Tamil Nadu

South Chennai

CC/50/2015

M.Suganthy - Complainant(s)

Versus

The Manager, HDFC Credit Card Division - Opp.Party(s)

S.Natarajan

22 Nov 2019

ORDER

                                                                             Date of filing      : 05.02.2015

                                                                               Date of Disposal : 22.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.50/2015

DATED THIS FRIDAY THE 22^ND DAY OF NOVEMBER 2019

                                 

M. Suganthy,

W/o. Mr. M. Marichand,

No.1, Bakthavachalam Street,

Kanagasabai Colony,

Koyambedu,

Chennai – 600 107.                                                        .. Complainant.                                                       ..Versus..

 

The Manager,

HDFC Credit Card Division,

Lattice Bridge Road,

Thiruvanmiyur,

Chennai – 600 041.                                                    ..  Opposite party.

 

Counsel for the complainant      : Mr. S. Natarajan

Counsel for the opposite party  : Mr. T K M Sai Krishnan & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to reverse all CIBIL complaints raised by the opposite party, to pay a sum of Rs.1,00,000/- towards compensation for deficiency in service in making unjust payment demands for a credit card No.461786006437824 which was never applied not received or used at any point of time by the complainant  and to pay a sum of Rs.3,00,000/- towards compensation for mental agony, pain and unfair trade practice with cost of Rs.25,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she availed a credit card bearing No.4617863004884522 of the opposite party since the complainant lost the credit card it was hot listed.  The complainant submits that the opposite party without any consent or written application issued a new credit card bearing No.4617863006437824 and with an outstanding of Rs.3,750/-.  Immediately, the complainant sent an email dated:30.03.2014 to remove the credit card and sent a reminder dated:01.04.2014.  Even after repeated request and demands, the opposite party neither withdraw the credit card nor closed the credit card and claimed a sum of Rs.1,873/- towards the outstanding amount in the credit card No.4617863004884522 e-mail claiming a sum of Rs.3,750/- towards the credit card No.4617863006437824. But the opposite party has not issued any statement of account showing the amount of Rs.1,873/- towards the credit card No.4617863004884522. The complainant submits that the opposite party without answering any of letters and e-mails issued by the complainant and threatened the complainant that her name will be given in CIBIL which caused great inconvenience and mental agony.   The opposite party is claimed a sum of Rs.6,034.37/- towards balance in the credit card No.4617863006437824.  Hence, the complainant issued legal notice dated:22.12.2014 for which, the opposite party sent reply dated:15.12.2014.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.  The opposite party states that on application, the credit card No.4617863004884522 was issued to the complainant.  Immediately, after the receipt of intimation regarding the loss of credit card, the said credit card was hot listed and issued a fresh credit card without any fresh application.  The opposite party states that there is an outstanding balance of Rs.1,873/- in the credit card No.4617863004884522.  The opposite party states that there was an outstanding of Rs.6,034.37 paise on the credit card No.4617863006437824.   The statements dated:17.05.2014, 17.06.2014, 17.08.2014 & 17.09.2014 establishes the total amount due from the complainant as on 17.09.2014 amounts to Rs.5,770.77 p.  The legal notice dated:15.12.2014 is also dispatched to the complainant demanding a sum of Rs.6,034.37 p as on 15.12.2014.   The opposite party states that since the complainant failed to pay the outstanding dues in the said credit card applicable charges have been levied by the opposite party as per the terms and conditions of the Card Member Agreement.  Further for each and every letter written by the complainant, the opposite party bank had replied within a reasonable time and updated all the details of the statement of accounts as required by the complainant.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B5 are marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to the relief of removal of her name from CIBIL as prayed for?
2. Whether the complainant is entitled to a sum of Rs.4,00,000/- towards compensation for deficiency in service, unjust payment demands, mental agony, unfair trade practice etc with cost of Rs.25,000/- as prayed for?

5.      On point:-

The complainant has not filed any written argument and not turned up to advance oral argument also. The opposite party filed his written argument.  Heard the opposite party’s Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents.   The complainant pleaded in the complaint and proof affidavit that she availed a credit card bearing No.4617863004884522 of the opposite party since the complainant lost the credit card it was hot listed.  Further the complainant pleaded and stated in the proof affidavit that the opposite party without any consent or written application issued a new credit card bearing No.4617863006437824 with an outstanding of Rs.3,750/-.  Immediately, the complainant sent an email dated:30.03.2014 to remove / take away the credit card and sent a reminder dated:01.04.2014 as per Ex.A1.  Even after repeated request and demands, the opposite party neither withdraw the credit card nor closed the credit card but claimed a sum of Rs.1,873/- towards the outstanding amount in the credit card No.4617863004884522 as per Ex.A2 e-mail claiming a sum of Rs.3,750/- towards the credit card No.4617863006437824. But the opposite party has not issued any statement of account showing details of the amount of Rs.1,873/- towards the credit card No.4617863004884522.  Equally, the claim related to credit card No.4617863006437824 is unwarranted without any application, consent and request proves unfair trade practice.  Further the contention of the complainant is that the opposite party without answering any of letters and e-mails issued by the complainant and threatened the complainant that her name will be given in CIBIL which caused great inconvenience and mental agony.   The opposite party is claimed a sum of Rs.6,037.37/- towards balance in the credit card No.4617863006437824 which amounts to deficiency in service and unfair trade practice.  Hence, the complainant was constrained to issue legal notice dated:22.12.2014 but no copy of notice produced for which, the opposite party sent reply dated:15.12.2014 as per Ex.A4.  On a careful perusal of records, the opposite party has not produced any documents to prove that there is an outstanding balance of Rs.1,873/- towards the credit card No. 4617863004884522.

6.     The learned Counsel for the opposite party would contend that admittedly on application, the credit card No.4617863004884522 was issued to the complainant.  Ex.B1 is the copy of Application Form.  Immediately, after the receipt of intimation regarding the loss of credit card, the said credit card was hot listed and issued a fresh credit card without any fresh application.  Further the contention of the opposite party is that there is an outstanding balance of Rs.1,873/- in the credit card No.4617863004884522.   But the opposite party has not produced any record or any statement of account.  On a careful perusal of Ex.B2, it is apparently clear that the outstanding is related to credit card No.4617863006437824 which was issued without any request or demand and written application or consent proves unfair trade practice.  Further the contention of the opposite party is that there was an outstanding of Rs.6,034.37 paise on the credit card No.4617863006437824.  But it is very clear from the records that the complainant has not requested to any credit card after the loss of credit card No.4617863004884522. The opposite party also has not produced any application to show that the complainant after the loss of credit card No.4617863004884522 submitted a fresh application claiming a new credit card. 

7.     The contentions raised in the reply notice, Ex.B4 dated:15.12.2014 which reads as follows:- “You had availed credit card facility from my client under credit card No.4617863006437824” is false and baseless.  Further the contention of the opposite party is that the information related to CIBIL has no connection.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party without any consent and on its own accord issued credit card and claimed imaginary amount cannot be acceptable.  Hence, the opposite party shall not enter the complainant’s name in the CIBIL and shall pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite party is directed to not to enter the complainant’s name in the CIBIL and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of November 2019. 

 

MEMBER                                                                                PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	01.04.2014	Copy of reminder
Ex.A2	31.07.2014	Copy of complainant’s request
Ex.A3	12.09.2014	Copy of e-mail to Grievance Redressal Officer
Ex.A4	15.12.2014	Copy of legal notice issued by the opposite party to complainant

 

OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1		Copy of Credit Card Application Form
Ex.B2	17.03.2014	Copy of Credit Card Statement
Ex.B3		Copy of Credit Card Statements dated:17.04.2014, 17.05.2014, 17.06.2014, 17.07.2014, 17.08.2014 & 17.09.2014
Ex.B4	15.12.2014	Copy of legal notice issued by the opposite party to complainant
Ex.B5	31.07.2015	Copy of Credit Card Statement

 

 

 

MEMBER                                                                                                                                                                         PRESIDENT