Date of Filing:16.11.2009<br /> Date of Order: 14.06.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 14TH 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 /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2674 OF 2009 <br /> <br /> <br /> Mrs. Anitha Chinthamani,<br /> R/at No.32/42,<br /> 15th Main, 17th Cross,<br /> Padmanabhanagar,<br /> Bangalore-70. Complainant<br /> <br /> V/S<br /> <br /> 1.The Manager,<br /> Credit Card Division,<br /> HSBC, <br /> M.G.Road, <br /> Bangalore-1. <br /> <br /> 2.HSBC, <br /> India Area Management office,<br /> 52-60, M.G.Road Fort,<br /> Mumbai-400001. Opposite Parties<br /> <br /> <br /> <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 case of the complainant is that the opposite party has issued credit card. The opposite party has sent demand notice to pay credit card outstanding balance. The complainant has purchased gold worth Rs.15,994/- from Bhima Jewelers on 10-9-2008. The complainant made payment of said purchase on 8-10-2007 which is reflected in a statement period dated 2-10-2007 to 2-11-2007 (this pleading is taken as per the complainant’s own pleading at para 5 of her complaint). The complainant has never kept any arrears and she is ready and bound to pay whatever the arrears / credits she has availed. The complainant never refused to pay the amount which she is liable. She is bound to pay subject to furnish the correct statement. The opposite party is harassing the complainant to make payment of outstanding amount. Therefore, the complainant prayed the cancel the demand letter and to direct the opposite party to issue new credit card and to pay compensation of Rs.25,000/-. <br /> 2. The opposite party has filed defense version stating that, the complaint is not maintainable. It is baseless, false. The complainant is a credit card holder. The Credit limit was Rs.50,000/-. The outstanding amount as on October 2009 is Rs.8,309/-. The card was closed on 10-2-2009 for not making regular payment. The complaint is barred by time. The Hon’ble Forum has no jurisdiction to issue direction to the opposite party. For all the reasons stated above the opposite party has prayed this Forum to dismiss the complaint. <br /> <br /> 3. The complainant has filed his affidavit evidence. Arguments are heard. <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite party?<br /> 2. Whether the complainant is entitled relief?<br /> <br /> <br /> REASONS<br /> 5. As per the complainant averments it is very clear that she is ready to pay whatever the arrears / credit she has availed. The complainant submitted in para 5 that she had purchased gold worth Rs.15,994/- at Bhima Jewelers on 10-9-2008 through credit card and she has made payment of said purchase within the credit period on 8-10-2007. How can she make payment gold purchased in 2008 to the opposite party on 8-10-2007. This it self goes to show that the complainant is not clear and she has not come to the Fora with real facts. As per the complainant she is ready and bound to pay whatever the arrears / credits availed by her, when this is the case where is the question of deficiency of service. The opposite party closed the credit card for not making payments. Therefore, the complainant can not seek relief of direction to opposite party to issue new credit card without paying the arrears. No direction can be given to the opposite party to cancel the demand letter as prayed by the complainant. This type of relief can not be given by the Consumer Forums. The complainant herself being in arrears can not complain of deficiency of service on the part of the opposite party. If there is any dispute between the parties the complainant can file her complaint before the Banking ombudsman constituted by the RBI. The Banking Ombudsman is the proper authority to decide the disputes of this nature. On this ground also the complaint is not maintainable. The relief asked by the complainant is not entitled to be granted from the hands of this Fora. Therefore, the complaint deserves to be dismissed. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is dismissed. No order as to costs.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 14TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br />