A.K.ANNAMALAI, J - (1.) The complainant is the appellant.
(2.) The complainant filed a complaint against the opposite parties 1 and 2 praying for the directions for the reversion of entry of Rs.4725/- as mentioned in monthly statement dated 21.6.04 by the 1st opposite party with subsequent penal, interest, late fee charges and other charges, to pay jointly Rs.75,000/- as compensation for mental agony and to pay Rs.5,000/- as costs.
(3.) The complainant in his complaint alleged the 1st opposite party has provided SBI classic card to the complainant and for using the same regarding all payments he used to receive the monthly statement and on 21.6.04 he received the monthly statement in which he was asked to pay a sum of Rs.4725/- for stay in 2nd opposite party hotel on 24.5.04. Immediately the complainant sent a complaint through online stating that he has not availed the service of the 2nd opposite party and requesting to reverse the entry. The 1st opposite party replied on 20.7.04 stating that the matter was under consideration. But on 20.8.2004 that the 1st opposite party stated that they have received charge slip from the 2nd opposite party and requested him to confirm the genuineness for which he has given a detailed reply and categorically denying the staying in the hotel and he has not signed any signature on the credit card charge slip. It was also admitted by the 2nd opposite party in the letter dated 11.8.04. Then the complainant addressed to the 1st opposite party on various dates to reverse the entry. But the 1st opposite party adopted third degree method to collect the amount which he has not at all utilized and the 1st opposite party threatened the complainant through the lawyer and also by sending collection agent and gone to the level of man-handling and for which on the basis of report the 1st opposite party apologized for the incident. Till date the 1st opposite party is sending monthly statement to pay the disputed amount with late fee charges etc., and final notice was sent from them on 5.1.06 thereby the both parties are adopting unfair trade practice under Section 2 (ii) (r) of Consumer Protection Act 1986. Hence the complainant has come forward with this complaint seeking the above reliefs.;