AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Hardeep Singh Dhaliwal, the petitioner, in person.
This revision has been filed against the order of State Consumer Dispute Redressal Commission, Punjab, Chandigarh dated 08.07.2020, passed in First Appeal No. 734 of 2019 (arising out of the order of District Consumer Disputes Redressal Forum, Patiyala dated 03.10.2019, passed in Consumer Complaint No. 371 of 2018), whereby District Forum, has dismissed the complaint and the appeal filed by the petitioner has also been dismissed.
Hardeep Singh Dhaliwal (the revisionist) filed Consumer Complaint No. 371 of 2018 claiming (a) for a direction to the respondents to revert Rs.2500/- in his account, (b) to award appropriate compensation for causing harassment of the complainant, (c) to award litigation cost to the complainant and (d) to impose appropriate penalty upon the respondent Bank for indulging in unfair trade practice and award it to him. It has been stated in the complaint that the complainant had applied for issue of Regalia Credit Card upon incessant solicitation and solemn pledge of the agent of the respondent bank that the card was a special offer and carry no burden of monthly or annual membership fee. On the first page of the application for issue of credit card, an endorsement "(No annual/ one time/ monthly charge" was written in handwriting. Thereafter, the respondent bank issued Regalia Credit Card to the complainant, in 2017. However, in the monthly statement of account dated 14.06.2018, the bank billed Rs.2500/- as Annual Membership Fee. The complainant protested the matter through emails dated 25.06.2018 and 27.06.2018 then he was informed that as he had not met annual spending threshold of Rs.3,00,000/- in last year as such he was not entitled for waiver for membership fee. The respondent has committed "unfair trade practice".
The respondents contested the case and filed its written statement, on 06.02.2019 in which, it has been stated that the complainant himself had come to the branch of the bank for availing credit card facility. He chose for credit card Ragalia facility. The claimant filled up form for issue of credit card and deposited necessary papers. Most Important Terms and Condition, which was on a printed form headed as Most Important Document was signed by the complainant, which contained "Renewal fee waiver Condition" as to spend Rs.3,00,000/- in 12 months for Ragalia credit card. The complainant did not spend Rs.3,00,000/- in last one year as such he was charged for membership fee as given in the printed form. It has been denied that the agent of the respondent bank has professed any incessant solicitation and solemn pledge of no burden of monthly or annual membership fee.
The complainant filed his Affidavit of Evidence and documentary evidence of Aadhar card, Statement of account, Copies of emails dated 25.06.2016 and 27.06.2018. The respondents filed Affidavit of Evidence of Raveena Bedi, copy of the application for issue of credit card filled up by the complainant, copy of Driving Licence, Copy of PAN card, Identity card and copy of the confirmation application.
District Forum by the judgment dated 03.10.2019 found that Most Important Terms and Condition, which was on a printed form headed as Most Important Document was signed by the complainant, which contained "Renewal fee waiver Condition" as to spend Rs.3,00,000/- in 12 months for Ragalia credit card. The complainant has not shown that he had spent Rs.3,00,000/- in last 12 months as such renewal fee was charged. There was no unfair trade practice. On these findings the complaint was dismissed. The petitioner filed First Appeal No. 734 of 2019 from the aforesaid order. State Consumer Disputes Redressal Commission, Punjab, heard the appeal and by judgment dated 08.07.2020 dismissed it. Hence, this revision petition has been filed.
Pointing out the hand written endorsement as "No annual/one time/monthly charge", it has been submitted that from this endorsement it was proved that the agent of the respondent bank had professed an incessant solicitation and solemnly pledge of no burden of monthly or annual membership fee would be charge, on the credit card. Both the Fora below have illegally ignored this endorsement and only relied upon the printed proforma. He submitted that not only oral misrepresentation was made but also an endorsement has been made on the application then complainant had believed that this was a special offer and obtained credit card. Later on ignoring the endorsement of the application card, renewal fee has been charged which is unfair trade practice.
We have considered the arguments of the petitioner and examined the record. The endorsement on the application form and Most Important Terms and Condition, which was on a printed form headed as Most Important Document, both were disclosed at the same time to the complainant. No burden of monthly or annual membership fee was subject to the condition to spend Rs.3,00,000/- in 12 months for Ragalia credit card in "Renewal fee waiver Condition" as mentioned in column-5, for which renewal fee was mentioned as Rs.2500/- in column-2. Most Important Document was signed by the complainant as such he cannot allege that any unfair trade practice was committed. From reading of the endorsement in writing on the application form and Most Important Document, it is apparent that free scheme of credit card was subject to condition and the complainant was given notice of the condition as such no unfair trade practice was adopted. Foras below have not committed any illegality in dismissing the complaint of the petitioner. The Revision has no force and is liable to be dismissed.
ORDER
The revision is dismissed summarily.