M.THANIKACHALAM J. - (1.) The first opposite party, who suffered an adverse order in the hands of the District Consumer Disputes Redressal Forum, Chennai [South] in C.C.219/2003, dated 30.10.2007, is the appellant.
(2.) The complainant/respondent having the facilities of the Credit Card, issued by the first opposite party, who had arrangement with the second opposite party, placed an order for Time Music Album from the second opposite party, through mail order, which was declined, for which, despite request, no sufficient reasons were assigned. Hence, the complainant is not willing to continue the credit card and therefore, he requested to refund the renewal fee, for which, there was no reply, causing mental agony, for a man of high status in the society, being the senior architect. Thus, accusing the opposite parties, a claim was made by way of consumer complaint, for refund of the renewal amount, as well for compensation of Rs.1 lakh before the District.
(3.) The first opposite party admitting that the complainant is a Card Member and their Credit Card is widely accepted by all merchant establishments, opposed the complaint, contending that in the transaction while placing order with the second opposite party has not given, the correct date of validity of the card which alone was the cause for declining to debit the amount, for which, the complainant alone has to be blamed, not the opposite parties, that for the renewal fees, the complainant had utilized the service of the first opposite party and in this view, the complainant is not entitled to either refund of the renewal fees or for any compensation and that since to decide the dispute, elaborate enquiry may be needed, which cannot be done by the Consumer Forum under summary proceedings, thereby praying for the dismissal of the complaint.;