Date of Filing:16.10.2009<br /> Date of Order: 11.05.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 11H DAY OF MAY 2010<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2410 OF 2009 <br /> <br /> <br /> Mr. N.Surendar<br /> S/o Late K.Nagaraj<br /> Advocate, No.60/1, Sampanna Road, <br /> Subbanapalya, M.S.Nagar,<br /> Bangalore-33. Complainant<br /> <br /> V/S<br /> <br /> 1. The Managing Director<br /> HDFC Bank Card Division.,<br /> P.O.Box No.399, Anna Salai,<br /> Chennai-600002. <br /> <br /> 2.The Branch Manager, <br /> HDFC Bank, <br /> No.25/1, Shankaranarayan Buildings,<br /> M.G.Road, Bangalore-1.<br /> <br /> 3.M/s. HDFC Bank Ltd.,<br /> Credit Card Division,<br /> 3rd Floor, Golden Towers,<br /> Next to Goldern Enclave,<br /> HAL Airport Road,<br /> Bangalore-1.<br /> <br /> <br /> 4. The Manager,<br /> Debt Management, HDFC Bank Card Division,<br /> Prince Kushal Towers,<br /> 96, Anna Salai,<br /> Chennai-600002. Opposite Parties<br /> <br /> <br /> ORDER<br /> <br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986 for directing the opposite parties to pay compensation and declare the demand made for the opposite parties as unfair trade practice. <br /> The brief facts of the case are that, the complainant has holding Debit card of the opposite parties Bank. He was prompt in paying the amount regularly. The complainant received notice from the opposite parties demanding the payment. The complainant got issued a legal notice on 7-4-2009 seeking to withdrawal of demand notice. The complainant and opposite parties reached to full and final settlement for an amount of Rs.375/-. The said amount was paid by cash and the opposite parties gave full and final settlement letter. After 3 years of the said settlement the complainant was surprised to receive a demand notice for Rs.7,133/- towards the credit card though, the account was closed on 5-11-2005. The complainant being an advocate by profession by shocked to receive legal notice. The complainant suffered mental agony. Therefore, he has been constrained to file the complaint. <br /> 2. The opposite parties have filed defense version, stating that it is true that the opposite parties had offered to the complainant to make payment of Rs.375/- as full and final settlement of outstanding dues of his credit card account on 11-5-2005. The complainant had not made any payment to the opposite parties as per the offer letter dated 11-5-2005, hence offer letter is not binding on the opposite parties. The opposite parties got issued legal notice for Rs.7,153/- to the complainant, there is no illegality or deficiency of service on the part of the opposite parties. Hence, opposite parties requested to dismiss the complaint. <br /> <br /> 3. The respective parties have filed affidavit evidence. The complainant had produced some documents, Heard the arguments on both the sides. <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> 1. Whether the complainant has proved the deficiency of service on the part of the opposite parties? <br /> <br /> 2. Whether the complaint is entitled for relief sought for? <br /> <br /> REASONS<br /> 5. I have gone through the pleadings and affidavit evidence and the documents produced by the complainant. The opposite parties has not produced any documents. The complainant has produced document of opposite parties Bank letter marked Exhibit C-1, this document is settlement offer letter dated 5-11-2005. As per this document it has been clearly stated as under- <br /> “We have received the following payment/s towards full and final settlement of your card account quoted above. Please note that to honour commitments as detailed in the payment schedule below will result in immediate cancellation of this offer” <br /> Mode of payment-cash, Amount- Rs.375/-Date of Payment, 17-5-2005, <br /> Manager Debt Management <br /> As per this letter it has been clearly stated that opposite parties have received the payment towards full and final settlement of card account. This is the case how can the opposite parties again send the notice after 3 years after settlement demanding Rs.7,153/- from the complainant. Issuing such notice is definitely a deficiency in service on the part of the opposite party Bank. The complainant is not obliged to pay the amount as demanded in the notice of the opposite parties. It appears that even after Receipt of Rs.375/- in full and final settlement the account was not closed in the Bank records. Therefore, by mistake the opposite parties had sent demand notice after 3 years of full and final settlement. Therefore, the demand notice requires to be set aside. The complainant has claimed Rs.1,00,000/- as compensation since he is an advocate getting notice from the opposite parties affected his image in the public eye. On facts of the case it is not fit case to grant compensation. The ends of justice will be met in declaring the demand notice sent by the opposite parties is illegal and not binding on the complainant. In the result, I proceed to pass the following order:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The demand notice for Rs.7,153/- sent by the opposite parties is illegal and same is not binding on the complainant. No order as to cost. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 11TH DAY OF MAY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />