COMPLAINT FILED: 17.11.2009
DISPOSED ON: 19.02.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
DATED THIS THE 19TH FEBRUARY 2011
PRESENT:- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2679/2009
Complainant | Mr. Mohammed Anwar, No.282/42, 7th Main, 15th Cross, Wilson Garden, Bangalore – 560 030. Advocate: Sri. K.H. Jagadish & Another V/s. |
OPPOSITE PARTY | The Manager, HSBC Bank, Card Products Division, No.7, Post Bag 5267, M.G. Road, Bangalore – 560 001. Advocate: Sri. K.R. Ganesh & Others |
O R D E R
SRI. B.S. REDDY, PRESIDENT
The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Party (herein after called as O.P.) to consider the representation dated 05.05.2009 in regard to the settlement dated 09.05.2006 and to pay compensation of Rs.1,00,000/- along with litigation costs on the allegations of deficiency in service on the part of the OP.
2. Briefly stated the facts as averred in the complaint are, the complainant had taken credit card from OP and OP by letter 09.05.2006 agreed to treat the credit card due as fully settled against the payment of Rs.40,000/-. The complainant paid the amounts as per the receipts produced at Annexure – B, C and D. Despite paying the entire amount, OP was sending monthly statement and complainant was getting frequent calls from the recovery agents. On 05.05.2009 the complainant had given a representation to take note of the settlement dated 09.05.2006. OP instead of considering the representing is harassing the complainant through its recovery agents. Non consideration of the representation amounts to deficiency in service. Hence the complainant approached this Forum seeking necessary relies as stated above.
3. On appearance, OP filed version contending that as per the settlement with regard to the credit card due, the complainant has not paid the amount within the time. Hence that settlement was not acted upon, the complainant is still due sum of Rs.54,093.22 as per Annexure – C the transactions details. The cheques issued by the complainant towards the payment of the amounts with regard to the settlement were dishonoured. Thus it is prayed to dismiss the complaint; as there is no deficiency in service.
4. Both the parties filed affidavit evidence and produced documents.
5. Written arguments were filed.
6. On 31.01.2011 OP filed memo with regard to the settlement stating that the complainant requested OP to consider the settling the dues in the credit card account, a sum lower than the amount due. OP considered the request and agreed to settle the dues at Rs.10,000/-. OP issued the letter dated 14.08.2010 requesting the complainant to pay the said amount of Rs.10,000/- on or before 20.08.2010. The complainant issued cheque towards the settlement and the said account was zeroised on 07.09.2010. Hence it is prayed to close the complaint as settled.
The copy of the letter dated 20.08.2010 and screen short card are produced.
7. After perusing the settlement memo filed by OP along with documents it becomes clear that the matter has been settled, OP has received the amount of Rs.10,000/- in full settlement of the dues towards credit card. The credit card account of the complainant was zeroised on 07.09.2010. Under these circumstances we proceed to pass the following:
O R D E R
The complaint filed by the complainant is closed as settled. Considering the nature of dispute no order as to costs.
Send the copy of this order to both the parties free of cost.
(Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 19th day of February – 2011.)
PRESIDENT
MEMBER MEMBER
Snm:
