1.                     The brief history of the case of the complainant is that the representative of the Ops in order to promote their Credit Card product approached the complainant during February, 2017 and sold the Credit Card on misrepresentation of facts with false promise.  It is submitted that the Credit Card bearing No.4893 7709 0075 6040 valid from 03/2017 to 03/2020 reached to the complainant on 07.08.2017. It is submitted that the complainant had never activated the card but Ops raised a bill of Rs.5519.40 vide their statement dt.13.12.2017 against no use of the card.  It is further submitted that the OPs sent a legal notice dt.09.01.2018 demanding the amount so raised illegally to which the complainant protested.  Thus alleging deficiency in service and unfair trade practice on the part of the Ops, he filed this case praying the Forum to direct the Ops to withdraw the demand of Rs.5519.49 and to pay Rs.20, 000/- towards compensation to the complainant.

2.                     The Ops though entered their appearance through their A/Rs, did not file counter but participated in the hearing.  Heard from both the parties through their respective A/Rs and perused the materials available on record.

3.                     In this case, the Ops have sold credit card bearing No. 4893 7709 0075 6040 valid from 03/2017 to 03/2020 and the complainant has received the credit card on 07.08.2017 by post.  The case of the complainant is that she has never activated the credit card in question but the Ops have raised a bill amounting to Rs.5519.49 against that credit card on 13.12.2017.  The complainant stated that she has protested the demand but the Ops remained silent.

4.                     It is further seen that the Ops through their Advocate sent a legal notice dt.09.01.2018 requesting the complainant to attend mediation proceeding on 24.01.2018 & 25.01.2018 to be conducted in presence of the bank officer.  On getting the notice, the complainant wrote a letter to the Advocate of the Ops stating that she has neither activated nor used the credit card and hence any such demand by the bank is illegal.  The Advocate for the Ops has not replied to that letter of the complainant.

5.                     In this case, the Ops have not filed any counter to the allegations of the complainant.  The Ops had not duly answered to the question that when the credit card is not activated and used how they could raise such a huge amount as their demand.  In absence of any explanation from the side of the Ops, we safely conclude that the demand of Rs.6140/- through Advocate notice dt.09.01.2018 is illegal and arbitrary.  Hence the complainant is not entitled to pay any charge when she has neither activated nor used the credit card.  Due to this illegal demand, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure.  As such she is entitled for compensation and costs.  Considering the sufferings, we feel a sum of Rs.5000/- towards compensation and cost in favour of the complainant will meet the ends of justice.

6.                     Hence ordered that the complaint petition is allowed in part.  While quashing any such demand made by the Ops, we direct both the Ops being jointly and severally liable are to pay Rs.5000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.

(to dict.)