Date of filing:22.1.2014
Date of Disposal:14.5.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
WEDNESDAY, THE 14th DAY OF MAY, 2014.
C.C.No.33 OF 2014.
Between :
Kanna Veerraju, S/o Mukteswara Rao, Hindu, 37 years, R/o Dr.No.65-6-6, Darsipet, Patamata, Krishnaveni School Road, Vijayawada – 10, Krishna District.
….. Complainant.
And
1. The Manager, HDFC Bank Ltd., CEEBROS, No.110, Nelson Manickam Road, Aminjikaral, Chennai – 600 029.
2. The Authorized Person, Shri Padmavathi Agencies, Plot No.TFE, Mallika Apartments, Beside Sundaram Honda Show Room, M.G.Road, Vijayawada – 520 010.
3. M.A.Prasad, Collecting Agent, C/o Shri Padmavathi Agencies, Plot No. TFE, Mallika Apartments, Beside Sundaram Honda Show Room, M.G.Road, Vijayawada – 520 010.
…..Opposite Parties.
This complaint is coming before us for final hearing on 8.5.2014 in the presence of Sri B.Rama Krishna, Counsel for complainant and Sri N.Venkata Satyanarayana, Counsel for opposite part No.1 and opposite parties 2 and 3 remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the consumer protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant obtained credit card from the 1st opposite party bank and operated the same by paying the bills. While so the opposite parties issued notice dated 11.8.2012 and 12.8.2012 demanding the complainant to clear the dues of Rs.42,023/-under credit card account. On receipt of the said notice the complainant credited the said amount by way of cheque on 27.8.2012 through the opposite parties 2 and 3 and the 1st opposite party realized the said cheque. Since then the complainant requested the opposite parties to issue no due certificate in the credit card account. Even though the complainant clear the entire dues under credit card the opposite parties issued bills demanding the complainant to pay Rs.2,012.93ps towards interest, incidental charges and other expenses. The opposite parties have no right to claim such amount after payment of entire due amount by the complainant under credit card. Therefore the complainant got issued a legal notice demanding the opposite parties to issue no due certificate and also not to send monthly bills claiming huge amounts under various heads. The opposite parties received the said notice and failed to issue no due certificate and to stop sending monthly bills under the credit card account which amounts to gross negligence and deficiency in service on their part. Hence the complainant is constrained to file this complaint against the opposite parties praying the Forum to direct the opposite party to issue no due certificate, to pay Rs.50,000/-towards compensation for mental agony and to pay costs.
2. Notices were sent to the opposite parties. The 1st opposite party filed its vakalat and not contested the matter further and no documents were filed on behalf of the 1st opposite party. Opposite parties 2 and 3 are remained absent.
3. On behalf of the complainant he filed his affidavit and got marked Ex.A.1 to Ex.A.11.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite parties
towards the complainant in not issuing no due certificate and in demanding the
financial charges and other charges even though he paid dues?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2
6. On perusing the material on hand, the complainant availed the credit card facility from the opposite parties and operated the same by paying the bills. While so he received the notices Ex.A.1 dated 11.8.2012 and Ex.A.2 dated 12.8.2012 from the opposite parties demanding that he was due of Rs.42,023/- as on date and to pay the said dues. If he fails to pay the said amount within 7 days the opposite parties will take criminal prosecution against him in addition to file a civil suit for recovery of the arrears due. On receiving the said notices the complainant paid the entire said amount Rs.42,023/- to the opposite parties on 27.8.2012. Ex.A.3 evidence the same. After receiving the said amount the opposite parties sent a bill Ex.A.4 dated 3.9.2012 to the complainant for an amount of Rs.2,012.93ps giving details showing Rs.700/- as late fee on 27.8.2012, Rs.214.97 for service tax as on 3.9.2012, Rs.6.44/- for cess tax as on 3.9.2012, Rs.1,090.48ps for financial charge as on 3.9.2012 and Rs.1.01 finance charges cash. On receiving the said bill the complainant got issued a legal notice Ex.A.5 dated 11.10.2012 through his advocate to the opposite parties informing that the complainant already paid the amount of Rs.42,023/- as demanded by the opposite parties and they have no right to claim interest and other charges and requested to send no due certificate immediately to him. Again the opposite parties sent demand notices Ex.A.6 dated 4.6.2013, and Ex.A.7 dated 10.9.2013 to the complainant demanding to pay arrears of Rs.6,300.94ps and Rs.6,467/- as on those dates respectively. The complainant got issued a reply notices Ex.A.8 dated 30.9.2013 to the opposite parties through his advocate stating the same reply as stated in Ex.A.5. The opposite parties received the same under Ex.A.9 and Ex.A.10. The opposite parties again sent legal notice Ex.A.11 dated 13.11.2013 demanding the complainant that as per terms and conditions the bank is entitled to levy charge for revolving on the credit facility for delayed payments for exceeding credit limit and to pay Rs.6,662.60ps or otherwise the opposite parties will proceed for legal actions against him. We noted the documents that the opposite parties demanded to pay Rs.42,023/- as on date 12.8.2012 and the complainant paid the same after 15 days late. For that late the opposite parties charged Rs.700/- for Rs.42,023/-. When the complainant paid the due amount as on date there is no question of financial charges would arise. The opposite parties are entitled to receive only Rs.420/- for 15 days delay on Rs.42,023/- as interest at the rate of 24% per annum. Demanding of Rs.6,662.60ps by the opposite parties is unfair trade practice and when the complainant sent reply notice on 11.10.2012 they have to close his account by receiving the late fee. The opposite parties failed to explain the details of Rs.42,023/- whether it is full and final payment or without financial and other charges. Therefore there is deficiency in service on the part of opposite parties towards the complainant. Hence the complainant is entitled to get relief.
POINT No.3:-
7. In the result, the complaint is allowed in part and the opposite parties are directed to issue no dues certificate and to pay costs of Rs.2,000/-to the complainant on receiving late fee of Rs.420/- from the complainant. The complainant also directed to pay Rs.420/- to the opposite parties and to get close his credit card account. Time for compliance one month. Rest of the claims of the complainant are rejected.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 14th day of May, 2014.
PRESIDENT MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite parties:-
P.W.1 K.Veerraju None.
Complainant
(by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:
Ex.A.1 11.08.2012 Notice issued by opposite party.
Ex.A.2 12.08.2012 Notice issued by opposite party.
Ex.A.3 27.08.2012 Customer Copy of Provisional Credit Card payment advise.
Ex.A.4 03.09.2012 Statement.
Ex.A.5 11.10.2012 Office copy of Legal notice
Ex.A.6 04.06.2013 Notice issued by opposite party.
Ex.A.7 10.09.2013 notice issued by opposite party.
Ex.A.8 30.09.2013 Reply notice from complainant.
Ex.A.9 . . Postal acknowledgement.
Ex.A.10 . . Postal acknowledgement.
Ex.A.11 13.11.2013 Reply notice issued by opposite party.
For the opposite parties:-
Nil.
PRESIDENT
