Tamil Nadu

South Chennai

CC/393/2015

S.Jothimanikandan - Complainant(s)

Versus

The Managing Director, M/s. HDFC Bank - Opp.Party(s)

M/s.Premalatha

20 Nov 2019

ORDER

                                                                             Date of filing      : 14.10.2015

                                                                               Date of Disposal : 20.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.393/2015

DATED THIS WEDNESDAY THE 20^TH DAY OF NOVEMBER 2019

                                 

S. Jothimanikandan,

S/o. Mr. R. Sivaraman,

F1, 3^rd Floor, Door No.35, Mullai Flats,

6^th Main Road,

Mugappair ERI Scheme,

Mugappair,

Chennai – 600 037.                                                        .. Complainant. 

                                                                                                 ..Versus..

 

1. The Managing Director,

M/s. HDFC Bank,

1^st Floor, C.S. No.6/242,

Senapati Bapat Marg,

Lower Parel,

Mumbai – 400 013.

 

2. The General Manager,

M/s. HDFC Bank Cards Division,

No.8, Lattice Bridge Road,

Thiruvanmiyur,

Chennai – 600 041.                                                 ..  Opposite parties.

 

Counsel for the complainant                 : M/s. S. Premalatha

Counsel for the opposite parties 1 & 2 : M/s. Deepa Harigovind

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to waive a sum of Rs.2,958.17/- levied by the opposite parties as finance charges, since the opposite parties have duly admitted that there is no outstanding against the Credit Card of the complainant and also direct them to issue “No Due Certificate”, to permanently retrain the opposite parties and their men, servants agents or anybody from adding any more charges viz late fee, finance charges and other charges etc, to permanently restrain them from including the name of the complainant in the CIBIL (Credit Information Bureau of India Limited) and to pay a sum of Rs.10,00,000/- towards compensation for mental agony, irreparable loss, hardship, serious prejudice and physical sufferings caused to the complainant due to deficiency in service committed by the opposite parties with cost.

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

The complainant submits that he is a VISA International Credit Card holder issued by the opposite parties 1 & 2 bearing Card No.4854 9900 0077 6527 with a credit limit of Rs.1,05,000/-.  The complainant submits that the complainant kept dues to the tune of Rs.38,877/- as on August, 2015 due to financial stringency. While so, the complainant requested the opposite parties to waive exorbitant finance charges, late fee, cess and service tax and expressed his willingness to pay the actual due amount of Rs.38,877/- towards settlement and paid the same.   The complainant submits that after due settlement of the credit card dues, the opposite parties issued statement of account claiming a sum of Rs.2,958.17 towards outstanding dues on 16.09.2015. Hence, the complainant sent email dated:02.09.2015  requested to waive the amount.  The opposite parties sent a reply mail dated:30.09.2015 stating very clearly that “there is no outstanding post bank charges reversal towards your card ending 6527” and they waived latte fee charges.    Thereafter, the complainant called the Customer Care to send him ‘No Due Certificate’, but there is no response from their end and asked the complainant to contact the branch of the opposite parties and the opposite parties turned deaf ears to the request of the complainant. The complainant submits that the opposite parties threatened, the complainant that they will inform the CIBIL (Credit Information Bureau (India) Limited). The act of the opposite parties in further asking the complainant to pay a sum of Rs.2,958.17/- and threatening to inform to the CIBIL caused much mental agony, physical sufferings and severe hardship to the complainant and it is against the natural justice.    The act of the opposite parties 1 & 2 amount to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.    The opposite parties state that the complainant was a credit card holder of the opposite parties with Visa Signature Superia Card bearing No.4854 9900 0077 6527.  The complainant entered into various cash retail transactions using his credit card the same being reflected in the monthly statements which were issued to the complainant.  The said statements also stated the outstanding dues payable by the complainant to the opposite parties pertaining to his credit card.   It is submitted that the complainant entered into various cash retail transactions using his credit card the same being reflected in the monthly statements which were issued to the complainant.  The complainant inspite of acknowledging receipt of such statements and thus being aware of the outstanding dues payable by her to the opposite party wilfully defaulted in payment of his outstanding dues.  The opposite parties is always willing to submit the ‘No Due Certificate’ to the complainant infact copy of the No Dues Certificate was furnished to the Counsel for the complainant.   Therefore, there is no deficiency in service on the part of the opposite parties and 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.A8 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 to Ex.B3 is marked on the side of the opposite parties 1 & 2.

4.      The points for consideration is:-

1. Whether the complainant entitled to get waiver of a sum of Rs. Rs.2,958.17/- claimed by the opposite parties as finance charges and get “No Due Certificate” as prayed for?

2. Whether the complainant is entitled to a sum of Rs.10,00,000/- towards compensation for mental agony, loss, hardship and deficiency in service with cost as prayed for?

5.      On point:-

The opposite parties has not filed any written argument.  The complainant filed his written argument.  Heard both sides.  Perused the records namely; the complaint, written version, proof affidavits and documents.  Admittedly, the complainant is a VISA International Credit Card holder issued by the opposite parties 1 & 2 bearing Card No.4854 9900 0077 6527 with a credit limit of Rs.1,05,000/-.  Ex.A1 is the copy of VISA SIGNATURE SUPERIA Credit Card issued by the opposite parties.  Further the contention of the complainant is that admittedly the complainant kept dues to the tune of Rs.38,877/- as on August, 2015 due to financial stringency.  While so, the complainant requested the opposite parties to waive exorbitant finance charges, late fee, cess and service tax and expressed his willingness to pay the actual due amount of Rs.38,877/- towards settlement and paid the same. Further the contention of the complainant is that after due settlement of the credit card dues the opposite parties issued Ex.A8, statement of account claiming a sum of Rs.2,958.17 towards outstanding dues on 16.09.2015.  Hence, the complainant sent email requesting to waive the amount as per Ex.A6.  Since the opposite parties threatened, the complainant that they will inform the CIBIL (Credit Information Bureau (India) Limited) complainant was put to great mental agony proves the deficiency in service.  Hence, the complainant was constrained to file this case.  Further the contention of the complainant is that the opposite parties admitted the settlement of dues and issued “No Due Certificate” also.  Due to inadvertently the opposite party sent the statement of account showing the balance amount of Rs.2,958.17/-which is also waiving proves the gross deficiency in service.

6.     The learned Counsel for the opposite parties would contend that the complainant was a credit card holder of the opposite parties who is a chronic defaulter.  The complainant came forward to settle the dues and was accepted.   “No Due Certificate” also issued.   The allegation that information to CIBIL by the opposite parties is imaginary.   There is no need of informing to CIBIL.  Due to inadvertence the statement of accounts was sent claiming a sum of Rs.2,958.17/- which is totally invalid because already “No Due Certificate” issued.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally shall pay a sum of Rs.10,000/- towards compensation for mental agony and deficiency in service with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony and deficiency in service 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 20^th day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	00.00.2009	Visa International Credit Card and VISA SIGNATURE SUPERIA Credit Card issued by the opposite parties
Ex.A2	04.08.2015	Copy of statement issued by the opposite parties asking the complainant to pay an outstanding of Rs.85,771.95
Ex.A3	18.08.2015	Copy of the complainant’s email to the Nodal Officer of the opposite parties
Ex.A4	24.08.2015	Copy of reply via email by the Nodal Officer of the opposite parties
Ex.A5	01.09.2015	Copy of statement of the complainant for remitting the entire due amount of Rs.85,771.95
Ex.A6	02.09.2015	Copy of the complainant’s email to the opposite parties to issue ‘No Due Certificate’ and to waive late fee charges
Ex.A7	03.09.2015	Copy of email letter of the opposite parties confirming no outstanding from the complainant and also waiving late fee charges of Rs.700/-
Ex.A8	16.09.2015	Copy of letter of the opposite parties to the complainant to pay a sum of Rs.2,958.17/-

 

 

OPPOSITE PARTIES 1 & 2 SIDE DOCUMENTS:-  

Ex.B1	25.10.2016	Copy of Board Resolution Authorization
Ex.B2		Copy of most important terms and conditions
Ex.B3	24.02.2016	Copy of letter of the opposite party to the complainant

 

 

 

MEMBER                                                                                                                                                             PRESIDENT