BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.435/2021

DATED ON THIS THE 21^st FEBRUARY-2023

Present:        1) Sri. B.Narayanappa

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

ORDER’s delivered by Sri. B.NARAYANAPPA,

                                                               PRESIDENT

The complainant is a customer of the OP under the credit card number ending with 44 and the OP is the lending institution.The said credit card is deactivated by the OP.The RBI had issued Circular described as “Resolution Framework-2.0” of Covid-2019 related stress of individuals and small businesses”.The last date for invocation of resolution permitted under this window is September 30^th 2021.Therefore, the stress on account of Covid-2019 pandemic had applied to the OP Bank.The credit card account of the complainant classified as standard as of 31^st May 2021 and the complainant was eligible for resolution as per Clause-5 of the RBI Circular. The outstanding on the credit card was Rs.2,65,193/- as per the credit card statement dated 13.04.2021.The OP and the recovery agents harassing the complainant and refused to give the resolution in accordance with the RBI Circular.The complainant had sent detailed e-mail requesting the OP to give resolution but, OP did not give the same.On 09.07.2021, the complainant filed a complaint at RBI against OP for not giving the resolution and also Police complaint on 10.07.2021 against OP for compelling the complainant and also filed another complaint before the DCP, North-East, Bangalore.The OP had alienated the funds of Rs.58,063/- from the SB A/c of the complainant held at SBI, Basaveswaranagar Branch, Bangalore.The said fund was credited by Income Tax Department towards refund.The said amount was needed by the complainant to meet his family and medical expenses.In spite of warning given by the Police to stop harassing the complainant, the OP did not stop it and continued the harassment by the recovery agent and thereby OP adopted unfair trade practice and deficiency in service.In the event, the resolution of moratorium was given in accordance with the RBI Circular, there shall be no dues payable by the complainant to the OP.The principal amount along with nominal interest shall be payable by the complainant in EMI from April-2023.The OP has deliberately caused the credit card account classification of complainant to become default and is demanding unjust money to be paid towards making the credit card account reclassified as standard and the OP has been debiting unjust charges to credit card account and debited a unjust charges of Rs.22,898/- after adjusting Rs.58,063/- totally the OP has debited Rs.80,961/-.Therefore, this complaint.

5. our consideration are as under

1. Whether the complainant proves that the alleged deficiency in service on the part of the opposite party and thereby he is entitled to the reliefs as sought for?

2.  What order?

      Point No.1:- In the negative.

      Point No.2:- As per final order

                         for the following:

:: R E A S O N S ::

7.         Point No.1:- It is not in dispute that, the complainant had obtained credit card from OP ending number with 44 and he used the same for the purpose for which it was issued and it is the main contention of the complainant that, due to Covid-2019 pandemic the Reserve Bank of India issued a circular described as resolution framework 2.0 with an objective of alleviating the potential stress to individual borrowers and a small businesses.Therefore, the complainant requested the OP to issue resolution in accordance with the RBI Circular but, OP refused to issue the same and the OP recovery agents started to harass the complainant. Therefore, he gave a complaint to RBI and a complaint to Police for compelling the payment by the OP recovery agents.Though the police warned the OP not to recover the outstanding dues under the credit card, the OP did not stop harassing the complainant and it is further contention of the complainant that, in the event of resolution of moratorium was given in accordance with the RBI Circular, there shall be no dues payable by the complainant to the OP and the principal amount along with nominal interest shall be payable in EMIs from April-2023 onwards.It is further averred in the complaint that, the OP alienated an amount of Rs.58,063/- credited by Income Tax Department towards refund without his consent and also debited an amount of Rs.22,898/-, totally the OP debited Rs.80,961/- from his account, it amounts to unfair trade practice and deficiency in service on the part of OP.The complainant produced documents such as Circular of RBI, the endorsement issued by the concerned Police for having lodged a complaint by the complainant against OP and the copies of the complaint filed by the complainant to concerned Police and the copies of e-mail correspondence made with OP.On the other hand, it is the specific contention of the OP that, on the request of the complainant, OP had issued credit card to him.The card holder shall pay monthly bill raised within the stipulated time as prescribed in the monthly statement and informed the complainant that, if he failed to pay the amount, late payment charges i.e., minimum Rs.350/- or maximum Rs.600/- will be added to the next month’s statement including Government service tax but, complainant failed to pay monthly bill payments, consequently the late payment charges were levied.As such, the complainant is liable to pay the outstanding amount and in the card holder’s agreement, it is clearly depicted that, the cardholder can close his/her card account at any time by terminating cardholder agreement by a written notice to SBICPSL accompanied by the return of the card with full settlement of all outstanding dues.  If not, the card will not be terminated or cancelled. But, the complainant had not issued any written notice to OP.  Therefore, there is an outstanding balance due to pay by the complainant on the credit card account and the complainant has become defaulter in payment of monthly bills as per the statement issued by the OP.  When the complainant has failed to pay the monthly bills on credit card account and alleged deficiency in service on the part of OP, in such an event it cannot be said that, the OP has committed any deficiency in service or unfair trade practice and it is further specific contention of the OP that, the document produced by the complainant itself reflects that, the complainant has failed to pay the bill within the stipulated time.  Therefore, the late payment charges are levied, for which the complainant himself is responsible, not the OP.   

9. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

1. The complaint of the complainant is hereby dismissed.  No order as to costs and the pending IAs are disposed-off in view of the final orders passed by this Commission.

2. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 21^st February 2023)