In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No.361/2010 1) Sri Amar Nath Bhattacharjee, Flat 2D, 6/1/1 Anil Moitra Road, Kolkata-19 and 24/1/1B Durga Charan Mukherjee Street, Kolkata-3. ---------- Complainant ---Versus--- 1) The Manager, Card Service, Royal Bank of Scotland N.V. Hansalaya, 15, Barakhamba Road, New Delhi-110001 2) The Manager, Customer Service, Royal Bank of Scotland N.V. Camac Street, P.S. Shakespeare Sarani, Kolkata-17. ---------- Opposite Parties Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri ,Member Order No. 23 Dated 27-02-2013. The case of the complainant in short is that o.ps. made unsolicited issue of the following credit card to the complainant few years ago for use by the latter (i) RBS Card No.5425 0513 0032 1931. And complainant had accepted the abovementioned credit cards for some facilities offered by o.ps. and has been using the same over the years quite satisfactorily. On a sudden scrutiny of the card accounts recent statement the complainant has noticed some gross discrepancies in the application of rate of interest on the outstanding balances of the aforesaid card account exposing unlawfully the complainant to had been hug e loss of funds in as much as the intermittent and often the increase in the monthly rate of interest has never been advised or intimated to the complainant in advance. On none of occasions when the monthly rates of interest in the card accounts have been increased over all these years, the o.ps. willfully failed and neglected to advise the complainant of such increases made and applied rendering the complainant helplessly ignorant and optionless about the costs of transaction. The issue being now raised by the complainant is not the intermittent increase in the interest rates in the card account by the arbitrary and unlawful repeated denial by the o.ps. of the right s of the complainant to know and understand the cost / price of the transaction before he puts it through and/or to ascertain and avoid possible extortions by being made entirely ignorant about the rise in interest rates. O.ps. have again intentionally and willfully failed and neglected over the years to advise the complainant the effective dates for intermittent increase in the interest rates in the card accounts rendering the complainant utterly helpless to scrutinize the correctness of the card account statements so as to avoid possible extortions. Apart from the aforesaid discrepancies noticed in the card account of the complainant, the o.ps. have been regularly but unduly charging other hidden charges namely. Late payment charges, penal interest, cash withdrawal fees etc. without any prior intimation to the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint. Both o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. Decision with reasons:- We have gone through the pleadings of the parties, evidence and documents in particular. Complainants had four credit cards as we find from the record and on scrutiny of the card account and recent statement complainant noticed gross discrepancies in the application of rate of interest on outstanding balance and complainant took up the matter with the o.ps. and o.ps. willfully neglected over the years to short out the matter and as a result of which complainant had to suffer a lot. In view of findings above and on perusal of the entire materials on record we hold that the o.ps. had deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed on contest with cost against both the o.ps. O.ps. are jointly and/or severally directed to rectify the discrepancies as pointed out by complainant in respect of the four card accounts mentioned above and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
