The complainant Padam Kumar (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in after referred to as 'Act') before this Forum (Now Commission) against HDFC Bank and another (here-in-after referred to as opposite parties).
Briefly stated the case of the complainant is that he is senior citizen and holding bank saving account No.50100231213369 with the opposite parties and he used the credit card and later on he surrendered the same with the opposite in the month of March 2018 and also written application to bank.
Complainant further stated that the opposite parties had mentioned in their record the request of closure and surrender of card and during this period as per agreement bank cleared the dues of complainant and then complainant never used the credit card after the closing and accounts are still going on with bank. The bank employee also ensured that card of complainant is closed.
The Complainant further stated that he got surprised on receipt of notice from the office of advocate Sh. Susil Mehta and on this complainant informed to the bank and also sent written reply to the Bank. OP.2 the Branch Manager at the kikkar bazar assured complainant that notice had been sent wrongly to you.
Complainant further stated that he recieved SMS on his mobile phone on dated 31-05-2019 regarding debiting of Rs.5,731.92/- from his saving account. About the above said debit of Rs.5,731.92/- from the account of complainant, he immidiately complain to the opposite party but nobody takes heed at all.
The complainant alleged that opposite parties failed to provide services and non credit of amount of Rs.5731.92/- in the account of complainant by the opposite party no.1 in time has caused mental agony, pains and sufferings to the complainant for which he is entitled to compensation
On this backdrop of facts, the complainant has prayed for acceptance of complaint, to hold the opposite party liable to credit the amount of Rs.5,731.92/- along with interest @ 18% per annum from 31-05-2019 till the date of credit as well as for the damages for mental agony, pains and suffering to the tune of Rs.50,000/-, Rs.5000/- as cost of complaint and to award any other additional or alteranative relief for which complainant is entitled to.
Name of OP no.2 was deleted from the array of opposite parties on the statement of counsel for complainant.
Registered A.D. Notice of complaint was sent to the opposite party who appeared through counsel and contested the complaint raising legal objections that the intricate questions of law and facts are involved which require voluminous documents and evidence for determination which is not possible in summary procedure. That the complainant has concealed material facts and documents from his Hon'ble Forum as well as the opposite party, therefore, the complainant is not entitled to any relief. The complainant has concealed the fact that complainant has regularly used the credit card issued by the opposite party but remained irregular in making payments against dues of above card. The opposite party sent credit card statements to the complainant every month. The statements of credit card of complaint are Ex.OP1/1 (colly). The opposite party sent various reminder letters and reminders by way of telephone calls at number given in the credit card application to the complainant to clear the dues against the captioned credit card. The opposite party had then send notice dated 16/05/2019, about the suspended status of captioned credit card owing to irregular payments after sending of various reminders by the way of letters and telephone calls upon the complainant to clear the due amount of rs.5,731.92/- as on 16/05/2019 and placed a hold on account of complainant with the HDFC Bank for Rs.5,400/- Notice dated 16/05/2019 is Ex. OP1/2. The opposite party has charged the amount as per rules which were within the knowledge of the complainant from the very beggining and the complainant cannot raise any objection at this stage.
Opposite party further took preliminary objection that complainant is estopped from filing the present complaint. That complainant is not consumer of opposite parties. That complainant has no locus standi or cause of action to file the present complaint and complaint is not maintable in the present form.
On merits, opposite parties pleaded that complainant has not written any application about surrender of credit card or requested any closure in record of opposite party in the month of March 2018. Opposite parties further pleaded that it is wrong to suggest that complainant never used card after alleged closing of card rather the complainant was using the credit card without any closing and without giving dues on regular basis. Opposites parties futher pleaded that charges and interest was charged as per term and conditions as agreed. Opposite party also send notice dated 16-05-2019 regarding hold on funds in the HDFC Bank account of complainant and debiting of amount due by 31-05-2109. After controverting all other averments of the complainant, the opposite party prayed for dismissal of complaint.
In support of his complaint, the complainant has tendered into evidence his affidavit (Ex. C-4) and the documents (Ex. C-1 to Ex. C-3).
In order to rebut the evidence of complainant, opposite parties tendered into evidence affidavit of Harpreet Nath (Ex. OP-1/7) and the documents (Ex. OP-1/1 to Ex. OP-1/6).
The learned counsel for the parties reiterated their stand as taken in their respective pleadings.
It is case of the complainant that he was using credit card issued by OP-1 and in the month of March, 2018 he surrendered the same with opposite party and also written application to bank (OP-1) and thereafter he never used the credit card though his account was still going on with the bank. But the complainant could not prove that he has surrendered the said credit card in the month of March, 2018 or he moved any application to the bank in this regard as stated. On the other hand opposite party brought on file Ex.OP-1/1 i.e. credit card statement and presusal of this document reveals that complainant used the said credit card even after month of March, 2018 . Opposite parties has also brought on file most important terms and conditions (Ex.OP-1/5) to prove that charges were levied as per rules. Opposite parties has also brought on file notice dated 16-05-2019 (OP-1/2) whereby opposites parties called upon complainant to remit the sum outstanding into his credit card account.
For the reasons recorded above, this commission comes to the conclusion that complainant has failed to prove that he surrendered his credit card in the month of March, 2018 and written any application to OP Bank to this effect, rather it is amply clear from statement of credit card of complainant that he used his credit card even thereafter. So Complainant was liable to pay the amount for usage of his card. This Commission does not find any deficiency in service on the part of opposite parties as alleged by complainant. In this way complaint of the complainant deserves dismissal and is here by dismissed. However complainant would have liberty to agitate his claim qua rendition of account if any in appropriate court if law permits.
The complaint could not be decided within the statutory period due to covid pandemic and heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record.
Announced :
27-05-2022
(Kanwar Sandeep Singh)
President
(Shivdev Singh)
Member
(Paramjeet Kaur)
Member
