Complainant is a lecturer of an Engineering College and also a bonafide consumer of M/s. HDFC Bank, N.S. Road, Credit Card Division, Main Branch, Kolkata – 700001 and complainant on the approach of the op on different days was compelled to obtain a Credit Card bearing No. 5176521007122502 and  op initially issued the credit card in question in the year 2003 and subsequently due to the regular demand notice and fake statement submitted by the op to the complainant ultimately, continued the same up to November 2007 by depositing the amount what he actually taken on the basis of the credit card and in such a manner complainant deposited Rs.52,210/-.  But the credit card was inactive since November 2007 as it had not been further utilized and for any monthly transaction.

          But even after that op by sending their muscle men hackled the complainant and also by phone and harassed and ultimately threaten that further action shall be taken and though complainant from 18.01.2007 to 21.12.2008 paid Rs.52,210/- and in the circumstances complainant has prayed for directing the op not to disturb the complainant and to cancel the said credit card after finally disposing of the said matter and for compensation for harassment.

          On the other hand the op by filing written statement submitted that no doubt complainant was a credit card holder and upto 10.09.2010 op is entitled to get Rs.1,16,333/- which is payable by the complainant and full particulars of such dues are furnished in the statement of accounts filed and further fact is that for the fault of the complainant and for non-payment the balance figure was found Rs.1,16,333/- on 01.09.2010 and further submitted that the entire complaint is false, fabricated and he is a defaulter member in respect of payment for which he is not entitled to get any compensation and complaint should be dismissed.

                                                 Decision with reasons

          In support of this complaint no doubt written version was submitted along with monthly statement (duplicate statement) of Credit Card of the complainant and after hearing the Ld. Lawyer for the op and also the complainant including the statement of account it is clear that since November 2007 complainant never used the Credit Card as it was inactive.  So, there was no scope to send any credit card statement after November 2007 and it is also found from the statement of account that complainant time to time paid huge amout but complainant did not use the card after November 2007.  But the op HDFC Bank charged huge fees who is like Kabuliwala and actual transaction of the amount was paid by the op and we have gathered after calculating the payment and adjustment of money was made by the op in respect of the transaction of the complainant and fact remains just after up to 16.03.2007 arrear amount was Rs.13,597/-.  In the month of May 2007 it was Rs.24,109/- but in the month of June 2007 huge amount was charged as charges.  But fact remains complainant after that paid Rs.52,210/- within the period of 18.01.2007 to 02.12.2008 and in fact from 18.01.2007 to March 2007 balance was shown Rs.24,109/- but complainant paid Rs.52,210/- from 18.01.2007 to 22.12.2008.  So considering of that fact and also calculation of the statement of account up to 16.11.2007 we have gathered that actually complainant paid the transaction amount on the basis of the demand of op Bank and it is known to all op bank charges one after another charges without complying RBI Rule.  So, considering the above fact we find that up to 16.11.2007 there was transaction in respect of the said credit card, but after that it was not used by the complainant.  But complainant paid huge amount up to 2008 but even then his arrear was not cleared what indicates that the op with an intention to squeeze money from the complainant prepared statement month by month by charging several charges and fees which is not at all maintainable in the eye of law in view of the fact the HDFC Bank is also guided by RBI Rules and after consulting the RBI Rules we have gathered that complainant paid entire amount what we have gathered after conclusion in the sheet.  So, we are of the view that the said credit card had not been functioning and no transaction was made in respect of credit card since 16.11.2007 and fact remains that the said credit card was inactive but even then several charges were made even today which is completely illegal and against the RBI Rules.

          But after proper calculation of the entire payment by the complainant and the statement up to 16.11.2007 as made by the op it is found that fake charges were included at highest rate and minimum amount of Rs.24,109/- became Rs.l lac more and in the light of the above observation and findings we are of view that the entire statement as prepared by the op in different months upto 16.11.2007 is also not correct and fake charges were charged and figure was increased by the op to squeeze money of the complainant but apparently it is proved after calculation that complainant already paid the entire dues in respect of which transaction was made up to 16.11.2007 and in the above circumstances op is not entitled to get any amount from the complainant, reasons for harassing the ops is not at all legal and valid but such type of muscle men are in the hands of said Banks who are disturbing the customers in such a manner and their entire business method and administration has been adopting unfair trade practice and that should be stopped and in no way the complainant should be disturbed.  In view of the fact the said credit card is treated as dead since November 2007 and the actual arrear had already been paid by the complainant.  So, op is not entitled to get any further amount from the complainant and it is decided that op has no legal authority to send any demand notice and in any way op is not entitled to get any further amount or any amount or any claim against the complainant in future.

          Fact remains that op has adopted an unfair trade practice for which they should be penalized.  In the light of the above observation we are of view that complainant is not a defaulter, he has already cleared all the payment and the subsequent bills as sent by the op is all fake and op is not entitled to get any amount.  So credit card is treated as cancelled since November 2007.  So, in respect of subsequent charges as assessed by the op is completely unwanted and uncalled for.

          Hence, it is

                                                       ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.2,000/- against the op.

          Op Bank is directed not to send any sort of claim because entire claim by 16.11.2007 has been paid by the complainant and there is no due of the op from the complainant in respect of said credit card and op shall not make any sort of claim against the complainant and even after this order if complainant is harassed by the op in that case op shall have to pay penalty of Rs.25,000/- for adopting unfair trade practice.