DATE OF FILING : 09/04/2014
DATE OF S/R : 19/05/2014
DATE OF FINAL ORDER : 27/11/2014
SHIV KUMAR DOKANIA
47/48, R.N.R.C. Ghat Road,
Shibpur
District –Howrah 2………………………………………………….. COMPLAINANT.
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
Complainant, Shiv Kumar Dokania,by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund an amount of Rs.61230/- with interest and compensation, to pay litigation cost Rs. 20,000/- alongwith other relief or reliefs as theForum may deem fit and proper.
Brief fact of the case is that complainant took a credit card having no. 4477470192176007 with a credit limit of Rs. 66,700 duly issued by O.P.s for his personal use. Suddenly he received a bill dt. 22-05-2007 for an outstanding due amount of Rs. 61,230. It is allegedby the complainant that for this amount, O.P.s never serve any Bank statement in support of their claim and whenever he asked for the Statement, the officials of O.P. misbehaved with him. Rather O.P.sforced him to pay the bill amount and complainant paid the said bill on 22/08/2013. Further O.P.s deduct premiumsfor medical insurance which complainant never applied for. Complainant wrote a protest letter to O.P. on 14-01-2014 vide annexure. O.P. also replied vide their letter dt. 17-02-2014 which could not satisfy the complainant. So, being aggrieved complainant filedthis instant case alleging deficiency service against O.P.s Notices were served but they did not appear and file any W/V. Accordingly the case was heard exparte.
Upon pleadings of complainant two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant isentitled to get any relief as prayed for ?
Decision with reason:
Both the points are taken up together for consideration. We have carefully gone through the petition of complaint with annexuresfiled by the complainant and noted its contents. We have also considered the letter dt. 17-02-2014 written by O.P.s to the complainant where in they have stated that complainant gave his consent in the form of voice recording system for deducting premium amount for two policies in May 2005 for an amount of Rs. 5544 & Rs. 13,500 towards the policy no. 4034/FPN/0099817/00/000 & 4034/FPN/0099816/00/000 respectively. And complainant did utilize the facilities of both policies. Complainant has not denied this fact. In response to the complaints forwarded by the complainant with regard to charging of interest, latefees, service tax etc, by the O.P.s, O.P. also supplied their terms and conditions which govern the credit card system which is submitted by the complainant, which says it if the total outstanding amount is paid, service charge and/or interest shall not be charged in the bill amount. Complainant has not filed any previous bills, where from we could not ascertain the previous outstanding amount .But O.P.s are definitely required to supply the detail bank statement to the complainant regularly in support of their claim. It is also surprising that for the statement dt. 22-05-2007 regarding claim of Rs. 61,230, Complainant wrote a protest letter only on 14/01/2014which is miserably time barred. Accordingly we hold that the case has no merit. So, it stands rejected. Points are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 196 of 2014 ( HDF 196 of 2014 ) be dismissed against the O.Ps. without cost.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F., Howrah.
