By Smt. Rajani.P.S., Member The complainant’s case is as follows: The complainant is the credit card holder of respondent Bank, bearing No.5546 1991 1090 3010, from the year 1995. When he planned for a foreign tour during the month of February 2007, he made advance arrangements to pay the service charges in the month of January itself. This advance payment was made with an intention to avoid interest, late fees, service taxes etc. But subsequently the respondents have made a demand for Rs.3,774/-. When the complainant realized that this demand is quite illegal and he is not liable to make such an additional payment, the complainant contacted 1st respondent several times But he did not issue an actual statement of accounts or tried to convince the complainant as to how they are demanding such an amount. The complainant believed that the respondents have charged interest, late fee, service charges etc. which is quite unreasonable and not sustainable according to the terms and conditions. Subsequently the 1st respondent had issued a regret letter dated 17/4/2008 stating that there was some mistake of calculations from their side. This itself stands as a proof to the mismanagement of the accounts pertaining to respondents. In such a situation he was compelled to discontinue the business relationship with the respondents, which the complainant was continuing for the past 13 years. This fact was informed to the respondents then and there. The complainant was making the payments quite regularly all these years. But even now the respondents are demanding payments from the complainant through continued correspondence. The respondents again demanded Rs.2,069.98 without any reason or by the support of any statement of accounts. The complainant approached all the respondents several times and requested to cancel such an illegal demand which in fact, the complainant is not liable to pay. Finally the complainant sent a lawyer notice to the 1st and 2nd respondents requesting to withdraw the above demand. But instead of that, they sent a fresh demand to pay an amount of Rs.6,374.61 vide statement dated 25/9/2008. Hence the complaint 2. All the respondents are called absent and set exparte. 3. To prove the case of the complainant he filed an affidavit and the documents produced by him marked as Exhibits P1 to P5 series. 4. According to the complainant he is a consumer of the respondent being a credit card holder of the respondent bank bearing No.55461991 1090 3010 since from the year 1995. When the complainant planned for a foreign tour during the month of February 2007, he made advance arrangements to pay the service charges in the month of January itself. But subsequently the respondents have made a demand for Rs.3,774/-. This respondent did not issue an actual statement of accounts or try to convince the complainant as to how they are demanding such an amount. Subsequently the 1st respondent had issued a regret letter dated 17/4/2008 stating that there was some mistakes of calculations from their side. The complainant was compelled to discontinue the service of the respondent. But the respondents are again demanding payments from the complainant as Rs.2069.98 on 27/7/08 and again Rs.6,374.61 vide statement dated 25/9/2008. Hence the complaint was filed. There is no counter evidence. 5. In the result the complaint is allowed and the respondents are directed to withdraw all the demands made by them as on date pertaining to his credit card account No.5546 1991 1090 3010 and further directed to pay an amount of Rs.2,500/- (Rupees Two thousand five hundred only) as compensation with costs Rs.500/-(Rupees Five hundred only) within a month from the date of receipt of copy of this order. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 25th day of March 2010.
| | HONORABLE Rajani P.S., Member | HONORABLE Padmini Sudheesh, PRESIDENT | HONORABLE Sasidharan M.S, Member | |
