18.11.2015
JAGANNATH BAG, MEMBER
The present appeal is directed against the Order, dated 13.02.2014 , passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata , Unit-II, in CC No. 292 of 2011, whereby the complaint was allowed against the OPs with compensation , cost and punitive damages.
The complaint case , in brief, was as follows:
The Complainant accepted the Rotary Centenary Year Card No. 5543754717102557 on one time payment basis from the OP/ Bank . He enjoyed the card from the year 2005-2006 . Allegedly, he did not get any fair statement of accounts. After sudden introduction of one additional card (No.4198074947365442) and due to manipulation on the part of the OPs, the Complainant returned the said card to the OP Bank on 13.08.2009 without utilizing and / or using the additional card as he , on 10th August 2009, received a phone call from the office of the O.Ps saying that he has not paid against card No. 4198074947365442 which he never used at any material point of time. Thereafter, he sent a letter dated 8th December, 2010 , asking the OP to close the original card and requested the OP to confirm the closure of the credit card account. The OP No.2 did not issue any written confirmation or ‘No Demand Statement’. An Advocate’s letter dated 18.01.2011 was sent stating, inter alia, that he has paid an excess of Re. 0.86 in respect of the credit card and seeking final settlement of the card account. To the Complainant’s surprise it was informed by the Associate Manager, Recoveries (Credit Card) of the OP / Bank by their letter dated 12. 11. 2011 that there was outstanding dues of Rs. 61,194/- in respect of the said credit card. Also the Complainant was informed that a petition was filed against him before the Lok Adalat to be held on 26.11.2011. vide case PL Matter No. 20463 / 2011. He also received a summons from the office of the District Legal Service Authority, Kolkata, directing him to appear on 26.11.2011 for amicable settlement of the matter in the Lok Adalat. The OP failed to provide the correct statement of accounts, but, threatened the Complainant on a number of occasion and sent musclemen to the residence of the Complainant. Though the Complainant is entitled to get the corrected statement of accounts and entitled to receive the written confirmation , the Complainant has not been provided with necessary replies. Accordingly, the Complainant filed the complaint on the ground of malpractice/ fraud committed by the OPs demanding Rs.3,00,000/- as compensation and another sum of Rs.1,50,000/- as compensation for agony, anxiety and harassment apart from litigation cost.
The complaint was contested by the O.Ps who, in their W.V , denied all allegations and contended, inter alia, that the dues of the Bank against the credit card facilities availed by the Complainant were not settled . The Complainant could not produce any paper or evidence in support of his averment that he had cleared all dues . On the other hand, the bank was entitled to recover the outstanding amount of Rs. 78,029/- as on date of filing of the W.V. There was no cause of action or no cause for agony or harassment or anxiety . The OP prayed for dismissal of the complaint with cost.
Ld. Forum below after having heard both parties and upon consideration of the entire material on record observed that though the credit card No. 5543 7547 1710 2557 was used by the Complainant, the additional card No. 419807494736 5442 was destroyed and returned to the OP on 13.08.2009. It was further observed that total dues of Rs. 60064.59 in respect of the Rotary Centenary Card for the period from January 2009 to October 2010 were paid. As the additional card was destroyed and returned , charging any amount for the period between 29.06.2009 and 28.08.2010 in respect of the said card was without any reason and , therefore, illegal. It was also observed that there was no outstanding dues against the original card and hence OP Bank was not entitled to any amount. The Complainant was found to be not liable to pay any amount in respect of either of the two cards. Accordingly, the complaint was allowed with cost of Rs.10,000/-. OPs were directed to pay jointly and severally a compensation of Rs. 25,000/- to the Complainant for causing mental pain and agony and also for damaging the reputation of the Complainant as Rotary Centenary Year Card member . OPs were directed to issue ‘No Demand Certificate’ in respect of both the credit cards. Further, a sum of Rs. 50,000/- was ordered to be deposited as punitive damages in favour of the Ld. Forum below for unfair trade practice of the OP Bank and also with a view to saving the customers from the hands of the dishonest baking administration. OPs were directed to comply the order within 15 days from the date of order failing which penal interest @ 300/- per day would be realized till full satisfaction of the decree.
Being aggrieved by and dissatisfied with the order of the Ld. Forum below, the OPs – turned –Appellants have come up before this Commission with the appeal.
The memorandum of appeal has been filed together with copies of the impugned order , the statement filed by the Respondent/Complainant showing purported payment of dues for the period from January 2009 to October 2010, among other documents including the legal notice dated 18.01.2011 issued to the Manager, Standard Chartered Bank ( Credit Division) , the W.V. filed on behalf of the OPs , the questionnaire filed by OPs / reply to the questionnaire by the Complainant and copies of payment coupons issued by the OP starting from 24.12.2005 to 27.07.2013.
The memorandum of appeal and the other documents have been perused. The brief notes of argument filed by the Respondent/Complainant have also been perused. LCR received from the Ld. Forum below has been consulted. Ld. Advocates appearing for the Appellants and the Respondent have been heard.
Ld. Advocate appearing for the Appellant submitted that the Respondent /Complainant has not paid or liquidated the dues as intimated vide monthly statements in respect of the Credit Card facilities availed by him. The statement of payment of dues as filed by the Complainant / Respondent is not supported by any evidence before the Ld. Forum below. The order of the Ld. Forum below is biased and arbitrary. As the dues have not yet been settled, the question of issuing no demand statement does not arise. The respondent has no cause of harassment or mental agony. As such, the impugned order allowing compensation and cost , apart from payment of punitive damages, be set aside.
Ld. Advocate appearing for the Respondent submitted that the statement of payment of dues as filed before the Ld. Forum below will show that a total sum of Rs. 60,064.59 has been paid and the said amount has been admitted to have been received in the report of the Appellants / OPs as filed before the Ld. Forum below vide their order dated 10.12.2013. The question of payment of any amount against the credit card No. 4196 0749 4736 5442 does not arise at all since the said additional card was never asked for by the Respondent/Complainant. The said card was never used for any purpose since its receipt. The same card was returned to the Appellant Bank which has never been denied. Ld. Forum below took all material facts into consideration and rightly concluded that the Respondent/Complainant had no further liability in making any payment after October 2010. The impugned order be up held.
Decision with Reasons :
It is a fact that the Respondent/Complainant availed the Rotary Centenary Year Card and availed the credit facilities against the said card. The additional card which was issued by the OP/ Appellants, sometime in April 2009, was allegedly not used but as per credit card operation statement (Page -71 of the appeal) and the letter dated 13th August , 2009 of the Respondent / Complainant , a sum of Rs. 4,518/- was booked on 21.04.2009 against Royal Sundaram Insurance Policy of the Respondent/Complainant who issued a letter on 13 August 2009 addressed to the Manager, Standard Chartered Bank asking why the premium amount of Rs. 4,518/- was booked against the additional card which was not used . The Manager, Standard Chartered Bank was requested to arrange to transfer the premium cost against his card No. 55437547 10102557. The request of the Respondent /Complainant does not appear to have been acted upon which implies that the said amount remained as dues.
Ld.Forum below appears to have relied upon the statement filed by the Respondent/Complainant which shows that a sum of Rs. 60,064.59 was paid vide cheques and cash during January 2009 –October 2010 . The said statement also showed that there was a late fee of Rs. 2700/- to be paid to the Appellant Bank. In fact, it has been admitted on the part of the Respondent/Complainant vide his Advocate’s letter dated 18.01.2011 that dues stood at Rs. 2700/- minus 86 paisa . That being the admitted position in one part , the fact goes that the statement has been prepared without taking into account the details of all dues as shown by the Appellants/ OPs in their monthly payment coupon papers . Of such dues, late charges/ fees as shown by the Appellants/OPs have been excluded without giving any reason . Though it is striking to note that the OP Bank failed to furnish any detailed counter statement of dues in a consolidated manner , except the payment coupon papers, Ld. Forum’s reliance on the single page statement which is but tailor-made rather than comprehensive in nature exposes material irregularity , the impugned order suffers from .
The allegation of the Respondent/Complainant that he never got any fair statement of accounts against his original card does not appear to be supported by specific reference to any of the details of the monthly payment coupon papers sent by the Appellants, i.e. there was no mention about which entries of the monthly statements were incorrect or wrong . Ld. Forum below also ignored the fact that though the additional card was sent to the Respondent / Complainant without any request, a sum of Rs.4,518/- was admittedly booked against the said card towards payment of insurance premium of the Respondent / Complainant and the said amount remained unaccounted in the statement as furnished by him .
Going by the above discussion it is considered to be prudent to send the case back on remand for fresh adjudication by the Ld. Forum below. Hence
Ordered
that the appeal be and the same is allowed on contest . The impugned order is set aside. The matter is sent back on remand for fresh adjudication upon submission of fresh evidence by both parties, if any . Parties to appear before the Ld. Forum below on 07.12.2015 for necessary orders . There shall be no order as to cost.
Copy of this order be sent to the Ld. Forum below along with LCR.
