COMPLAINT FILED: 02.12.2009
DISPOSED ON: 30.09.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30th SEPTEMBER 2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2839/2009
Complainant | Smt. S.S.Lakshmi, Wife of srinivasamurthy, Aged about 55 years, Residing at No.936, 1st F Main, 8th cross, 2nd phase, Girinagara, Bangalore-85 Advocte : N. Raghubabu V/s. |
OPPOSITE PARTIES | 1. The Manager, HDFC Cards Division, No.8, Lattice Bridge Road, Thiruvanmiyur, Chennai-600041. 2. The Branch Manager, HDFC Bank, A-112, 3rd Block, KSSIDIC Complex Electronic City, Bangalore-560 075. Advocate : V. Suresh |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the OP-2 (herein after called as O.P) to re-transfer the amount to Joint S.B. A/c No. 05491000001105 of complainant and her husband and to pay interest at 24% P.A. and costs on the allegations of deficiency in service.
2. The brief averments made in the complaint are as follows:
Complainant and her husband are having a joint S.B account bearing No. 05491000001105 at HDFC bank Electronic city branch, Bangalore and complainant obtained a credit card bearing No. 4050281000013364. Under the said credit card Complainant was in due of some amount to the OPs. Under settlement letter dt:18.07.2008 issued by OP complainants agreed to pay Rs.30,000/. Complainant paid Rs.30,000/- on different dates i.e. on 16.08.2008, 10.09.2008, 23.10.2008, 19.11.2008, 11.12.2008, 06.01.2009. OP issued the receipts for having received the above payments. In spite of receipt of the entire payment under settlement letter OP all off a sudden has suspended Complainants S.B.A/c bearing No.05491000001105 at OP-2 bank holding the funds to the extent of Rs.71,980=92 towards outstanding balance of the Credit Card account. In spite of complainant showing the documents for having made the payment OP has transferred Rs.71,980-92 from her joint S.B. A/c to individual credit card account. On seeking explanation OP replied Rs.138/- is due from complainant but no such demand letter is issued to complainant. OP has no authority to transfer the amount from the joint S.B. account to individual Credit card account without consent of the another joint account holder. Complainant has already paid the same under settlement Scheme. Hence complainant felt deficiency in service. Under the circumstance she is advised to file this complaint for necessary reliefs.
3. On appearance Op filed the version contending that complainant is not a consumer; transaction is of a barrower and financier relations; OP admits issuance of Credit Card bearing No. 4050-2810-0001-3364 to complainant having credit limit of Rs.1,16,000/- and Joint S.B A/c in the name of the complainant and her husband bearing No.05491000001105. It is contended by OP that complainant after utilizing Credit Card became defaulter in payment of minimum amount due; Hence liable to pay interest and other charges as per the card member agreement, complainant was in due of outstanding amount of Rs.69,567-41 in her credit card account as on 15.07.2008; but complainant paid only Rs.5,800/- on 25.06.2008; Hence OP offered for settlement by its letter dt:18.07.2008. Out of outstanding amount of Rs. 69,567-41 complainant agreed to pay an amount of Rs.30,000/- only by way of Six monthly instalments of Rs.5,800/- on 18.07.2008, Rs. 4840/- on 18.08.2008, Rs.4840/- on 18.09.2008 Rs.4840 on 18.10.2008 Rs. 4840/- on 18.11.2008 and Rs.4,840/- on 18.12.2008. The said payments have to be made on or before the agreed date; No payments will be accepted after 25th of the month; if any of the cheques being dishonoured settlement offer would be rendered null and void; complainant accepted the settlement offer and made payment of Rs. 5,800/- on 21.07.2008, Rs.5,800/- on 22.08.2008, Rs.3,700/- on 18.09.2008 Rs. 4,840/- on 24.10.2008 Rs.4840/- on 20.11.2008; only five payments received by OP out of Six payments agreed only Rs.24,980/- has been received by OP; and there is a short fall of Rs.5020/-. Hence settlement offer failed; complainant liable to pay total outstanding amount at that point of time; As on 15.12.2009 complainant is in due of Rs.54,860-90. OP caused notice on 06.10.2009 demanding payment of Rs.71,980-92 within 7 days failing to mark the General Lien on the S.B. A/c and adjust the same to the credit card account; complainant failed to make the payment. Hence O.P. exercised the right of lien to the extent of Rs.71,980-92 and adjusted the same; There is no illegality on the part of the OP. Among other grounds OP prayed for dismissal of the complaint.
4. To substantiate the complaint averments complainant filed her affidavit evidence and produced original Six receipts, settlement offer letter dt:18.07.2008 notice of OP, pass book, reply notice dt:13.10.2009 of the complainant. On behalf of OP its officer and Power of attorney holder Sri. Satish Kumar filed his affidavit evidence and produced six credit card statements. Both the parties submitted their written arguments. Then heard the oral arguments.
5. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:
Point No. 1 :- Whether the complainant has Proved
the deficiency in service on the part of
the OPs?
Point No. 2 :- If so, whether the complainant is
entitled for the relief’s now claimed?
Point No. 3 :- To what Order?
6. We have gone through pleadings of the parties both affidavit and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on the above points are:
Point No.1:- In affirmative
Point No.2:- Affirmative in part.
Point No.3:- As per final Order.
R E A S O N S
7. At the out set it is not in dispute that the complainant is having joint S.B. A/c bearing No. 05491000001105 standing in the name of herself and her husband with the OP.2 and also complainant had obtained Credit Card bearing No.4050281000013364 from O.P. under the said credit card. She was in due of amount of Rs. 69,567-41 as on 15.07.08 under settlement offer made by OP on 17.07.08, complainant agreed to make the payment of Rs.30,000/- on six different dates i.e. on 18.07.08 Rs.5800/- on 18.08.08 Rs.4840/- on 18.09.08 Rs.4840/- on 18.10.08 Rs.4840/- on 18.11.08 Rs.4840/- and on 18.12.08 Rs. 4840/-. The complainant made the payments as follows; 18.07.08 Rs. 5800/- on 20.08.08 Rs.5800/-, 16.09.08 Rs.3700/- on 23.10.08 Rs. 4840/- on 19.11.08 Rs.4840/-. On 16.12.08 Rs.4840/-; on 06.01.09 Rs.150/- Totally complainant paid Rs. 29,970 balance due was only Rs. 30/- as on 06.01.2009. To substantiate this fact complainant has produced all the six receipts issued by OP and the pass book.
8. As against this it is contended by the OP that complainant has made only five payments and there is a short fall of Rs.5,020/-. She failed to comply the settlement offer. Hence she has to pay total outstanding amount at that point of time. As on 15.12.09 complainant is in due of Rs. 54,860-90. Hence OP caused legal notice on 6.10.09 demanding payment of Rs. 71,980-92 within 7 days failing to mark the general lien on the joint S.B. A/c of the complainant and adjust the same to the credit card account. Complainant failed to make the payment. Hence OP exercised the right of lien to the extent of Rs.71,980-92 and adjusted the same. This contention of the OP cannot be accepted because complainant made almost entire payment except Rs.30/- as on 06.01.09 delay in payment is only of few days for some payments. She has made some payments earlier to due dates.
9. Further is contended by the OP in para-7 of its version that complainant has made only five payments and still she is due of Rs.5,020/- as on 15.12.08. This contention of the OP cannot be accepted because complainant has produced the receipt issued by OP dt:16.12.08 for a sum of Rs.4,840/- and a receipt dt.06.01.2009 for a sum of Rs.150/-. As on 06.01.09 complainant is in due of only Rs.30/-. Further on direction OP produced the duplicate statements of credit card of the complainant on 14.09.2011. Totally OP produced eight copies of the statements starting from 15.08.2008 to 15.03.2009. The copy of the statement dt.15.01.2009 reveals that OP has received Rs.4,840/- on 17.12.2008 itself. Hence, the contention of OP that Rs.5,020/- is in short fall as per para-7 of its affidavit is not correct. OP has omitted to consider the payment made on 16.12.2008. OP being nationalized bank ought to have exercised due diligence while considering the payments made by the complainant. Hence notice dt:06.10.09 issued by OP placing “hold on funds’’ of S.B A/c of the complainant to the extent of Rs. 71,980-92 in spite of receiving payments under settlement scheme is not called for. This act of the OP amounts to deficiency in service under the circumstances complainant is entitled for certain reliefs. Hence we are of the considered view that complainant is entitled for re-transfer of the amount of Rs.71,980-92 to her joint S.B. A/c bearing No.05491000001105 after giving deduction of balance amount of Rs.30/- due by the complainant to O.P. Accordingly we proceed to pass the following:
ORDER
The complaint is allowed in part. OP is directed to re-transfer Rs.71,950-92 to the Joint S.B A/c bearing No.05491000001105 of the complainant by cancelling the right of lien exercised by OP. This order is to be complied within 30 days from the date of communication of this order.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 30th day of September 2011.)
MEMBER MEMBER PRESIDENT
K.
