HDFC BANK & 2 ORS. vs KESTO NASKAR

The complainant obtained a credit card no. 43467850000 49909 from the petitioner Bank. The case of the complainant is that vide letter dated 15.01.2008, he had requested the Bank to cancel the aforesaid card. Despite that the Bank demanded an amount of Rs. 26,473.83/- from him vide his letter dated 18.12.2008. The amount outstanding in the credit card account, according to the Bank had later on swirled to Rs. 93,716.03/-. Being aggrieved from the aforesaid demand, the complainant approached the concerned District Forum, seeking the following reliefs:- A. "The O.P. be directed to close the account

B. The Opposite Party be directed to disclose all the information relating to alleged dues in question to the complainant.

C. The Opposite Party be further directed to pay the following amount on the following heads as compensation to the complainant.

i. for mental agony, pain and anxiety Rs. 3,00,000.00

ii. For unnecessary harassment Rs. 10,000.00

iii. For litigation cost Rs. 10,000.00"

The complaint was resisted by the petitioner Bank on the ground that the request for cancellation of the card was submitted by the complainant only on 05.12.2008 and at that time, there was already an amount of Rs. 26,473.83/- outstanding against the card. This was also the case of the opposite parties that the amount due against the card had increased to Rs. 1,00,774.30/- as on 01.01.2013.

Vide its order dated 09.04.2013, the concerned District Forum directed the petitioner Bank to pay a sum of Rs. 10,000/- s cost of litigation and Rs. 15,000/- as compensation to the complainant. The petitioner Bank was also directed to close down the account of the complainant without charging any amount from him. It was further directed that failure to comply with the said order shall entertain punitive of damages to the extent of Rs. 150/- per day.

Being aggrieved from the order passed by the District Forum, the petitioner Bank approached the concerned State Commission by way of an appeal. Vide impugned order dated 28.11.2014, the State Commission dismissed the appeal filed by the petitioner Bank. Being aggrieved, the petitioner Bank is before us by way of this revision petition.

Though it was claimed in the complaint that the complainant had requested the Bank on 15.01.2008 to cancel the credit card issued to him, there is no proof of any such request and the complainant, who is present before us fairly admits that the request was made only on 05.12.2008. On the aforesaid date, a sum of Rs. 26,473.83/- was, according to the Bank, due against the aforesaid card. The payment was alleged to have been made to LIC against the insurance policies taken by the complainant. The case of the petitioner Bank in this regard is that the complainant had opted for auto-payment in respect of his aforesaid policies and that is why the Bank made payment to the LIC against the policies taken by him.

The petitioner Bank has given particulars of the direct debits which it had made to L.I.C. against the insurance policies taken by the complainant. Three debits, two debits of Rs. 7,893/- each and one of Rs. 4,736/- were made on 07.03.2008, whereas one debit of Rs. 7,893/- and another debit of Rs. 4,736/- was made on 12.03.2007. We see no reason to disbelieve the record of the petitioner Bank in this regard and accordingly have no hesitation in holding that the aforesaid amount was payable by the complainant to the petitioner Bank, the payment having been made well before the receipt of the letter seeking cancellation of the credit card.

For the reasons stated hereinabove, we dispose of this revision petition with a direction that on the complainant making payment of Rs. 26,473.83/- alongwith interest on that amount at the rate of 9% per annum to the petitioner, the credit card account in question shall be treated as closed and the complainant shall not be liable to make any further payment against the outstanding in the said credit card account. The payment in terms of this direction shall be made by the complainant within four weeks from today. The petitioner Bank on receipt of the aforesaid payment shall give a certificate to the complainant certifying the payment made to LIC on 07.03.2008 and 12.03.2007. On the strength of the aforesaid certificate from the Bank, the complainant can approach LIC, seeking credit of the payment made to it by the petitioner Bank, if any receipt was received by the petitioner from LIC in respect of the payment made by it, those receipts shall also be provided.