TO WHOMSOEVER IT MAY CONCERN
And below mentioned bank’s I Mr.PRANMITRA Herewith Declare Myself INSOLVENT PERSON in other words I am Bankrupt. Due to following reasons.: Unable to meet or discharge financial obligations due to insufficient assets to cover debts In short period June 08 to Feb 09 I have been forged into debt by below mentioned bank’s Hence I am challenging my case in the consumer court. I hardly earn around 10,000/- to 14,000/- per month out of which my company pay’s for my personal loan through salary Deduction for Rs.4655/- one more loan to city bank deduction of Rs.2655.City bank . Above two loan is before mishap short period June 08 to feb 09 Even though I am defaulter as per statement’s issued to me by below mentioned banks (and my refered card against it.) I do not agree to the statement’s issued against below mentioned banks. Hence I asking for legal intervention or thru local police.just the they indulge me into verbal arguments. All dealing will be thru legal written communication no verbal discussion under any circumstances. I will inform the local police if I am still force into any payment’s or discussion regarding the payment. I informing all I will not make single payment against any bill produced by the below mentioned banks. I do not own any property. First and foremost my commitment to be with Truth and to evolve in truth. Reporting my dispute of false banking statements. TO Credit Information Bureau of India Ltd and copy to : Offie of the banking ombudsman ,C/o Reserve Bank of India, Garment House, Ground Floor, Dr. Annie Besant Road, Worli, Mumbai- 400 018.Tel: 022 2924607 / 022 – 24960912 tel: 24969893 SINCE THE REASON I have not applied any of below refered credit cards. ALL STATEMENT IS FALSE AND MANUPLATED.with the basis of forged papers. From Top management leval forgery racket to which lower staff is made to believe that statement once generated is tru
DamageOccured all the agents are made believe the case is true
Required Relief i want my case in the court of law

help me barclays bank ....

my name is Jagjeet singh .....
i am in big problems ...... pls help me
i have no money because i m in mentlie disturb
last 3 month i m in bed rest i m not well
pls give me 4 month .... i pay personal loans balance

thanks

Jagjeet Singh
+91 9958031368

S. Manikandan

237, T.V, Samy Road,

R.S. Puram, Coimbatore – 641 002. --- Complainant

Vs.

1. The Manager,

Barclays Bank PLC

801/808, Ceejay House,

Shivsagar Estate,

Dr. A. Beasant Road,

Worli, Mumbai – 400 018.

2. The Manager,

Excellent Credit Services

162/163, Rasi Building

Ponaiayah Rajapuram

Coimbatore – 641 001. -- Opposite Parties



This case coming on for final hearing before us on .25.9.09 in the presence of Mr. S. Shanmugam, Advocate for complainant and the 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 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 opposite party’s Credit Card Services vide Card No. 4339 5190 5934 2462 from June 2008 and has been regularly paying the outstanding balances in the card account as and when arisen. The 2nd Opposite party is the authorized collection agency of 1st opposite party. The complainant on 8.09.08 has made payment to a tune of Rs.31,000/- through 2nd opposite party, acknowledged by divided receipts with Receipt No. C86937 and C86938 for Rs. 15,000/- each and Receipt No.C86939 for Rs.1000/- on receiving the next statement dated 8.10.08 for the period from 8.9.08 he was shocked and confused as out of the payment of Rs.31,000/- an amount of Rs.15,000/- was missing and hidden and there were entries only for one of the two receipts of Rs.15,000/- and one receipt of Rs.1,000/- that too at a later date. There was no proper reply regarding the missing payment of Rs.15,000/-.

2. In the 1st opposite party dated 8.10.08, the 1st opposite party has put up mysterious entries as “Late payment fee”, “Debit Interest” and charged service tax for those entries, which could arise only due to the camouflage of the payment made to 1st opposite party through 2nd opposite party acting as 1st opposite party’s collection agent. The complainant sent a legal notice dated 17.12.08 demanding remedies for the above stated deficiencies, which was received and acknowledged by the 1st opposite party and the notice sent to the 2nd opposite party was returned with the endorsement “Left”. The 1st opposite party has given a vague reply that they are reversing the charge on service gesture as if there is no fault on the side of the opposite party towards the defective services. Hence this complaint.

3. The complainant and opposite parties have filed Proof Affidavit along with documents Ex.A1 to A11 was marked and the opposite parties remained absent and set exparte.

The point for consideration is

Whether the opposite parties have committed deficiency in service? If so to what relief the complainant is entitled to?

ISSUE 1

4. The case of the Complainant is that he has availed credit card facilities from the opposite party and on 8.9.08 has made payment to a tune of Rs.31,000 but the opposite party has only made entries for Rs.15000 and Rs.1000 and an amount of Rs.15,000 was missing. Further the opposite party has unnecessarily collected late payment fee, debit interest and service tax without any reason.

5. The complainant has filed Proof Affidavit and marked Ex.A1 to A13 and has given Table No.1 and 2 with detailed calculation. Ex.A1 is the receipt for payment of Rs.31,000 and Ex.A2, A3 and A4 are the 3 receipts given by the opposite parties. Ex.A5 is the statement dt.8.10.08 for the period 8.9.08 to 8.10.08. The opposite parties has given credit for Rs.15,000 and Rs.1000 only and as per Ex.A5, A6 and A7 the opposite party has collected late payment fees, debit interest and service tax.


Ex.A8 is the legal notice dt.17.12.08 and Ex.A9 is the returned cover of 2nd opposite party. 1st opposite party has given a reply on 3.1.09 which is marked as Ex.A10. As per this letter the opposite party has reversed the finance charges of Rs.4580.30p. But even after this reversal the statement dt.8.1.09 which is marked as Ex.A11 the opposite party put up entries for reversal and they have also inserted new entries again stating as debit interest and late payment charges. So the opposite parties are continuing their irregular entries for which the complainant has marked Ex.A12. The documents produced by the complainant shows that his claim is genuine and we are of the view that the opposite parties have committed deficiency in service and the complainant is entitled to get necessary relief.



6. 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.25,000 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.

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.

Pronounced by us in Open Forum on this the 7th day of October 2009.

Dilip Kumar Kulkarni,

S/o. Digamber Rao Kulkarni,

age 49 years, Occ: Business,

H. No 15-9-129/11, Near Ganesh Temple,

Gowliguda Chaman, Hyderabad Complainant





And



M/s Barclays Bank PLC.,

rep by its Managing Director/Authorised Signatory,

1st Floor, Erus Corporate Tower,

Nehru Place, New Delhi Opposite Party







This case coming on this day for final hearing before this Forum in the presence of Mr Y V Narasimhacharyulu, Counsel for Complainant and Sri N. Harinath Reddy, advocate, for the Opposite Party and having stood over till this date for consideration, this Forum pronounced the following:-



O R D E R








1. This is a consumer complaint filed under Sec. 12 of Consumer Protection Act, 1986 seeking a direction to the Opposite Party to provide a detailed account statement and stop depositing the postdated cheques for the period of 4 months, to pay compensation of Rs. 10,000/- and costs of Rs. 5,000/-



2. The complainant’s case in brief is that the OP had released a personal loan of Rs. 2,04,960/- without his consent on 05.07.2008 to be repaid in 36 EMIs @ Rs. 7,513/- and obtained 36 post dated cheques on his S B account of ICICI bank. The complainant had paid 5 EMIs. As the OP was levying unnecessary charges like cheque bounce charges and other overdue charges, the complainant approached the OP for clarification and account statements, but without any result.


Further vide letter, dt. 01.12.2008, he informed the OP that due to financial crisis, he was unable to pay the future instalments. But the OP went on levying cheque bounce and other overdue charges, but did not provide account statements. Because of the unfair trade practice of the OP, the complainant was facing lot of inconvenience, hardship and mental agony.



3. The OP in the counter contended that the complainant had submitted a duly filled in application for loan. He paid 5 EMIs and the cheques for EMIs of December, 2008 and January 2009 had bounced. While denying the other charges, the OP submitted that as on 16.01.2009, a sum of Rs. 1,82,934/- principal amount was due and payable by the complainant.



4. The points that arise for consideration are:



1. Whether the complainant is justified in demanding the OP not to encash the post dated cheques (for 4 months) issued towards EMIs of the personal loan?



2. Whether the OP has resorted to unfair trade practice?
3. To what relief?





5. The Complainants filed evidence affidavit, written arguments and relied on exhibit A 1. The Opposite Party filed counter affidavit. The parties advanced oral arguments.



6. Points No I & ii: It is an admitted fact that the complainant had availed a loan of Rs. 2,04,960/- from the Opposite Party to be repaid in 36 EMIs of Rs. 7,513/- and paid only 5 EMIs. While the complainant contended that the loan was sanctioned without his consent, the OP countered that the loan was granted as per his application. Exhibit A1 is the letter, dt. 01.12.2008 from the complainant requesting the OP not to encash the post dated cheques until further intimation, as he was not holding sufficient amount in his bank account, due to financial crisis. The banks levy penalties, cheque bounce charges and late payment charges for non-payment of EMI on the due date as per agreement.


The complainant could not prove that the OP failed to furnish the account statements even on demand. Further when he could not pay the EMIs as per agreement, he could have approached the bank for rescheduling of the loan if it was acceptable to the bank. But it is not a ground for filing a complaint before the Consumer Forum. This is a frivolous case.



7. Point No iii: In the result, the complaint is dismissed. The complainant is directed to pay Rs. 2,000/- (Two thousand rupees only) towards costs to the Opposite Party.

Dilip Kumar Kulkarni,

S/o. Digamber Rao Kulkarni,

age 49 years, Occ: Business,

H. No 15-9-129/11, Near Ganesh Temple,

Gowliguda Chaman, Hyderabad Complainant





And



M/s Barclays Bank PLC.,

rep by its Managing Director/Authorised Signatory,

1st Floor, Erus Corporate Tower,

Nehru Place, New Delhi Opposite Party







O R D E R










1. This is a consumer complaint filed under Sec. 12 of Consumer Protection Act, 1986 seeking a direction to the Opposite Party to provide a detailed account statement and stop depositing the postdated cheques for the period of 4 months, to pay compensation of Rs. 10,000/- and costs of Rs. 5,000/-



2. The complainant’s case in brief is that the OP had released a personal loan of Rs. 2,04,960/- without his consent on 05.07.2008 to be repaid in 36 EMIs @ Rs. 7,513/- and obtained 36 post dated cheques on his S B account of ICICI bank. The complainant had paid 5 EMIs. As the OP was levying unnecessary charges like cheque bounce charges and other overdue charges, the complainant approached the OP for clarification and account statements, but without any result.


Further vide letter, dt. 01.12.2008, he informed the OP that due to financial crisis, he was unable to pay the future instalments. But the OP went on levying cheque bounce and other overdue charges, but did not provide account statements. Because of the unfair trade practice of the OP, the complainant was facing lot of inconvenience, hardship and mental agony.



3. The OP in the counter contended that the complainant had submitted a duly filled in application for loan. He paid 5 EMIs and the cheques for EMIs of December, 2008 and January 2009 had bounced. While denying the other charges, the OP submitted that as on 16.01.2009, a sum of Rs. 1,82,934/- principal amount was due and payable by the complainant.



4. The points that arise for consideration are:



1. Whether the complainant is justified in demanding the OP not to encash the post dated cheques (for 4 months) issued towards EMIs of the personal loan?



2. Whether the OP has resorted to unfair trade practice?
3. To what relief?





5. The Complainants filed evidence affidavit, written arguments and relied on exhibit A 1. The Opposite Party filed counter affidavit. The parties advanced oral arguments.



6. Points No I & ii: It is an admitted fact that the complainant had availed a loan of Rs. 2,04,960/- from the Opposite Party to be repaid in 36 EMIs of Rs. 7,513/- and paid only 5 EMIs. While the complainant contended that the loan was sanctioned without his consent, the OP countered that the loan was granted as per his application. Exhibit A1 is the letter, dt. 01.12.2008 from the complainant requesting the OP not to encash the post dated cheques until further intimation, as he was not holding sufficient amount in his bank account, due to financial crisis.


The banks levy penalties, cheque bounce charges and late payment charges for non-payment of EMI on the due date as per agreement. The complainant could not prove that the OP failed to furnish the account statements even on demand. Further when he could not pay the EMIs as per agreement, he could have approached the bank for rescheduling of the loan if it was acceptable to the bank. But it is not a ground for filing a complaint before the Consumer Forum.

I think barclays bank personal loan is rising loan company in India, so that why This kind of situation are coming.

Thanks for this information

S. Manikandan

237, T.V, Samy Road,

R.S. Puram, Coimbatore – 641 002. --- Complainant

Vs.

1. The Manager,

Barclays Bank PLC

801/808, Ceejay House,

Shivsagar Estate,

Dr. A. Beasant Road,

Worli, Mumbai – 400 018.

2. The Manager,

Excellent Credit Services

162/163, Rasi Building

Ponaiayah Rajapuram

Coimbatore – 641 001. -- Opposite Parties




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 opposite party’s Credit Card Services vide Card No. 4339 5190 5934 2462 from June 2008 and has been regularly paying the outstanding balances in the card account as and when arisen. The 2nd Opposite party is the authorized collection agency of 1st opposite party. The complainant on 8.09.08 has made payment to a tune of Rs.31,000/- through 2nd opposite party, acknowledged by divided receipts with Receipt No. C86937 and C86938 for Rs. 15,000/- each and Receipt No.C86939 for Rs.1000/- on receiving the next statement dated 8.10.08 for the period from 8.9.08 he was shocked and confused as out of the payment of Rs.31,000/- an amount of Rs.15,000/- was missing and hidden and there were entries only for one of the two receipts of Rs.15,000/- and one receipt of Rs.1,000/- that too at a later date. There was no proper reply regarding the missing payment of Rs.15,000/-.

2. In the 1st opposite party dated 8.10.08, the 1st opposite party has put up mysterious entries as “Late payment fee”, “Debit Interest” and charged service tax for those entries, which could arise only due to the camouflage of the payment made to 1st opposite party through 2nd opposite party acting as 1st opposite party’s collection agent.


The complainant sent a legal notice dated 17.12.08 demanding remedies for the above stated deficiencies, which was received and acknowledged by the 1st opposite party and the notice sent to the 2nd opposite party was returned with the endorsement “Left”. The 1st opposite party has given a vague reply that they are reversing the charge on service gesture as if there is no fault on the side of the opposite party towards the defective services. Hence this complaint.

3. The complainant and opposite parties have filed Proof Affidavit along with documents Ex.A1 to A11 was marked and the opposite parties remained absent and set exparte.

The point for consideration is

Whether the opposite parties have committed deficiency in service? If so to what relief the complainant is entitled to?

ISSUE 1

4. The case of the Complainant is that he has availed credit card facilities from the opposite party and on 8.9.08 has made payment to a tune of Rs.31,000 but the opposite party has only made entries for Rs.15000 and Rs.1000 and an amount of Rs.15,000 was missing. Further the opposite party has unnecessarily collected late payment fee, debit interest and service tax without any reason.

5. The complainant has filed Proof Affidavit and marked Ex.A1 to A13 and has given Table No.1 and 2 with detailed calculation. Ex.A1 is the receipt for payment of Rs.31,000 and Ex.A2, A3 and A4 are the 3 receipts given by the opposite parties. Ex.A5 is the statement dt.8.10.08 for the period 8.9.08 to 8.10.08. The opposite parties has given credit for Rs.15,000 and Rs.1000 only and as per Ex.A5, A6 and A7 the opposite party has collected late payment fees, debit interest and service tax. Ex.A8 is the legal notice dt.17.12.08 and Ex.A9 is the returned cover of 2nd opposite party. 1st opposite party has given a reply on 3.1.09 which is marked as Ex.A10.


As per this letter the opposite party has reversed the finance charges of Rs.4580.30p. But even after this reversal the statement dt.8.1.09 which is marked as Ex.A11 the opposite party put up entries for reversal and they have also inserted new entries again stating as debit interest and late payment charges. So the opposite parties are continuing their irregular entries for which the complainant has marked Ex.A12. The documents produced by the complainant shows that his claim is genuine and we are of the view that the opposite parties have committed deficiency in service and the complainant is entitled to get necessary relief.



6. 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.25,000 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.