credit card dispatched to the customer the Complainant was very irregular in clearing his credit card outstanding dues and charges as a result of which outstanding dues in the Complainant’s credit card account mounted and remained to be paid despite of several requests and reminders issued to the Complainant by the Opposite Party No.1. It is alleged that till 30/04/2010 an amount of Rs.31,941.54 paise of the Opposite Party No.1 was due against the Complainant as shown in detail of para 4b of the written statement. It is contended that the Opposite Party No.1 has followed rules, regulations in maintaining the account of the Complainant. The Opposite Party No.1 never indulged in unfair trade practices and is not guilty of deficiency of services. The other allegations made in the complaint are specifically denied. It is submitted that the complaint is false, baseless and devoid of any merits and therefore, deserves to be dismissed with cost.
6) The Opposite Party No.2 by written statement contested the claim. It is contended that no cause of action disclosed against the Opposite Party No.2. The complaint filed against the Opposite Party No.2 suffers from misjoinder/non joinder of necessary parties. The complaint is therefore, liable to be dismissed with cost. It is denied that the Opposite Party No.2 joined hands with Opposite Party No.1 and indulged in unfair trade practices.
7) The Complainant filed rejoinder to the complaint and to the written statement of Opposite Party No.1. The Senior Manager of the Opposite Party No.1 Mr. Sumeet Khanna filed his affidavit-in-evidence. One Shri. Ganesh Jadhav filed his affidavit for Opposite Party No.2. The Complainant has filed written argument. The Opposite Parties No.1 & 2 also filed their written arguments. The advocate for the Complainant Shri. R.C. Dhuru, inspite of notice remained absent and did not argue orally. We heard the oral arguments of the advocate for the Opposite Party No.1 Smt. Pradnya Lade and Smt. Vineeta Salunkhe for the Opposite Party No.2.
8) On perusal of the documents placed on record by the Complainant alongwith the complaint as well as the facts alleged in the Complainant we hold that whatever allegations made in the complaint are not at all supported by any satisfactory documentary evidence. The Complainant did not issue any correspondence to the Opposite Party No.1 & 2 prior to receiving the notice of Opposite Party No.1 dtd.13/04/09 which is at Exh.‘D’ to the complaint. The Complainant’s case about the debiting of wrong amounts to his credit card account is also not proved by the Complainant by pointing out as to how the debit entries are illegal and improper as per the terms and conditions agreed between the Complainant and Opposite Party No.1 at the time of issuing facility of the credit cards. Furthermore, the charges which are debited to the credit card account of the Complainant appear to have been debited as per its utilization by the Complainant and as per his own instructions to the Opposite Party No.1 and as such, it cannot be said illegal and improper. As the Complainant has failed to prove the allegations made in the complaint by any substantial proof, we hold that the Complainant is not entitled for the relief of compensation as claimed in the complaint. In the present case the Complainant has not proved any loss or injury to have been suffered by him due to negligence of the Opposite Parties. In the result we hold that the case made out by the Complainant against the Opposite Parties is without any basis. The Complainant failed to prove deficiency in service and unfair trade practice on the part of Opposite Parties and as such, the complaint is liable to be dismissed with no order as to cost. Following order is therefore passed -
O R D E R
i. Complaint No.303/2009 is dismissed with no order as to cost.
ii. Certified copies of this order be furnished to the parties.
