Tamil Nadu

South Chennai

CC/290/2016

V.Tamil Amudhu - Complainant(s)

Versus

The Manager, Indusind Bank , Ashok Nagar Branch - Opp.Party(s)

K.Ponmani, A.Parthiban

22 Nov 2019

ORDER

                                                                             Date of filing      : 30.08.2016

                                                                               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.290/2016

DATED THIS FRIDAY THE 22^ND DAY OF NOVEMBER 2019

                                 

V. Tamil Amudhu,

S/o. Mr. Veerappan,

Old No.17, New No.4, 5^th Cross Street,

Govindarajapuram,

Nandhivaram,

Guduvanchery – 603 202.                                              .. Complainant.

                                                                                                ..Versus..

 

1. The Manager,

IndusInd Bank,

Ashok Nagar Branch,

No.42, 10^th Avenue,

Ashok Nagar,

Chennai – 600 083.

 

2. The Manager,

Head Credit Cards,

961/962, Solitaire Corporate Park,

No.167, Guru Hargovindji Marg Chakala,

Andheri East,

Mumbai – 400 093.                                                ..  Opposite parties.

 

Counsel for the complainant                 : M/s. K. Ponmani

Counsel for the opposite parties 1 & 2 : M/s. Saikrishnan Associates

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to issue a gift voucher for a sum of Rs.25,000/- and to pay a sum of Rs.1,50,000/- towards compensation for deficiency in service, unfair trade practice, loss and mental agony along with interest and cost to the complainant.

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

The complainant submits that he availed credit card through fee plan from the 1^st opposite party in the year 2011. The credit card No.4147521009178006 which was valid from 12/11 to 12/14 with welcome gift voucher for getting the fee plan in the credit limit of Rs.3,36,000/- with one time joining fee INR Rs.25,000/- along with applicable service.  The complainant submits that the opposite parties gave credit card along with Mont Blanc gift voucher at Park Sheraton Hotel, Mylapore for the purchase of any article.  The complainant submits that he is not satisfied with the gift voucher and demanded with the opposite parties to provide an alternative gift voucher.  The opposite parties also made arrangement to change the welcome gift from Mont Blanc voucher to Jet Airways promotional codes.  Thereafter, the complainant tried to book the ticket through one of the authorized agencies.  But to the utter shock and dismay of the complainant, it was informed that the agency promotional code sent by the IndusInd company were not valid.  The complainant submits that he informed the 1^st opposite party through email, phone and also directly approached the Branch Office of the opposite parties.   But there is no response from the opposite parties.   The complainant submits that the 1^st opposite party cunningly received Rs.25,000/- by way of cheque from the complainant before issuing the credit card as an advance and promised that the same would be adjusted through assured gift and the 1^st opposite party has indulged in unfair trade practice.  The complainant submits that the assured gift voucher is not complimentary it should not disclose the terms and conditions.   The complainant submits that the opposite party sent 10 Jet Airways Promotional codes were not working and he was not disclosed any details orally or through records while issuing credit card facility due to which, the complainant could not utilize the same and could not be able to attend the meeting.   Hence, the complainant issued legal notice dated:22.07.2014 to the 1^st opposite party but no reply sent.  But the 1^st opposite party negligently acted in sending a fresh new visa card bearing No.4147521203496006 valid from 11/13 to 11/18 which is arbitrary and high handed approach of the bank in dealing an innocent consumer while the issue related is still pending at that time.   The complainant submits that he was sending continuous email from 13.08.2014 to 03.05.2015 to come forward to sort out the issue by the opposite parties but no response from them.   The act of the opposite parties 1 & 2 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 parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.    The opposite parties 1 & 2 state that the complainant availed Signature credit card bearing No.4147521009178006 which was valid from December 2011 to December 2014 for payment of one-time joining fee of Rs.25,000/- along with applicable service. The opposite parties 1 & 2 state that the complainant was given Mont Blanc vouchers as welcome gift along with the said credit card on 2011 itself.  Based on the concerns high-lightened by the complainant the opposite parties made necessary arrangement to change the welcome gift from Mont Blanc vouchers to Jet Airways Promotional codes.  The opposite parties 1 & 2 state that the Jet Airways Promotional codes were sent to the complainant registered mobile number and e-mail address respectively on 23^rd April 2012.  The opposite parties 1 & 2 state that the promotional code are valid for booking tickets and travelling only till 31^st October 2012 it is clearly mentioned in the terms and conditions the said codes are valid only for 6 months from the date of issue.  The opposite parties 1 & 2 state that they were promptly replying to the complainant’s queries through email.  Hence, the opposite parties state that no deficiency in service and unfair trade practice committed on their side.   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.A3 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 alone is marked on the side of the opposite parties 1 & 2.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get a gift voucher for a sum of Rs.25,000/- as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,50,000/- towards deficiency in service, loss and mental agony caused to the complainant along with interest at the rate of 24% p.a. with cost of Rs.25,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.   Heard their Counsels also.   Perused the records namely; the complaint, written version, proof affidavits and documents.  Admittedly, the complainant availed credit card through fee plan from the 1^st opposite party in the year 2011 as per Ex.B1.  The credit card No.4147521009178006 which was valid from 12/11 to 12/14 with welcome gift voucher for getting the fee plan in the credit limit of Rs.3,36,000/- with one time joining fee INR Rs.25,000/- along with applicable service.  It is admitted by both parties.  Further the contention of the complainant is that the opposite parties gave credit card along with Mont Blanc gift voucher at Park Sheraton Hotel, Mylapore for the purchase of any article which is also admitted by the opposite parties.   Further the contention of the complainant is that he is  not satisfied with the gift voucher and demanded with the opposite party to provide an alternative gift voucher. The opposite parties also made arrangement to change the welcome gift from Mont Blanc voucher to Jet Airways promotional codes. The said facts are not disputed by the opposite parties.  Thereafter, the complainant tried to book the ticket through one of the authorized agencies.  But to the utter shock and dismay of the complainant, it was informed that the agency promotional code sent by the IndusInd company were not valid. 

6.     Further the contention of the complainant is that immediately, the complainant informed the 1^st opposite party through email, phone and also directly approached the Branch Office of the opposite parties. But no response from the opposite parties.  On a careful perusal of Ex.A3, reply email by the opposite parties, it reads as follows: “We are acting upon your concerns and we will get back to you with the status shortly.  We request your support and co-operation in the interim” proves that the agency promotional code of the opposite parties given is wrong; which amounts to unfair trade practice.  Further the contention of the complainant is that the 1^st opposite party cunningly received Rs.25,000/- by way of cheque from the complainant before issuing the credit card as an advance and promised that the same would be adjusted through assured gift and the 1^st opposite party has indulged in unfair trade practice. 

7.     Further the contention of the complainant is that the assured gift voucher is not complimentary it should not disclose the terms and conditions.  Further the contention of the complainant is that the opposite party sent 10 Jet Airways Promotional codes were not working and he was not disclosed any detail orally or through records while issuing credit card facility due to which, the complainant could not utilize the same and could not be able to attend the meeting as scheduled amounts to deficiency in service on the part of the opposite parties.  Hence, the complainant was constrained to issue legal notice dated:22.07.2014 to the 1^st opposite party for which, there is no reply.  But the 1^st opposite party negligently acted in sending a fresh new visa card bearing No.4147521203496006 valid from 11/13 to 11/18; is not acceptable because, it is arbitrary and high handed approach of the bank in dealing an innocent consumer while the issue related is still pending at that time amounts to negligence on the part of the opposite parties without prior intimation of issuing new visa card.   Further the contention of the complainant is that he was sending continuous email from 13.08.2014 to 03.05.2015 as per Ex.A3 to come forward to sort out the issue by the opposite parties but no response from the opposite parties.  Hence, the complainant filed this complaint before this Forum for deficiency in service committed by the opposite parties.

8.     The contention of the opposite parties 1 & 2 is that admittedly, the complainant availed Signature credit card bearing No.4147521009178006 which was valid from December 2011 to December 2014 for payment of one-time joining fee of Rs.25,000/- along with applicable service as per Ex.B1.  Further the opposite parties 1 & 2 pleaded and contended that the complainant was given Mont Blanc vouchers as welcome gift along with the said credit card on 2011 itself.  Based on the concerns high-lightened by the complainant the opposite parties made necessary arrangement to change the welcome gift from Mont Blanc vouchers to Jet Airways Promotional codes.  It is admitted by both parties.  Further the contention of the opposite parties 1 & 2 is that the Jet Airways Promotional codes were sent to the complainant registered mobile number and e-mail address respectively on 23^rd April 2012.  But no documents filed.  Further the contention of the opposite parties 1 & 2 is that the promotional code are valid for booking tickets and travelling only till 31^st October 2012 it is stated in e-mail reply to the complainant’s mail dated:28.07.2014.  But it was informed to the complainant at the time of sending Jet Airways Promotional Code to the complainant registered mobile number amounts to deficiency in service.  In response email sent by the opposite parties, the complainant sent an email dated:28.02.2015 asking to issue a new promotional code or waive off the joining fee of Rs.25,000/- (plus interest) as credit to the complainant’s account or “Please close my card as I am not happy with the customer service you are providing” for which, there is no reply from the opposite parties and not filed any iota of evidence produced to prove that the opposite parties had issued a new promotional code or waived off the joining fee of Rs.25,000/- as per Ex.A3 proves deficiency in service.  Hence, the opposite parties 1 & 2 committed deficiency in service and unfair trade practice.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable to issue a gift voucher for a sum of Rs.25,000/- to the complainant and to pay a sum of Rs.25,000/- towards compensation for mental agony and deficiency in service with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to issue a gift voucher for a sum of Rs.25,000/- (Rupees Twenty five thousand only) to the complainant and to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for mental agony and deficiency in service with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above amounts shall be payable within 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	22.07.2014	Copy of legal notice sent by the complainant to the opposite parties
Ex.A2	25.07.2014	Copy of acknowledgement card for the receipt of the legal notice dated:22.07.2014
Ex.A3	13.08.2014 to 03.05.2015	Copy of e-mail communication between the complainant and opposite parties

 

OPPOSITE PARTIES 1 & 2 SIDE DOCUMENTS:-  

Ex.B1

Copy of Credit Card Application Form submitted by the complainant

 

 

MEMBER                                                                                                                                                                           PRESIDENT