ABN Amro Credit Card

**Sidhant** · 09-12-2009, 09:27 AM

R.Muthusamy, S/o.K.Ramasamy,

15/22, C-3, J.K.Nagar, Perianaickenpalayam,

SRKV Post, Coimbatore 641 020. --- Complainant

Vs.

1. The Manager, (Card Service),

ABN Amro bank N.V., P.O.Box No.418,

GPO, New Delhi 110 001.

2. The Manager, (Card Service),

ABN Amro bank N.V, No.16, G.G.Towers,

Kumaran Road, Tirupur 641 601. --- Opposite Parties

This case coming on for final hearing before us today in the presence of M/s.R.Saravanakumar and Dhanraj, Advocates for complainant and opposite parties 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 withdraw all their statement of accounts subsequent to 17.1.08 pertaining credit card bearing No.5425051701296807, to pay a sum of Rs.1 lakh as compensation for mental agony and to pay cost of the proceedings.

The case of the complaint are as follows:

1. The Complainant was provided credit card bearing No. 5425051701296807 and he is using the card since the year 2006. On 2.1.08 he purchased the goods sum of Rs.46,305 through the above said credit card. He received the statement period from 18.12.07 to 17.1.08 statement dated 17.1.08 and there was an outstanding of Rs.46,305/- as per the opposite parties statement of account for the month of January 2008 dated 17.1.08 and due date for the said payment in on or before 6.2.08. The complainant paid the entire outstanding amount by way of a cheque bearing No.344612 dated 2.2.08 for Rs.46,305 ie. well before the payable date and discharged the entire amount outstanding.

Therefore the complainant was not liable to pay any amount as on that date. Thereafter the complainant has not used the above said credit card. But the opposite parties had demanded a sum of Rs.3941 in the statement dated 17.3.08 towards Easy Cash 08046010166 EMI 02 of 21, late fee , finance charge-retail, service tax educational chess on amount. After payment of entire total outstanding amount dues there is no question of their complainant paying the above said charges. The opposite parties have not stated in their statement that how the said EMI sum of Rs.1549, late fee sum of Rs.350, finance charge sum of Rs.11.31, service tax and education chess amount arrived in the complainant account. The complainant had contacted the opposite parties on several occasions through phone requesting their customer care centre to clarify the above transaction but the opposite parties have not responded and did not take care of the complainant requisition but on the other hand again and again sending statements complainant has not requested or demanded any loan from the opposite parties in the above said credit card account. The opposite parties assured to the complainant that the matter will be referred to the concerned department for necessary action but so far no action has been taken. Therefore the complainant has terminated the above said credit card as per the opposite parties terms and conditions.

2. But to the surprise to the shock the complainant received another statement of account dt.17.8.08 reflecting an outstanding of Rs.14,016.78 and demanded payment immediately. It is not known as to how this much sum of money had become due when the complainant had settled the entire outstanding as reflected in the statement of account dt.17.1.08. The opposite parties act is highly illegal and improper. All these improper conducts have caused the complainant to suffer mentally and physically which cannot be adequately compensated in terms of money. Hence this complaint.

The point for consideration is

1. Whether the opposite party has committed deficiency in service? If so to what relief the complainant is entitled to?

ISSUE 1:

3. The case of the complainant is that even after settling the entire outstanding amount of Rs.46,305 on 6.2.08 as per the opposite parties statement of account for the month of January 2008 the opposite parties had further caused grave mental agony by sending alleged statement of accounts with the credit card of the complainant without any reasons for the past few months.

4. As per Ex.A1 and A2 are the account summary issued by the opposite party. As per Ex.A1 the new debit is Rs.46305. As per Ex.A2 the new debit as on 17.3.08 is Rs.361.31. As per A6 the complainant has paid Rs.46305 in favour of opposite party. As stated by the complainant the entire loan amount was paid on 6.2.08 which was credited on 11.2.2008 in favour of opposite parties. So as on that date no amount is outstanding. Even after receiving legal notice the opposite parties have not taken any action. The complainant has proved his case by way of Proof Affidavit as well as documents. The opposite parties have caused mental agony to the complainant. Hence the complainant is entitled to get necessary relief and due compensation.

5. In the result, we direct the opposite parties to withdraw all their statement of accounts subsequent to 17.1.08 pertaining credit card bearing No.5425051701296807, to direct the opposite parties to pay a sum of Rs.20,000 as compensation to the complainant for the mental agony due to deficiency of service and to pay cost of Rs.1000 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.

**Sidhant** · 09-12-2009, 09:37 PM

Kanwal Khurana, aged 41 years, 126, Green Park, Civil Lines, Ludhiana.

Versus

1- ABN Amro Bank, B-148, Sector-10, Noida, through its Manager, Customer Service.

2- Captain Solutions, B-XXVI/201, above Amar Sweets, Kochar Market, Ludhiana through its Manager/Prop.

1- Complainant had current account no.0342320002794 as well as credit card AAB no.5425051308634574 from the opposite party. On account of use of the credit card, a sum of Rs.22412/- payable to opposite party, was paid by the complainant vide demand draft dated 30.5.2006, drawn on HDFC Bank, payable at New Delhi. The payment for use of the credit card was for the period 13th April, 2006 to 12th May, 2006. The amount was credited to the account of the opposite party on 16.6.2006. But despite it, they continued to charge the complainant late payment charges and interest regularly in his statement relating to the transaction. In order to get the matter settled peacefully, opposite party was approached and registered complaint made on 28.11.2006 for the reference no.06091201751 issued by the opposite party. Despite it, no corrective measures were adopted by the opposite party.

Hence, on 28.3.007, wrote to the opposite party and sent certificate dated 31.3.2007 of HDFC bank qua payment of DD and were requested to clear the matter. Complainant got Kuala Lumpur tour arranged through Travel Point and made payment to them in cash. While checking out at hotel at Kuala Lumpur, came to know that no payment was received by the hotel from Travel Point. Hence, was made to pay Rs.28304.70 through the credit card to the hotel. On coming back to India, contacted officials of Travel Point agency, came to know that payment which he made at Kuala Lumpur through credit card, has been refunded and in turn, asked complainant to contact the authorities of the opposite party bank. On contacting opposite party bank, was surprised to know that instead refunding Rs.28304.70, opposite party adjusted it against the penalty which was not payable at all.

As he had already made payment for use of the card, by paying Rs.22412/- through draft. Hence, penalty was wrongly and illegally charged with fraudulent intention. Qua this act of opposite party, two legal notices dated 20.8.2007 and 12.12.2007 were sent to the opposite party, to stop claiming penalty and to reimburse Rs.28304.70 alongwith service tax, but they failed to act. Subsequently, received call from Mrs. Shikha Madan of the bank of opposite party from Delhi, asking complainant to deposit Rs.2600/-, to settle the matter and that amount claimed by complainant, would be refunded. He deposited Rs.2600/- vide receipt dated 12.11.2007. Despite it, opposite party failed to act. Claiming such act of opposite party amounting to deficiency in service, instituted the present complaint u/s 12 of the Consumer Protection Act, 1986, sought reimbursement of Rs.28304.70 and Rs.2600/- and to stop charging penalty and pay him compensation of Rs.1 lac for harassment.

2- Opposite party no.1 after being served, appeared through counsel and despite taking various adjournments, to file written statement, failed to do so. Therefore, their defence was struck off vide order dated 22.4.2009. Opposite party no.2 did not contest the complaint and as such, is being proceeded exparte.

3- To prove his allegations, complainant adduced evidence by way of affidavit and documents. We have heard ld. counsel for parties and have gone through the entire record.

4- Qua paying Rs.22412/- to opposite party, complainant has placed on record, receipt Ex.A1 dated 30.8.2006 and certificate Ex.A2 dated 21.3.2007 of HDFC bank to the effect that demand draft of Rs.22412/- issued on 30.5.2006 in favour of AAB card of the complainant, was paid through clearing on 16.6.2006. Qua it, he sent communication Ex.A5 dated 22.12.2006 to opposite party, intimating sending draft of Rs.22412/- qua his credit card and that despite it, he is receiving late payment charges and interest regularly in his bills. Qua it, had registered his complaint with opposite party on 28.11.2006. He reiterated the same vide letter Ex.A6 dated 28th March, 2007 and then when failed to obtain any reply of the opposite party, served legal notice Ex.A10 dated 25.8.2007 and another notice Ex.A11 dated 12.12.2007.

5- In these circumstances, complainant is able to establish that he had made payment of use of the credit card, by paying Rs.22412/- to the opposite party. But despite it, they had been claiming late payment charges and interest regularly from him. Such act on their part consequently, would amount to deficiency in service.

6- The next grievance of the complainant is that while checking out from hotel in Kuala Lumpur, made payment of Rs.28304.70 through his credit card, which was subsequently, refunded and when contacted the opposite party bank, came to know that Rs.28304.70 have been adjusted by opposite party against penalty which he was not liable to pay at all. Because he had already made payment of Rs.22412/-. Regarding this allegations, he has filed his own affidavit Ex.CW1/A. But no document placed to show that Rs.28304.70 was adjusted by opposite party on account of penalty and interest due to non payment of Rs.22412/-. The only document in this behalf is bill Ex.A8 dated 1.2.2007, showing crediting amount of Rs.28304.70 against credit card of the complainant. Also, he has placed on record, receipt Ex.A9 of Rs.2600/-. But there appears no connection qua that receipt and the point in controversy of paying Rs.22412/-.

7- Complainant, consequently, is able through this evidence to establish that though he had paid Rs.22412/- vide bank draft and encashed by opposite party and despite it, they had been claiming penalty and interest on that amount from the complainant, which would be resorting to unfair trade practice.

8- As a result of aforesaid discussions, we allow this complaint, directing opposite party to delete and quash all charges of penalty or late payment interest qua the amount of Rs.22412/- regarding his credit card, which he had deposited on 30.5.2006 and paid to the opposite party on 16.6.2006. For causing such harassment to the complainant, opposite party burdened with compensation of Rs.4000/- and litigation costs of Rs.2000/-. Rest of the relief claimed is declined. Order be complied within 45 days of receipt of copy of order

ABN Amro Credit Card

LinkBack

Thread Tools

Search Thread

Rate This Thread

Display

ABN Amro Credit Card

ABN Amro

Similar Threads

Abm Amro Credit Card

Abn Amro credit card

ABN AMRO credit card

ABN AMRO Credit Card

ABN Amro credit card

Tags for this Thread

Posting Permissions