BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.68/2010
Dated this the 29th day of June 2012.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
ORDER
By G. Yadunadhan, President:
The petition was filed on 18-2-2010. The case of the complainant is that the complainant had taken a petro card of ICICI bank numbered 5176533760733003. The complainant had been using the petro card carefully and had been paying the monthly dues to the petro card regularly. Since the complainant found that the opposite parties were charging exorbitant amount from the petro card users under several heads like late payment fee, over limit charges, interest charges the complainant stopped using the petro card about one year ago. The complainant then informed the first opposite party that he wishes to close the petro card account. At the time when the complainant stopped using the petro card, there was a balance of around Rs.3000/- to be paid into the petro card account as per monthly statement issued by the opposite parties. On the receipt of this monthly statement complainant had told the first opposite party that he should get the details as to how he becomes liable to pay Rs.3000/- into the petro card account. The complainant had informed the first opposite party that he is ready to pay this amount if the first opposite party explains as to how he comes liable to pay this amount On receipt of monthly statement the complainant had contacted the first opposite party and expressed his willingness to settle the petro card account if the opposite parties provide a proper explanation regarding the amount due. The opposite parties continues to send monthly statement or exorbitant amount to the complainant without providing any detailed account statement. The complainant had every right to know the details of the calculations made but the opposite parties refused to give any explanation. Opposite parties had been charging exorbitant interest and other charges from the complainant under different heads. Under these circumstances the complainant is seeking relief against opposite party to close the petro card account and issue a closure letter of the petro card account to the complainant and also directed to opposite parties to pay compensation of Rs.50000/- along with compensation.
Opposite party after serving notice entered in appearance and filed their version stating that opposite party issued a credit card bearing No. 5176533760733003 with a credit limit of Rs.20000/-. Which is admitted by the complainant as well as the opposite party that the opposite party used to issue statements according to the usage of the credit card. Here the complainant uses the card to pay for fuel termed petro card. It is enabled in the terms and conditions that if a card member uses the card to pay for fuel, he will be charged a transaction fee as mentioned n the tariff annexure, The card member shall become liable as a charge has been incurred by use of credit card. If there are any outstanding (whether billed or not) remaining unpaid as on payment. On due date then such outstanding shall bear and carry such charges as specified in the tariff annexure. There is an agreement between the complainant and opposite party to honour his purchase within the credit limit. Each month’s purchase will be reflected in the monthly statement and if any discrepancy in statement which do not tally with the actual purchase as per the terms and conditions of the credit card business, complainant can opt to dispute/protest against any purchase shown in the statement. The averment made by the complainant that he stopped using the card after charging the amount of Rs.3000/- is completely false and hence denied. Here the complainant is a chronic defaulter in paying the monthly payment and it is much evident from the monthly statement of account. There is no exorbitant amount will come in the statement. Bank’s money is a public fund. Credit card is unsecured loan. By believing the assurance of customer, the bank has issued the credit card to the customer. Monthly payment of dues within due date is very important for a credit card transaction. Here the complainant is a defaulter. The outstanding amount due is Rs.17869/-. After payment, balance amount is Rs15807/-. No statement has taken place by depositing this part payment. Credit card is live till the clearing of dues. The failure is on the part of complainant to pay the due amount towards the opposite parties. No deficiency on the part of opposite parties. Therefore complaint is liable to be dismissed.
Points for consideration is whether any deficiency in service on the part of opposite parties? If so what is the relief and costs.
Complaint was filed on 16-2-2010. Notice served to the opposite party and filed their version. After receiving version from the opposite party the case is specifically posted for filing affidavit by the complainant or adducing any evidence or marking documents to substantiate their case. From 25-2-2012 onwards complainant was continuously absent for the last four consecutive posting without reasonable excuse. Hence Forum decided the case on merit. Complainant had produced some documents. On perusal of documents, these documents are not sufficient for evidence to establish their case. Their specific case is that complainant has already paid the entire dues towards the petro card issued by the opposite party. No documents were seen produced to show that the dues were cleared against the opposite party or not adduced any oral testimony in this regard. On available documents and complaint it does not improve the complainant’s case and also it seems that the complainant is not interested to contest the case. Under these circumstances the complaint is liable to be dismissed.
Pronounced in the open court this the 29th day of June 2012.
Date of filing: 18.02.2010.
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
