Tamil Nadu

South Chennai

406/2010

S.kuzhanthaiswamy - Complainant(s)

Versus

The General Manager, Royal Bank of scotland & another - Opp.Party(s)

P.Vinodh Kumar

20 Jun 2018

ORDER

                                                                        Date of Filing  : 11.10.2010

                                                                          Date of Order : 20.06.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.406 /2010

DATED THIS WEDNESDAY THE 20^TH DAY OF JUNE 2018

                                 

Mr. S. Kuzhanthaiswamy,

S/o. Mr. S. Subramaniyam,

No.44/2, Lal Begham Street,

Chepauk, Near MAC Cricket Stadium,

Chennai – 600 005.                                                      .. Complainant.                                                          ..Versus..

1. The General Manager,

Credit Card Operations,

 Royal Bank of Scotland,

Formerly ABN AMRO Bank,

Noida,

Uttar Pradesh.

 

2.  The Regional Manager,

Credit Card Operations,

Royal Bank of Scotland,

Formerly ABN AMRO Bank,

No.1, Harrington Road,

Opp. Shoppers Stop,

Chetpet,

Chennai – 600 031.                                             ..  Opposite parties.

          

Counsel for complainant         :  M/s. P. Vinodh Kumar & another

Counsel for Opposite parties  :  M/s. Umapathi & another

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to reverse a sum of Rs.5,000/- with interest and to pay a sum of Rs.5,00,000/- towards compensation for unfair trade practice, deficiency in service, hardship and mental agony with cost of Rs.10,000/-.

1.    The averments of the complaint in brief are as follows:

The complainant is a Credit Card holder of the opposite party bank.  During the year 2009, the complainant received calls from the opposite parties’ Customer Care informing that they are willing to give holiday voucher worth Rs.5,000/- to the complainant and the said amount will be added to his account only after utilisation of such voucher.  Hence the complainant refused to accept or receive the voucher of the opposite parties.  But the opposite parties sent the voucher after two months and debited the amount.   Immediately, the complainant contacted the Customer Care wherein no proper response given to him.   Hence the complainant rushed to the opposite parties bank and there also, the complainant was not treated proper.   Further the complainant submits that during the month of March 2010 when he was fuelling his vehicle in the petrol bunk to his utter shock and surprise, the transaction was declined.  Hence the complainant was put to trauma.  The complainant called his wife for due payment of petrol charges to meet such embarrassing situation caused great mental agony.   Further the complainant submits that the complainant issued legal notice dated:02.09.2010 to the opposite parties.  After receiving the notice the opposite party officials threatened the complainant with filthy language which caused great mental agony.   Hence this complaint is filed.

  2.   The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The opposite parties state that the complainant is a customer holding the credit card.  The complainant suppressed several material facts and filed this case and misrepresenting the opposite parties.    Further the opposite parties state that the offer fee for an amount  of Rs.5,000/- was debited from the complainant’s credit card account on 09^th April 2009 as depicted in the statement dated 12^th April 2009.  It is further submitted that the opposite party bank had reversed the said offer for an amount of Rs.5,000/- on 21^st December 2010 as depicted in the statement dated:12.01.2011.  Also as a service gesture, the bank had reversed all the late fees and service charges applicable in this regard.  There shall be no hardship or mental agony caused to the complainant.   Hence the complaint has to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite parties filed and documents Ex.B1 & Ex.B2 are filed and marked on the side of the opposite parties.

4.     The point for consideration is:

1. Whether the complainant is entitled to reverse the sum of Rs.5,000/- debited by the opposite parties with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.3,00,000/- towards unfair trade practice and deficiency in service and a sum of Rs.2,00,000/- towards hardship and mental agony with cost of Rs.10,000/- as prayed for?

5.     On point:-

The opposite parties filed their written arguments.  Heard the complainant’s Counsel.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  Admittedly, the complainant is a Credit Card holder of the opposite party bank.  During the year 2009, the complainant received calls from the opposite parties’ Customer Care informing that they are willing to give holiday voucher worth Rs.5,000/- to the complainant; the said amount will be added to his account only after utilisation of such voucher.  Hence the complainant refused to accept or receive the voucher of the opposite parties.  But the opposite parties sent the voucher after two months and debited the amount.   Immediately, the complainant contacted the Customer Care wherein no proper response was given to him.   Hence the complainant rushed to the opposite parties bank and there also, the complainant was not treated properly.   Further the contention of the complainant is that during the month of March 2010 when he was fuelling his vehicle in the petrol bunk to his utter shock and surprise, the transaction was declined.  Hence the complainant was put to trauma.  The complainant called his wife for due payment of petrol charges to meet such embarrassing situation which caused great mental agony.   Further the contention of the complainant is that for the unfair trade practice and deficiency in service of the opposite parties, due legal notice dated:02.09.2010 was issued as per Ex.A3.  After receiving the notice the opposite party officials threatened the complainant with filthy language caused great mental agony.   Hence the complainant was constrained to file this case claiming to recredit a sum of Rs.5,000/- deducted illegally with interest and compensation of Rs.5,00,000/- with cost. 

6.     The contention of the opposite parties is that admittedly, the complainant is a customer holding the credit card.  The complainant suppressed several material facts and filed this case and misrepresenting the opposite parties.  But the opposite parties has not stated anything about the suppression of material facts and misrepresentation.   Further the contention of the opposite parties is that the offer of holiday voucher worth Rs.5,000/- was issued to the complainant and debited in the a/c of the complainant which was duly reversed after receipt of the legal notice.  There shall be no hardship or mental agony caused to the complainant.   But the opposite parties has not denied the embarrassing circumstances experienced by the complainant at the time of fuelling in the petrol bunk due to the decline in the credit card.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties shall pay a sum of Rs.15,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1		Copy of the Statement of Accounts from 13.08.2010 to 12.09.2010
Ex.A2 Series		Copy of emails
Ex.A3	02.09.2010	Copy of legal notice issued by the complainant’s Counsel to the opposite parties through RPAD
Ex.A4	22.10.2010	Copy of the acknowledgement cards

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1		Copy of personal loan documentation form
Ex.B2		Copy of statement of accounts

 

 

MEMBER –I                                                                      PRESIDENT