Punjab

Ludhiana

CC/21/515

Jatinder Deep Singh - Complainant(s)

Versus

RBL Bank Ltd - Opp.Party(s)

Inderjit Bansal

17 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No:  515 dated 11.11.2021.                                       Date of decision: 17.12.2024. 

 

Jatinder Deep Singh s/o. Sh. Mohinder Singh, R/o.33 YG, Rishi Nagar, Haibowal Khurd, Ludhiana.                                                                                                                                                             ..…Complainant

                                                Versus

1. RBL Bank Ltd., Corporate Office: One Word Centre, Tower 2-B, 6^th Floor, 841 Senapati Bapat Marg, Lower Parel (W) Mumbai-400013 Through its authorized Officer/Director.
2. RBL Bank Ltd, Admin Office: Maahavir Shree Shahu Market Yard, Kolhapur, Maharashtra-4016005 Through its authorized Officer/Director.
3. The Credit Card Business, RBL Bank Ltd., 3^rd Floor, JMD Megapolis. Sohna Road, Sector 48, Gurugram, Haryana-122018 Through its Auth. Officer/Director.                                                                                                                                                            …..Opposite parties 

Complaint U/s. 35 of the Consumer Protect Act 1986, as amended up to date, for compensation on account of Mental Harassment, Gross Negligence and Deficiency of Service on the part of Opposite Parties.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Inderjit Singh Bakshi, Advocate.

For OPs                          :         None.

 

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Shorn of unnecessary details, the facts of the case are that the complainant got issued credit card bearing No.5256-1188-0442-8910 from the OP bank having credit facility limit up to Rs.90,000/-. The card was issued by the OPs without any kind of  monthly or yearly charges. Even he was told that there would not be any joining fee, membership fee or annual fee. The complainant used the said credit card and paid the bill before the due date and was never made any default in making the credit card payment. The complainant stated that he was  using the credit card limit of Rs.90,000/- since last many years but the OPs without his information reduced the said limit to Rs.10,000/-. Even in June 2020, the complainant was charged annual fee of Rs.2999/- against credit facility of Rs.10,000/- regarding which he take up the matter to customer care mail of the OPs vide Emails dated 16.06.2020 and 20.06.2020 and requested for waiver of said charges. Vide Email dated 23.06.2020, the OPs apologized and refunded the membership charged from the complainant. The complainant further stated that the matter was again taken up by him vide Email dated 19.04.2021 for not charging any annual fee which the OPs responded vide Email dated 20.04.2021 stating that “We would like to inform you that as per our records there is no membership charged on your card account this year, and the last membership fee has been already reversed back to you.”

                   The complainant further stated that on June 2021, he received bill for the period from 13.05.2021 to 12.06.2021 and he came to know that the OPs wrongly charged a membership fee of Rs.2999/- along with Rs.547.90 as GST. The complainant claimed to have suffered mental harassment due to levying of annual fee by the OPs. The complainant withheld the current bill with apprehension that the payment once made will be adjusted towards the membership/annual fee and same will be cleared immediately after the waiver of unnecessary membership/annual fee and other charges. The complainant sent many reminders via Email and telephonic conversation but the OPs failed to settle his genuine claim. Even the complainant sent a legal notice dated 29.07.2021 but to no effect. Hence this complaint, whereby the complainant has prayed for issuing direction to the OPs to waive the unnecessary membership/annual fee of Rs.2999/- along with Rs.547.90 GST along with compensation of Rs.50,000/- etc.

2.                Upon notice, the OPs appeared and filed written statement and under the column of preliminary submissions stated that it is a scheduled commercial bank registered under the provisions of Reserve Bank of India Act, 1934 and is licensed by the Reserve Bank of India to carry on the Banking Services in India and is widely acclaimed for its reputation and service. The OPs stated that at the request of the complainant a credit card ending with XX09 being Platinum Prime Supercard was issued by the OP on 06.04.2017.  According to the OPs, at the time of availing the credit facility of the OPs, the details of the financial charges and interest to be debited were clearly informed to the complainant and a copy of Most Important Terms and Conditions and Credit Card Membership Agreement was given to the complainant and the same is also available at their website ‘www.rblbank.com’. The OPs further stated that thereafter, on 23.05.2019 his Platinum Prime Super was upgraded World Prime Super and the complainant with call of their agent acknowledged all the points and shared his consent for up-gradation of the card. Further the annual fees of the old card of the complainant was reversed to his account on 24.05.2019 and even on 11.06.2019 they gave 20% waiver on upgrade fee of his credit card due to which an amount of Rs.599.80 was reversed. The Ops further stated that they received a letter dated 29.11.2021 from the complainant with request to waive off and close the new upgraded credit card to which they responded that since the complainant has failed to pay the outstanding dues on his credit card within the stipulated time, his upgraded credit card has been suspended and also requested him to clear the outstanding due on his upgraded credit card.

                   However, the OPs assailed the complaint by taking preliminary objections on the grounds of maintainability; the complaint being an abuse of process of law; concealment of material facts; the complainant has not come with clean hands etc.

                   On merits, the OPs reiterated the crux of averments made in preliminary submission as well as preliminary objections. The OPs have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainant also placed on record documents Ex. C1 to Ex. C10 and closed the evidence.

4.                On the other hand, the OPs failed to adduce any evidence despite grant of sufficient opportunities including last and final chance and imposition of costs of Rs.500/-. As such, evidence of the OPs was closed vide order dated 08.11.2023.

5.                None turned up for the OPs today also. We have heard the arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents as well as written statement produced on record by both parties. We proceed to decide the case on merits.        

6.                On 06.04.2017, the complainant was issued a credit card being Platinum Prime Supercard. Thereafter, on 23.05.2019, the said card was upgraded to World Prime Supercard by the OPs. The complainant in his complaint has referred to the holding of a credit card but did not divulge the date of its issuance or factum of up-gradation in the complaint. It amounts to concealment of material facts. Earlier the complainant was aggrieved of levying membership charges by the OPs amounting to Rs.2999/- along with GST of Rs.539.82 vide bill Ex. C1. However, upon persistent representations, the said membership fee was reversed as a goodwill gesture to the complainant. Further vide bill Ex. C6, identical amount for membership fee was demanded on 12.06.2021. The complainant issued a legal notice dated 26.07.2021 Ex. C7 and also filed the present complaint calling this demand of membership fees as arbitrary and illegal. Perusal of the bill ex. C6 shows that there is a column in the bill under head “Know about charges on Credit Card”, relevant part of which is reproduced as under:-

Annual/Membership Fee

Upto Rs.5000/-per annum (This will be applicable as per Card type and communicated at the time of applying and once charged, will reflect on the statement)

Similarly, earlier also, the schedule of charges and interest rate was provided to the complainant  along with the bill Ex. C1. The complainant entailed a contractual obligation at the time of issuance of credit card. Up gradation of the credit card was stated to have been done with the consent and concurrence of the complainant. Mere waiver of earlier membership fees by the OPs does not entitle the complainant to claim the said waiver as a matter of absolute right. The complainant could not point out any terms and conditions or rules and regulations which disentitles the OPs from levying a membership fees. So the complainant has failed to discharge initial onus to prove the deficiency in service on the part of the OP by any cogent and convincing evidence.  The Hon’ble Supreme Court of India in its judgment in SGS India Ltd. Vs Dolphin International Ltd. in Civil Appeal No.5759 of 2009 decided on 06.10.2021 (LL 2021 SC 544) by the Hon’ble Supreme Court of India while relying upon on its own judgment reported as Ravneet Singh Bagga v. KLM Royal Dutch Airlines & Anr. As well as Indigo Airlines v. Kalpana Rani Debbarma & Ors. (LL 2021 SC 544), has held as under:-

“19.  The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the Commission, therefore, without any proof of deficiency, the opposite party cannot be held responsible for deficiency in service.”

 

7.                As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.  

8.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

Announced in Open Commission.

Dated:17.12.2024.

Gobind Ram.