M.THANIKACHALAM J. - (1.) The complainant having failed before the District Forum, complaining deficiency, has come before this commission, as appellant, claiming same relief.
(2.) The complainant/ appellant, was having a credit card, issued by the 2nd opposite party from 25.10.2005, and the card No.4346772000681543. As per the demands, the complainant was paying the dues, by way of cheques, through ICICI Bank. But, the opposite parties have not credited the amount in time, crediting belatedly, claimed penal interest, and other charges, which was questioned on several occasions, for which there was no reply. Finally, the 2nd opposite party sent a legal notice on 3.6.2008, claiming a sum of Rs.59,834/-,as if the complainant is liable to, which was negotiated and settled at Rs.35000/-, which amount was paid by the complainant. The opposite party had not issued the receipt, for the above said payment, for which a legal notice was issued, and the deficiency committed by the opposite party, not rectified, even then, thereby compelling the complainant to come before the consumer forum, seeking direction, as well as compensation.
(3.) The opposite parties, admitting that the complainant was a credit card holder, resisted the case, contending that the complainant was a chronic defaulter in the payment of the dues, that giving a cheque do not mean that payment was made forthwith, unless it is realized or otherwise agreed, that if the cheque given is not being encashed on or before the due date, late payment charges will be imposed, that had happened in this case, which cannot be termed as negligent act, or deficiency in service, that there was no negotiation or collection of any amount, as claimed by the complainant, and as such since the opposite parties have not committed any deficiency in service, the complaint is liable to be dismissed with exemplary cost.;