Orissa

Cuttak

CC/41/2014

Rashmi Ranjan Mohanty - Complainant(s)

Versus

The Head Credit Card,HDFC Bank Credit Card Division - Opp.Party(s)

S Sathpathy

27 May 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.41/2014

Mr. Rashmi Ranjan Mohanty,

At:Netaji Nagar,PO/PS:Madhupatna,

Dist:Cuttack.                                                                                            … Complainant.

 

Vrs.

1. The Head Credit Card,

H.D.F.C Bank Credit Card Division,

P.O.Box No.399,Annasali,Chennai.

 

2. The Customer Care Officer,

HD.F.C.Bank Division,

P.O.Box No.399,Annasali,Chennai.

 

3. The Manager,Credit Card Division,

HD.F.C. Bank,Trishna Arcade,Janpath,

                   Bhubaneswar

 

4. The Branch Manager,

H.D.F.C.Ban k Ltd.,

Bajrakabati Road,Cuttack.                                                               … Opp. Parties.

 

Present:       Sri Dhruba Charan Barik,President.

        Sri Bichitrananda Tripathy, Member.

                    Smt. Sarmistha Nath, Member (W).

 

Date of filing:    11.03.2014

Date of Order:  27.05.2017.

 

For the complainant  :    Sri Srinibas Satpathy,Advocate & Associates.

For the O.Ps                 :    Sri D.P.Tripathy,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

The complainant filed this case against the O.Ps alleging deficiency in service and unfair trade practice.

The case of the complainant in brief is that he had taken a Credit Card from the O.P. Bank in 2005/06.  After receiving the Credit Card, the complainant availed its facilities and made payment in regular manner till December,2015.  From January,2006, the O.P. Bank neither provided the statement of account  nor showed him the ledger  in spite of repeated requests by the complainant but demanded huge outstanding dues without any transaction.  One Mr. Gourav Pattnaik regularly made telephonic call using abusive language to clear up the unreasonable demands.  So the complainant was compelled to surrender the Credit Card on 17.7.2006 requesting for closure of account.  In the month of July,2006, the local Branch officials came to the residence of the complainant and demanded Rs.5000/- towards full and final settlement without furnishing any statement of account.  The complainant offered an amount of Rs.2000/- towards full and final settlement but O.Ps did not respond but on the other hand inflated arbitrary demand increasing the demand amount from time to time.

The complainant finding no other way issued legal notice several times calling upon O.Ps to settle/close the account on payment of outstanding amount excluding interest and penalty. In reply the O.Ps stated that as per the Credit Card statement dt.8.7.2006 outstanding is Rs.18,933.05 which remains unpaid and demanded Rs.79,313.18 against the earlier demand amount of Rs.1,57,454.41p as on 4.6.2013.  So the action of the O.Ps tantamount to deficiency in service and unfair trade practice and the complainant prayed for a direction to the O.Ps to make full and final settlement of the account without charging any interest and overdue charges as well as to pay compensation of Rs.50,000/- towards mental agony, Rs.30,000/- towards loss in work and injury and a sum of Rs.20,000/- towards litigation expenses.

2. The O.Ps entered appearance and filed their written version contending that the complainant does not come within the definition of Consumer and complaint is not maintainable both in facts and law.

It is specifically stated by the O.Ps that the complainant defaulted in clearing his credit card dues in time as a result late payment finance charge, service tax and cess has accrued to his credit card dues.  Though the complainant received statement regularly every month intimating his dues but the complainant avoided and defaulted in making payment regularly.  That apart the complainant has always paid the minimum amount to the O.P. and the rest amount was arrived forward and interest charged on late fee and other charges were also calculated as per agreement and MITC (Most important terms and conditions).  The card member agreed to the terms and conditions which cannot be called as deficiency in service and unfair trade practice.

The O.Ps further stated that the complainant could have surrendered this card before the local office but instead he has sent the card to an invalid address and the deficiency brought by the complainant is an accounting dispute which cannot be adjudicated by the Consumers Forum.

2. We have heard the advocates of both the parties at length and gone through the documents filed by them in this case.
3. We have observe that the complainant had obtained a credit card from the O.P vide No.4346771006725742 during the year 2005-06.  The outstanding dues against the said card was Rs.22,708.99(say Rs.22,709.00) as on 08.09.2006.  Since the amount was not paid by the complainant, the amount was increased to Rs.49,269.78p as on 08.06.2009, to Rs.70,836.98p as on 15.09.2010, again  Rs.97,032.13p as on 04.10.2011, to Rs.1,06.896.49p as on 06.02.2012 to Rs.1,57,454.41 as on 04.06.2013.  After getting the legal notice dt.12.09.2013 from the complainant the O.P reduced the claim to Rs.79,313.18p  vide their reply through advocate dt.07.09.2013.  Thus it is clear that the O.ps have charged 9interest to the said A/c arbitrarily.  The O.ps have not submitted any justification on base of calculation for reducing the claim from Rs.1,57,454.41p as on 04.06.2013 to Rs.79,313.18p as on 07.09.2013.  Since O.Ps have not submitted the copies of Accounts statement after 08.09.2006 before this Forum it is clear that they have not submitted such statements to the complainant on regular intervals but claimed to repay the dues through various notices.
4. Basing on the facts and circumstances as stated above, we have observed that the O.ps are at fault and are found deficient in service.

ORDER

The complainant will repay a sum of Rs.79,313.18p say Rs.79,313.00 as claimed by the O.Ps as on 04.06.2013.  No further interest/charges will be paid by the complainant for the purpose.  The O.Ps will pay a sum of Rs.25,000/- towards mental agony and Rs.10,000/- towards litigation charges to the complainant.  Thus the complainant can make a net payment of Rs.79,313/- - Rs.35,000/- (Rs.25,000 + Rs.10,000/-) = Rs.44,313/- to the O.Ps and the O.Ps will close such credit card account and will issue the required clearance for the purpose.  Such settlements shall be made within a period of 45 days failing which the complainant is at liberty to take shelter of this Hon’ble Forum again as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th   day of May,2017  under the seal and signature of this Forum.

   ( Smt. Sarmistha Nath )

                  Member (W)                                                                                                                                                                                                                                                                                                                                                              (Sri D.C.Barik)

                                                                                                       President.

                                                                                               (Sri B.N.Tripathy )

                                                                                                           Member