Tamil Nadu

South Chennai

504/2008

K.Raja Venkata Subramaniam - Complainant(s)

Versus

The Manager,Hong Kong Shangai Banking Corp.Ltd, - Opp.Party(s)

S.Silambarasan associates

23 Aug 2018

ORDER

                                                                        Date of Filing  : 12.08.2008

                                                                          Date of Order : 23.08.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.504/2008

DATED THIS THURSDAY THE 23^RD DAY OF AUGUST 2018

                                 

K. Raja Venkata Subramaniam,

S/o. Mr. A.E. Kothandaraman,

Nestle India Limited,

6^th Floor, Spencer Plaza,

No.769, Anna Salai,

Chennai – 600 002.                                                   .. Complainant.                                               

 

     ..Versus..

 

1. The Manager,

The Hongkong and Shanghai Banking

Corporation Limited,

Card Production Division,

No.52/60, Mahatma Gandhi Road,

Post Box No.128,

Mumbai – 400 001.

 

2. The Customer Service Officer,

HSBC Bank,

Dr. Radhakrishnan Salai,

Chennai – 600 004.                                              ..  Opposite parties.

          

Counsel for complainant           :  M/s. S. Silambanan Associates &    

                                                      another

Counsel for opposite parties    :  M/s. BC & Associates

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to make reverse entries in the credit of complainant’s account which was erroneously charged to the complainant’s credit card account since the purchases were not made by the complainant and the charge slips were not bearing the complainant’s signature and to pay a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.20,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that he is a credit card holder viz bearing No.INTL-GOLD ML 5548-5135 0276 7742 of the opposite party bank and was a prompt payer of monthly dues.  Hence the opposite parties granted enhancement of credit card limits to the tune of Rs.72,000/-.    Further the complainant submits that in the month of January 2006, he lost his wallet including valuable cash and credit card.  He was unaware that his credit card was misused by a petrol bunk staff of ‘Spur Tank Road Filling Station at Chetpet’ where he used to fill fuel for his car.  The complainant further submits that he was shocked when he received the credit card statement for the period from 03.01.2006 to 02.02.2006 that the debit balance shown as Rs.25,150.40 during which period, he has never used his credit card.  Immediately, the complainant contacted the opposite party and requested to deactivate the above said credit card and addressing a letter to the opposite party stating that his credit card has been lost along with wallet and the credit card was misused.  The complainant lodged a complaint on 02.03.2006 before the Inspector of Police (Crime).  The missing certificate issued by the Inspector of Police, Kilpauk Police Station also sent along with the covering letter to the opposite party.  On 27.04.2006, the complainant issued a letter to the opposite party which was accepted for which, the opposite party sent a reply dated:03.07.2006 stating that the opposite party was able to recover a part of amount of Rs.15,605/- and credited into the complainant credit card a/c and called the complaint to pay a balance amount of Rs.45,253.53.  The act of the opposite parties caused great mental agony.  The complainant sent legal notice dated:27.11.2006 to the opposite parties but the opposite parties has not come forward to settle the demands of the complainant.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.  The opposite parties state that the complainant availed the opposite parties credit card number 5548 5199 9846 4611.  The complainant reported the loss of credit card only on 01.03.2006.   Hence the complainant is liable to pay all the transactions within such period.  The opposite parties immediately blocked the card on receipt of information from the complainant about the loss of the card on 01.03.2006 at 07.55 pm.  The complainant is guilty of wilful and gross negligence and trying to find fault with the security system of the opposite party bank.  The opposite party has given proper and valid explanation to the complainant vide their letter dated:11.07.2006.  The complainant has to pay the sums due on the card.  There is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

3.   To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A15 are marked.  Proof affidavit of the opposite parties filed and no documents filed and marked on the side of the opposite parties.

4.      The points for consideration is:-

1. Whether the opposite parties are liable to make reverse entries in the credit of the complainant as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.20,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  Admittedly, the complainant is a credit card holder of the opposite party bank and the complainant was a prompt payer of monthly dues.  Hence the opposite parties granted enhancement of credit card limits to the tune of Rs.72,000/-.  Ex.A1 to Ex.A3 are the credit card statements for the period from 02.10.2005 to 02.01.2006.   

6.     Further the contention of the complainant is that in the month of January 2006, he lost his wallet including valuable cash and credit card.  He was unaware that his credit card was misused by a petrol bunk staff of ‘Spur Tank Road Filling Station at Chetpet’ where he used to fill fuel for his car.  As per Ex.A4, the credit card statement for the period from 03.01.2006 to 02.02.2006, the debit balance shown as Rs.25,150.40 during which period, the complainant has never used his credit card.  Immediately, the complainant contacted the opposite party and requested to deactivate the above said credit card and addressed a letter to the opposite party stating that his credit card has been lost along with wallet and the credit card was misused as per Ex.A5.  The complainant lodged a complaint on 02.03.2006 before the Inspector of Police (Crime) as per Ex.A6.  The missing certificate issued by the Inspector of Police, Kilpauk Police Station also sent along with the covering letter to the opposite party as per Ex.A7.  On 27.04.2006, the complainant issued a letter to the opposite party which was accepted for which, the opposite party sent a reply dated:03.07.2006 as per Ex.A10 stating that the opposite party was able to recover a part of amount of Rs.15,605/- and credited into the complainant credit card a/c and called the complaint to pay the balance amount of Rs.45,253.53 which is absolutely false since no transaction was taken place.  On a careful perusal of Ex.A12, Ex.A13 statements it is very clear that there was no transaction except claiming Annual Fee of Rs.2,000/-, Service Tax + Cess @12.24% of Rs.244.80, Finance Charge of Rs.1,543.54 and another Service Tax + Cess @ 12.24% of Rs.188.93/-.  All these claims are totally against the Reserve Bank of India Rules.  The opposite parties has not produced any document to prove that they are entitled to collect the said amount without any transaction proves deficiency in service.  The complainant is claiming to reverse the above said claim amount and to cancel the credit card with a compensation of Rs.1,00,000/- and cost.

7.     The contention of the opposite parties is that the complainant availed the opposite parties credit card number 5548 5199 9846 4611.  The complainant reported the loss of credit card only on 01.03.2006.   Hence the complainant is liable to pay all the transactions within such period.  While so, as per Ex.A9, the 1^st opposite party bank informed the complainant that “We are happy to inform you that the case investigations have helped us to recover part of the amount under dispute.   Accordingly, an amount of Rs.15,605.00 has been credited to your credit card account.  You are requested to settle the balance amount of Rs.45,253.53 at the earliest”.  On the other hand, this 1^st opposite party claimed a sum of Rs.42,253.53/- towards the balance credit card amount.   But it is seen from the records that after loss of wallet including the credit card, the complainant has not transacted any amount.  On a careful perusal of Ex.A12 & Ex.A13 also, it is apparently clear that there was no transaction except the claim by the opposite parties towards Annual Charges & Fee, Service Tax and Financial Charges which is against the principles of Reserve Bank of India guidelines and policies and therefore such act of opposite parties proves deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that, the opposite parties jointly and severally shall reverse the wrong entries and pay a compensation of Rs.10,000/- with cost of Rs.5,000/-.

In the result, this complaint is allowed in part. The opposite parties 1 & 2 are jointly and severally liable to reverse the wrong entries in the credit of the complainant’s account and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 23^rd day of August 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	02.10.2005 to 02.11.2005	Copy of credit card statement from 2nd October, 2005 to 2nd November, 2005
Ex.A2	02.11.2005 to 02.12.2005	Copy of credit card statement from 3rd November 2005 to 2nd December 2005
Ex.A3	03.12.2005 to 02.01.2006	Copy of credit card statement from 3rd December 2005 to 2nd January 2006
Ex.A4	03.01.2006 to 02.01.2006	Copy of credit card statement from 3rd January 2006 to 2nd  February 2006
Ex.A5	02.03.2006	Copy of letter addressed to the 2nd opposite party bank
Ex.A6	02.03.2006	Copy of letter addressed by the complainant to the Kilpauk Police Station
Ex.A7	26.04.2006	Copy of missing certificate issued by Inspector of Police, Kilpauk Police Station
Ex.A8	27.04.2006	Copy of letter addressed to HSBC enclosing the certificates
Ex.A9	15.06.2006	Copy of letter sent by the 1st opposite party
Ex.A10	03.07.2006	Copy of the letter sent by the complainant
Ex.A11	11.07.2006	Copy of letter sent by the bank
Ex.A12	03.06.2006 to 01.07.2006	Copy of statement of card for the period from 03.06.2006 to 01.07.2006
Ex.A13	03.07.2006 to 01.08.2006	Copy of statement of card for the period from 03.07.2006 to 01.08.2006
Ex.A14	04.09.2006	Copy of Telegram sent by the 1st opposite party
Ex.A15	27.11.2006	Copy of legal notice by the complainant’s Counsel to the opposite parties

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                      PRESIDENT