The case of the complainant, in a nutshell, is that the complainant is an old aged person who used to doing business of share trading and he has a savings Bank Account No. 910010036265272 and Credit Card No. 4514570016812730. The complainant took loan of Rs. 1, 00,000/- from the O.P bank and he purchased a Laptop against the credit card. Thereafter, the complainant has been paid EMI to the O.P but on request the O.P failed to give details account of loan despite several requests. The O.P also demanded the credit card and old mobile phone from the complainant and the O.P used his phone with their credit card. The complainant again demanded his mobile and some app download. But the O.P did not give the detail of loan / credit card as well as EMI details to the complainant.
The further case of the complainant is that he checked all the details and got free message in mobile that your present limit is Rs. 30,000/- and your limit shall be upgraded to Rs. 20, 00,000/- within five days and accordingly the complainant checked thoroughly and noticed that in February, 2019 the EMI debited from the account is more than the EMI debited every month i.e. Rs. 7,600/-. The complainant further adds that he has not asked for extension of limit of the credit card. Inspite of several requests the O.P did not supply the statement of account of loan / EMI / credit card. The details of cash losses in trading business of the complainant due to fault of O.P and mala-fide intention related to the message of extension of limit Rs. 20, 00,000/- from Rs. 30,000/- which is harassed to the complainant. The complainant even paying EMI of both loan and credit card EMI’s since last almost one year but the O.P did not release the statement of loan and credit card. The O.P harassed he complainant by debiting Rs. 9,225/- extra Rs. 2,000/- without any intimation to him and due to the act of the O.P the complainant has suffered loss of Rs. 1,60,000/- till February, 2019.
Hence, this case has been filed by the complainant with a prayer to direct the O.P to compensate him for amount of Rs. 4,50,000/- towards compensation, mental agony etc.
In the instant case the O.P did not contest the case though he received the notice of this Forum. Accordingly, the case was proceeded ex-parte against him.
In support of the case the complainant has filed evidence-on-affidavit as well as written argument in this case. Complainant has also filed some documents.
We have heard argument from the side of complainant and also perused the material on record very carefully.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(1)(d)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
The complainant is the customer of an O.P Bank and one credit card has been provided to him from Axis Credit Card Department. The main allegation against the O.P is that the excess EMI deduction of credit card and according to the provision of law the complainant is the customer of Axis Credit Card.
From the face of the complaint it appears that the complainant has a savings account with the O.P Bank for about 8-9 years and one credit card of Axis Bank has provided to him for the cash limit of Rs. 30,000/-. He purchased a Laptop using this credit card on EMI basis and he took a cash loan of Rs. 1, 00,000/- from the said credit card according to the petitioner. The EMI was enhanced without informing him that apart his cash limit was enhanced from Rs. 30,000/- to Rs. 20, 00,000/- without informing him from the entire petition. We do not find any materials regarding purchase of Laptop is received the EMI, the price etc. it is also not clear what is the EMI of loan of Rs. 1,00,000/-. It appears from the savings bank account that he took loan of Rs. 1, 00,000/- on 14th May, 2018 and thereafter his EMI enhanced to Rs. 4191/- to Rs. 7679/- and the allegation of the complainant is that he was not served any statement of credit card although he has served several letters to the O.P bank branch for in this regard. We find that credit card department is the separate concern or the sister concern of the original bank. The original bank has no way connected with the credit card department except deducting the EMI amount as claimed by the credit card department. The complainant did not knock the door of the credit card department of Axis Bank but he sent the letters to the O.P Bank and O.P Bank did not send any reply. We find that the petition of complaint, the allegation adduced by the complainant and the written argument are totally different. The petition does not disclose the particulars of Laptop which he purchased by the credit card and the details of loan of Rs. 1,00,000/- which he has taken from the said credit card. He has demanded Rs. 4, 50,000/- as a compensation but it is not clear from his petition why Rs. 4, 50,000/- he has claimed. That apart we find that this case has not been filed against a proper person. The proper person is the Nodal officer of Axis Bank credit card or the Manager of Axis Bank credit card nor the Branch Manager of Commercial Branch at Alipurduar. So after consideration of these facts we find that the complainant will not get any relief from this case as it has been filed against a wrong person. He can file a suit afresh against the credit card department of Axis Bank. It is fact that this case is heard ex-parte but the complainant will not get any benefit as because he has failed to prove his case not only he has filed a case against the wrong person but also did not produce valid documents to substantiate his claim.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is dismissed ex-parte without cost.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
