Date of Filing:25.11.2009 Date of Order: 14.05.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 14TH DAY OF MAY 2010 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 2772 OF 2009 Umesh Murthy N. NO. 6, 4th Main Road Sree Kanteshwara Nagar Nandini Layout Post Bangalore 560 096 Complainant V/S The Manager Credit Card Division HDFC Bank, P.O. No. 5106 Shankarnarayan Building 25/1, M.G. Road, Bangalore 560 001 Opposite Party ORDER By the President Sri S.S. Nagarale This is a complaint filed by the complainant seeking relief that opposite party be directed to convert the receiving payment as installment basis and reduce the interest rate, direct the opposite party to consider the representation given by complainant positively permitting him to pay the credit card dues on installment basis. The complainant states that he is using credit cards from last two years. As per the statement of account outstanding due is Rs. 1,03,512/-. Opposite party bank applied heavy interest. Due to sudden economic crisis business has fallen down by 80%. For the above reasons complainant made representation on 14.08.2009 and 22.10.2009. The complainant requested opposite party to allow to pay on installment basis with nominal interest. Complainant is ready to pay the installment. Complainant made several requests and demands. Unfortunately, opposite party neglected to consider the same. Hence, the complaint. 2. Opposite party contested the matter and filed version stating that complaint is not maintainable. Therefore, it may be dismissed in limine. There is no question of deficiency of service on the part of opposite party. Complainant has failed to pay the dues on his credit card account. Complainant has not come to the forum with clean hands. Therefore, the opposite party requested to dismiss the complaint. 3. Respective parties have filed affidavit evidence. 4. Arguments are heard. 5. On reading the complaint averments it is very clear that complainants outstanding due is Rs. 1,03,512/- on his credit card account. When this is the case the complainant cannot make a case of deficiency of service on the part of opposite party. The complainant has not made out any case in what manner the opposite party bank has committed deficiency in service. The complainant has prayed that opposite party bank be directed to receive the amount by way of installment instead of paying in one shot. The complainant has made representations to the opposite party to permit him to pay the credit card dues in installment basis. When this is the case it is for the opposite party bank to consider representation of the complainant and pass appropriate and just order on his representations. There is no necessity of giving direction by this fora to the opposite party bank, since on the facts of the case it is very clear that there is no deficiency of service on the part of opposite party bank. Complainant being the customer of the bank it is for the bank to consider his representation and give the relief in accordance with the banking rules and regulations. The complainant will be free to approach Banking Ombudsman constituted under the RBI guidelines. The Banking Ombudsman is a proper authority to give directions to the concerned bank. On this point also the present complaint is not maintainable before this forum. In the result I proceed to pass the following: ORDER 6. The complaint is dismissed. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 14TH DAY OF MAY 2010. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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