This complaint  having come up for final hearing before us on  01.07.2015  on perusal of the material records  and on hearing the  arguments of  Thiru. P.Sathiyaseelan, the counsel  for the complainant and  the second opposite party  having been set exparte, the 1^st opposite party originally represented by Thiru.S.Chandrasekaran, Advoate  but subsequently having been  set exparte  and having stood  before us for consideration, till this day the Forum  passed the following

By President, Thiru.P.G.Rajagopal, B.A.B.L., 

                       This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.                    

2) The  gist of the complaint filed by the  complainant  is that he obtained  credit card number  4317575036264852 in the first opposite party bank by using  the said  card he purchased the last transaction for Rs. 10,830/- during January 2007 and he had no further transaction  in the account thereafter.  Further he  also remitted  the said amount of Rs.10,830/-  by way of instalment through cheques as follows VIR No.140726 dated 20.02.2007 for Rs. 1200/-, VTI No.140729 dated  26.03.2007 for Rs.9630/-.  The first opposite  had also  received the said amount  vide collection receipt No. 7449369 (Book No.148988)  for Rs.1200/-  dated 20.02.2007 and receipt No.7726144 for Rs. 9630/- dated  26.03.2007 issued by Thanjavur collection agent and  there is no due payable by the complainant.  Nevertheless the complainant had been unnecessarily disturbed  by the second opposite party through telephone daily and  demanding  unlawfully the same amount.  The 2^nd opposite party’s act is highly illegal and  tantamount to  deficiency of service and unfair trade practice.  The 2^nd opposite party also sent a letter to the complainant to pay the sum of Rs. 14,094/- for which the complainant  sent  detailed reply on 19.09.2009.  Even  after the  detailed reply the second opposite party sent several letters to the complainant  asking to pay  a sum of Rs. 26,102.29.  In fact  the complainant is  not liable to pay  any amount to the opposite parties as alleged by them and their demand is  illegal and tantamounts  to unfair  trade practice.  The complainant therefore prays for an order to direct the opposite parties to pay a sum of Rs.1,00,000/- to the complainant towards  damages within the  time as stipulated  by this Hon’ble Forum, to pay the cost of the complaint and to grant  such other relief  as this Forum would deem fit.

3) On the receipt of the notice on this complaint the second opposite party failed to appear before this Forum, hence the second opposite party was  set exparte and the first opposite party  though represented by an advocate Mr.S.Chandrasekaran subsequently had been  set exparte  for not  filing his written version.

4)   The complainant  has filed his proof affidavit  reiterating  all the averments made in his complaint and filed  9 documents  which are marked as Ex.A.1 to  Ex.A.9.  Written arguments have also been submitted  by  the  complainant..

5)   The points for Determination are:

                     1) Whether there is  any deficiency of service on the part of the opposite parties?

                     2) Whether the complainant is entitled to any relief? If so to what relief?

6) POINT NO.1:  The complainant has filed Ex.A.1 the receipt given by Thanjavur collection agent  for the payment of Rs.1200/- to the complainant. Ex.A.2 is the another receipt dated 26.03.2007 issued by the Thanjavur collection agent for the  payment  of Rs.9630/- made by the complainant.  Ex.A.3 is the letter dated 19.09.2009  sent by the complainant  informing the first opposite party  about the particulars of payment made through the Thanjavur collection agent and specifically stating that no due is payable from him. Ex.A.4  is the postal receipt.  Ex.A.5 is the legal notice  dated 12.07.2011 sent by the complainant to the first opposite party.  Ex.A.6 is the letter sent by the second opposite party to the complainant.  Ex.A.7 is the earlier letter dated 19.03.2011 sent  to the complainant  informing him of the outstanding of  Rs.26,102.29 in his account payable by you.  Ex.A.8 is the monthly statement relating to the account of the complainant in which the amount due is shown as 23,902.56 and Ex.A. 9 is the letter dated 09.10.2009 sent by the  second opposite party  calling upon the complainant to pay the outstanding  balance of Rs. 12,402.75.

7) The complainant’s contention is that  he obtain credit of  Rs. 10,830/- for his last transaction during January 2007 and that amount was remitted back in two instalments of Rs.1200/- by cheque dated  20.02.2007 and another Rs. 9630/- by cheque  dated 26.03.2007 and no further balance was due from him but in spite of  his intimation in writing  to the first opposite party the latter used to send letters and  reminders as if  more amount is due from him and it is sheer deficiency of service on the part of the opposite parties.  The complainant’s contention  is proved by Ex.A.1 and Ex.A.2 the receipts given by the Thanjavur collection agent who had received  said  two cheques  dated 20.02.2007 and 26.03.2007 for the sum of Rs.  1200/- and Rs.9630/- respectively.  But the second opposite party has continued to  send his demand by his letter  dated 09.10.2009, 19.09.2010, 19.03.2011 which  are Ex. A.9, Ex.A.8 and   Ex.A.7 respectively.  But the perusal of  the Ex.A.6 letter dated 27.08.2011 sent by the second opposite party  to the complainant  reveals  that they were  considering the letter of the complainant  dated 23.07.2011 and his request was under consideration and they would be intimating  him shortly on the status of the same.  There is no evidence on the side of the complainant that even after  27.08.2011 the date of this said letter, the  opposite parties persisted  with their  demand of  amount from the complainant. 

8) The complaint is presented on  06.09.2011 subsequent  to Ex.A.6.  The complainant has alleged in the 4^th paragraph of his complaint  that the second opposite party sent  several letters to the complainant asking  to pay a sum of Rs. 26,102.29 while  he was not liable to pay any amount to the opposite parties as alleged by them.  But  in Ex.A.6  dated 27.08.2011 is the latest letter filed by the complainant. But there is  no demand of any amount from him. On the other hand  it is stated that his request was under consideration  and they would be intimating  him shortly on the status of the same.  While there is no proof of any  persisting  demand of any amount from the opposite parties to the complainant, the complainant need not have filed this complaint as there is no cause of action.  No full fledged  statement of  account is filed by the complainant  to prove that the last transaction was only Rs.10,830/- only and   there was  no further transaction subsequent  to January 2007.  In such circumstances  from the letters  of the opposite parties namely Ex.A.7,Ex.A.8 and Ex.A.9  alone  it  could not be construed that those demands was improper. However, the fact remains  that there had been  no demand after  27.08.2011  the date of Ex.A.6 which  is a  reply to the letter dated 23.07.2011 sent by the complainant.  The  contents of the said letter dated 23.07.2011 said to have  been sent by the complainant to the opposite party is not known to this Forum as that letter is not  filed by the complainant.  Therefore since there is no demand by the opposite parties to the complainant  subsequent to 19.03.2011 the complainant  cannot be   said to have  a cause of action for filing this complaint.  Therefore  the alleged deficiency of service is not proved as  full particulars of the correspondence  between the complainant  and the opposite parties as well as the statement of account relating to the credit card of the complainant is not  placed before this Forum.

9) POINT NO.2: In the result, the complaint is dismissed and the complainant is at liberty to file fresh complaint in case there is further demand by the opposite parties on the complainant’ssaid credit card No. 4317575036264852

This order was dictated by me to the Assistant, transcribed by her and corrected and pronounced by me on this 02^nd day of July 2015.

MEMBER -I                                                                                                 PRESIDENT

List of documents on the side of the complainant:-

List of documents on the side of the   Opposite parties :    NIL

MEMBER -I                                                                                         PRESIDENT