Date of Filing: 23.11.2009<br /> Date of Order: 10.06.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 10TH DAY OF JUNE 2010<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> COMPLAINT NO: 2743 OF 2009 <br /> <br /> <br /> Mr. Umesh Murthy.N.<br /> No.6, 4th Main Road,<br /> Sree Kanteshwara Nagar,<br /> Nandini Layout Post, <br /> Bangalore-96. Complainant<br /> <br /> V/S<br /> The Manager,<br /> Axis Bank Ltd.,<br /> No.119, 1st Floor, 80 Ft. Road,<br /> 7th Block, Koramangala, <br /> Bangalore-95. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are as under, the complainant is using credit card number 4718610000571670. He has a good credit track with the opposite party Bank. As per the statement of account outstanding amount is 1,22,388/-. The opposite party bank has applied heavy interest. The complainant made representation to the opposite party Bank. He is ready to pay the amount by way of installment. He is customer of the opposite party Bank for the last 2 years. He may be permitted to pay the amount on installment basis. <br /> 2. After admitting the complaint, the notice was sent to the opposite party by RPAD. Notice served. In spite of service of notice the opposite party has not appear before this Fora. Therefore, the opposite party has placed ex-parte. <br /> <br /> 3. The complainant has filed his affidavit evidence. Arguments are heard. The complainant submitted that he is not in a position to pay the credit card amount in one lumsum and he is ready to pay the amount by way of installment. The complainant has given representation to the opposite party. He has made several requests to the opposite party, but unfortunately the opposite party has not given positive response to his request. Therefore, he has approached this Fora. If the complainant is permitted to pay the dues on the basis of installments along with interest as per the RBI guidelines, in that case no injustice or prejudice would be caused to the opposite party. On the other hand opposite party will be getting money from the complainant. There is nothing wrong in giving proper response to the representation made by the complainant. The complainant has fairly admitted his liability to pay the amount. He is only requesting for some installment. His request is quite fair, just and reasonable. The complainant being a consumer under the CP Act, his interest requires to be protected. It is just fair and reasonable and proper to permit the complainant to pay the credit card due by way of installment along with interest as per the RBI guidelines. The complainant could be directed clear off entire due within a period of 3 years. Since, it is a unsecured loan. The op has not appeared before this Fora, even though served with notice. The case made out by the complainant has gone unchallenged. There is nothing wrong to give relief to the complainant. In the result, I proceed to following:-<br /> ORDER<br /> <br /> 4. The complaint is allowed. The complainant shall clear off the credit card No. 4718610000571670 due by way of installment along with interest as per RBI guidelines. He has to pay the entire due amount within 3 years from the date of this order. <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 10th DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings. <br /> <br /> MEMBER <br /> <br />