S. Sakthi Ganapathy

91, Uppara Street,

Coimbatore – 641 001. --- Complainant

Vs.

The Manager,

Barclays Bank PLC

801/808, Ceejay House,

Shivsagar Estate,

Dr.A.Beasant Road,

Worli, Mumbai – 400 018. -- Opposite Party



This case coming on for final hearing before us on 6.10.09 in the presence of Mr. S. Shanmugam, Advocate for complainant and the opposite party remained absent and set exparte and upon perusing the case records and hearing the arguments and the case having stood over to this day for consideration, this Forum passed the following:

ORDER

Complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the opposite parties to reverse and remove the bizarre entries stated as Late payment fee and Debit interest along with the service tax charged for those entries along with further entries resulting out of the above entries, to pay a sum of Rs.1,00,000/- to the complainant towards compensation for mental agony and sufferings, and to pay towards cost of the proceedings.

The averments in the complaint are as follows:

1. The complainant has availed the Credit Card Services of the Opposite Party vide cad No. 4339 4806 6065 5919 from January 2008 and has been regularly paying the outstanding balances in the card account as and when arisen. In the opposite party’s statement dated 12.09.08, there is a total outstanding of Rs.14,916/64 for which the pay by date is 2.10.08. Towards the above dues the complainant has made an online payment of Rs.31/- on 22.09.08 and a further payment of Rs.14,900/- was made vide cheque No. 572877 on 28.09.08. The complainant received an SMS from the opposite party on 7.10.08 time 8.53.37 stating that they have not received the minimum payment due which was followed by the opposite party’s SMS on the same day stating that they have received the payment of Rs.14,900/-.

2. The complainant received a mail from the opposite party on 11.10.08 stating that he has not paid the monthly payment due, but in the opposite party’s statement dated 11.10.08 the payment of Rs.14,900/- made by the complainant is reflected. The complainant has sent a clear reply mail on 13.10.08 to the opposite party stating all the particulars, but there was no reply of any sort to the mail from the opposite party. Further in the opposite party’s statement dated 11.10.08 the opposite party has put up mysterious entries as “Late payment fee”, “Debit Interest” and charged service tax for those entries even after making payment in excess of the total amount due well within the due date. The complainant has sent a legal notice dated 17.12.08 demanding remedies for the above stated deficiencies, which was received and acknowledged by the opposite party.

3. The opposite party has given a vague reply that they are reversing the charges on service gesture as if there is no fault on the side of the opposite party towards the defective services. In the statement dated 12.01.09 the opposite party has put up entries for reversal and they have also inserted new entries again stating as debit interest and late payment charges which is justified only to best known reasons only known to the opposite party. Hence this complaint.

4. The complainant has filed Proof Affidavit along with documents Ex.A1 to A10 was marked and the opposite party fails to appear before this Forum even after the statutory period and called absent and set exparte.



The point for consideration is

Whether the opposite party has committed deficiency in service?

If so to what relief the complainant is entitled to?

ISSUE-1:-

5. The case of the Complainant is that he has availed credit card facilities from the opposite party from January 2008 and regularly paying the outstanding balance in the credit card account as and when arisen, but the opposite party even after receiving the payments sending SMS on the same day stating that they have not received the minimum payment dues. Moreover the opposite party has put up mysterious entries as "Late payment fee", Debit interest" and charged service tax for those entries even after making payment in excess of the total amount due well within the due date.

6. The complainant has filed Proof Affidavit and marked Ex.A1 to A10. In the Affidavit he has given Table No.1 and 2 regarding the calculation of amounts charged by opposite party and calculation of amounts reversed by the opposite party. As per this

The amount charged (Table No.1) Rs.3594.80

Amount reversed (Table II) Rs.2824.28.

7. Hence the opposite party has collected excess amount of Rs.770.52. Ex.A8 is the legal notice. The opposite party has given a vague reply stating that they are reversing the charges on service gesture as if there is no fault on their side. The documents filed by the complainant shows that his claim is very genuine. Hence we are of the view that the opposite party has committed deficiency in service and the complainant is entitled to get necessary relief.

7. In the result, we direct the opposite parties to reverse and remove the entries stated as “Late Payment Fee” and “Debit Interest” along with the “Service Tax” charged for those entries along with further entries resulting out of the above entries, to pay to the complainant a sum of Rs.20,000 by way compensation towards mental agony and sufferings and to pay Rs.1000 towards cost to the complainant within one month from the date of this order failing which the complainant is at liberty to execute this order u/s.25 and 27 of the Consumer Protection Act, 1986.