Date of Filing: 09.04.2010
Date of Order: 01.07.2011
2
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated 01st July 2011
PRESENT
Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.
Smt. D. LEELAVATHI, M.A.LL.B, Member.
Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.
COMPLAINT NO: 786 OF 2010
Sri. B.K.Chandrasheker,
S/o.late. Sri.B.S.Krishnamurthy,
Aged about 57 years,
No.443, 1st C Main Road,
1st N Block, Rajajinagar,
Bangalore 560 010. Complainant
V/S
1. The Manager,
Standard Chartered Bank,
Service Department,
Brigade Tek Park,
Tower-A, I Floor, Next to
ITPL, White Field,
Bangalore 560 066.
2. The Officer,
Standard Chartered Bank,
Post Box No.5119,
Bangalore 560 001.
3. The Manager-Collections,
Standard chartered Bank,
India Bank Card Centre,
III & IV Floor, Raheja Point,
Magarath Road,
Bangalore 560 025. Opposite Parties
ORDER
(By the Member Smt. D. LEELAVATHI)
This is a complaint filed by the complainant under section 12 of the Consumer Protection Act.
2. The case of the complaint is that the OPs are negligent in their service by claiming unaccounted and fictitious amounts from the complainant. The complainant called upon the OPs to encash his cheques dated 15.03.2009 bearing No.079605 and 079607 of Nyayamitra Sahakara Bank, High Court Building, Bangalore-1. After he came to know about the malpractice regarding with holding and not presenting the same for encashment with malafide intention to extract late fees, penal interest and service charges etc. On 26.04.2009 the complainant received a phone call from the OPs for payment including late payment fees etc. Therefore on 30.04.2009 the complainant wrote a letter and called upon the OPs to stop all monetary transactions pertaining to his Manhatan Platinum Card Account and SCB Titanium Card Accounts and revert back unnecessary charges, so as to enable him to make payment of genuine amount due if any. The OPs neither replied to his letters nor encashed the cheques dated 15.03.2009 nor tried to solve the genuine claim of the complainant, knowing well that he was a regular and honest customer. OPs were deficient in sending letters on 14.05.2009 in respect of SCB Titanium and A/c No.9356-5008-0439-9962, Account in which the complainant was not liable to pay. The OPs have come forward for an amicable settlement accordingly, all his card accounts were settled by paying a sum of Rs.26,000/-. The Authorities of the opposite parties thus committing negligence in service issued the statement dated 26.07.2009 and called upon the complainant to pay unaccounted and fictitious amounts without taking note of the settlement dated 25.06.2009. Even after the full and final settlement dated 25.06.2009 the authorities of the opposite parties are harassing the complainant and virtually not offering proper services in earlier occasions also and therefore the complainant has written so many letters to the authorities of the opposite parties regarding the same.
3. When the complainant has no card accounts with the authorities of the opposite parties as on 26.07.2009 and when the complainant has no transactions at all. The question of calling upon him to pay unaccounted and fictitious amounts in view of the statement dated 26.07.2009 by the authorities of the opposite parties does not arise and inspite the authorities of the opposite parties have done so with the malafide intention to extract unaccounted and fictitious amounts from the complainant. The act of negligence in service offered to the complainant made him to suffer irreparable loss and injury and the complainant is claiming damages to a sum of Rs.1,00,000/- from the opposite parties who are liable to compensate. The complainant has also written a letter and legal notice was served to the OPs but there was no reply. Hence this Complaint.
4. Heard and admitted the complaint, notices were served to the OPs. OPs appeared and filed their version, Affidavit and also Written Arguments. In version and affidavit and original Statement dated 25th August 2009 showing zero balance. Hence the complaint should be dismissed. The OPs submits that the Bank has provided August Statement reflecting the deducted amount paid by the complainant in the month of June and July and the statement for the month of August to make it crystal clear that his outstanding balance is zero and the OPs are denied all other allegations alleged by the complainant and they are not liable to pay any amount to the complainant.
5. Heard the arguments of both the parties.
6. Points for consideration are
i. Is there deficiency in service by the OPs?
ii. Whether the complainant is entitled for any relief?
REASONS
7. The complainant has already got the relief on 25th August 2009 statement given by the OP. The complainant has not produced any evidence to show that he was being harassed by the OPs by sending e-mails or telephones. On 25.06.2009 Settlement letter was given to the complainant after collecting Rs.26,000/- as full and final settlement. Hence there is no deficiency of service by the OPs. The question of awarding Rs.1,00,000/- does not arise, Therefore, as a result I proceed to pass the following
ORDER
The complaint is dismissed. No order as to cost. Send the copy of this Order to both the parties free of costs immediately.
Pronounced in the Open Forum on this 01st July 2011.
Order accordingly,
MEMBER
We concur the above findings.
MEMBER PRESIDENT
HAV*
