COMPLAINT FILED: 30-04-2009<br /> DISPOSED ON: 18-12-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 18TH DECEMBER 2009<br /> <br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2289/2009<br /> <br /> <br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Smt. Sudha L.<br /> W/o. G.R.Srikanth Raj,<br /> Aged about 37 Years,<br /> Yogesh Pharmaceuticals,<br /> No.125/09, 19, 3rd Floor,<br /> New Block, Balaji Complex,<br /> Sultanpet,<br /> Bangalore –560 053.<br /> <br /> Advocate – Ishwara Bhat<br /> <br /> <br /> V/s.<br /> <br /> OPPOSITE PARTY The Manager,<br /> M/s. HDFC Bank Ltd.,<br /> Credit Card Division,<br /> 3rd Floor, Golden Towers,<br /> Next to Golden Enclave,<br /> HAL, Airport Road,<br /> Bangalore –560 017.<br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA,MEMBER <br /> <br /> This complaint is filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Party (herein after called as O.P) to pay compensation of Rs.10,00,000/- towards harassment, inconvenience, physical and mental agony along with costs on an allegations of deficiency in service on the part of the OP. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> 2. Complainant obtained a credit card bearing No:4346771000845546 from the OP about five years back, having the credit limit upto Rs.46,000/-. Complainant used to make the payment towards the bill amount as and when it was due. After receiving statement from OP claiming Rs.8,931-56 due as on 31-10-2008, complainant made the payment vide cheque dated 25-10-2008 drawn on Canara Bank, Chickpet Branch, Bangalore in favour of the OP through her husband, Sri.G.R.Srikanth Raj, proprietor of manasa enterprises. The copy of the cheque dated 25-10-2008 and statement of the account issued by OP are produced. After realization of the cheque complainant approached OP, who confirmed the payment made. The copy of the statements of account pertaining to manasa enterprises is produced. Inspite of making the payment, the officials of the OP used to make calls frequently. Claiming to clear the outstanding amount due. Complainant already appraised the fact of payment of the bill amount and settlement of claim to the official of the OP on 17-11-2008. Complainant wrote a letter to OP informing the payment and enclosed the statement of account issued by Canara Bank, Chickpet Branch, Bangalore and requested OP to close the credit card facility. Complainant never used the credit card after making payment of Rs.8,932/-. The copy of the letter dated 17-11-2008 is produced. Evenafter bringing the fact of payment to the knowledge of OP, the harassment and torture from officials of OP did not stop. They were not ready to verify the same. Hence complainant felt deficiency in service on the part of the OP. Under circumstances she is advised to file this complainant and sought for the necessary relief.<br /> <br /> 2. After registration of the complaint, notice was sent to the OP. Inspite of service of notice OP remained absent without any sufficient reason or cause. The absence of the OP does not appears to be as bona fide and reasonable. Hence OP is placed Ex-parte.<br /> <br /> 3. In order to substantiate the complaint averments, complainant filed the affidavit and produced some documents. OP did not participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that she had obtained a credit card bearing No.4346771000845546 having a credit limit upto Rs.46,000/- about 5 years back from OP. Complainant used to make the payment of the bill amount as and when it is due. OP sent statement claiming Rs.8,931-56 as due till 30-10-2008. Complainant made the payment of that sum of Rs.8,932/- to OP through the cheque belonged to her husband Sri.G.R.SrikanthRaj, proprietor of Manasa Enterprises dated 25-10-2008 drawn on Canara Bank,Chickpet Branch,Bangalore. The amount has been realized from the account of complainant’s husband on 05.11.2008. The copy of the Bank statement of M/s Manasa enterprises dated 01.10.2008 to 12.11.2008 is produced. Inspite of realization of the cheque amount the officials of the OP by name Vinay, Vidya, Pooja, Ranjit, Cherry, Mahantesh, Ratnakar, Ramamurthy, Varun and Ashwini were frequently used to call the complainant in the odd times over telephone five to ten times in a day to clear the outstanding amount due. Complainant brought to the knowledge of the said officials that she has paid the entire amount due. Officials of OP without verifying the records were frequently harassing the complainant over phone by using abusive languages. On 17-11-2008 complainant wrote a letter to OP informing about the payment by enclosing the copy of statement of account issued by OP. Further in the said letter requested OP to close the credit card facility immediately. The said letter sent through fax. The copy of the letter and acknowledgement of sending the fax is produced. Inspite of payment OP has sent bills for the month of December 2008, February’ 2009 and March’ 2009 and caused legal notice dated 09-06-2009 demanding to clear outstanding amount of Rs.14,703-29. Copies of bills and notice, correspondence are produced by the complainant. The documents produced by the complainant fully corroborate with complainant’s affidavit evidence. OP having not appeared and filed version, the evidence produced by the complainant stands un-controverted we accept the evidence produced by the complainant and hold that further issuance of bills and legal notice demanding payment after receiving the payment and instructions to close the credit card account by the OP amounts to deficiency in service on the part of the OP. <br /> 5. We are satisfied that the complainant is able to prove the deficiency in service on the part of the OP. The non-appearance of the OP even after due services of notice leads us to draw an inference that OP admits all the allegations made by the complainant. OP failed to verify its own records and close the credit card account of the complainant after receipt of the payment inspite of correspondences made by the complainant. The complainant is not legally bound to pay the amount mentioned in the demand bills dated 10.11.2008, 10.12.2008, 10.02.2009 and 10.03.2009 as well as the amount of Rs.14,703-29, mentioned in the legal notice dated 09-06-2009. The bills raised by the OP are illegal and not based on actual facts. Further OP is estopped from issuing such bills in future. <br /> <br /> 6. The complainant has produced the copy of the certificate of registration in commercial tax department and copy of provisional vat registration to show that she is proprietrix of M/s Yogesh Pharmaceuticals; carrying business in pharmaceuticals as a dealer under Section 10(1) of the Karnataka Sales Tax Act. She has also produced income tax returns for the years 2007-08, 2008-09 and 2009-10 to show that she is income tax assesee. Considering the status of the complainant, the repeated acts of the officials of the OP demanding her to clear the credit card dues which in fact she was not due; must have naturally caused mental agony, sufferings, harassment and disturbed her in carrying her business in pharmaceuticals. In 2008 CTJ 48 (CP)(NCDRC) the National Commission in similar case where despite having settled the account of the credit card, the bank took three months to issue him its NOC and apart from this it went on sending him its statements showing outstanding amount against him for as long as another three months thereafter. The complainant claimed compensation of Rs.10 crores on the allegation of deficiency in service on the part of the OP, but the complainant was awarded compensation of Rs.30,000/- along with cost of Rs.3,000/-. It was held that “a customer who has settled the account with the bank is not to be harassed by continuously receiving statements showing amounts as outstanding”. In this case the complainant has claimed compensation of Rs.10 lakhs; but the same is at a higher side; taking into consideration of all the facts and circumstances we are of the view that it would meet ends of justice by awarding compensation of Rs.30,000/- and Rs.3,000/- as litigation costs to the complainant. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The Complaint is allowed in part. <br /> <br /> OP is directed to pay compensation of Rs.30,000/- and litigation cost of Rs.3,000/- to the complainant within 4 weeks from the date of communication of this order. Failing which complainant is entitled to claim interest at 12% p.a. from 09.06.2009 till realization. <br /> <br /> Send the copy of this order to both the parties free of costs.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 18th day of December 2009.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> NRS<br />