M. THANIKACHALAM J. - (1.) The opposite party aggrieved by the order of the lower Forum in COP.477/2000, questioned the same before us, as appellant. The brief facts leading to the complaint:
(2.) The complainants obtained American Express Cards for individual and Corporates and one such card is bearing No.3769-711622-81008. The complainant when tried to use this card in USA during 1999, he was informed that the card was suspended due to non receipt of annual membership dues. Upon information, the due was cleared by Demand Draft bearing No.008018, dated 13.10.99. Having credited the amount, the opposite party had cancelled the card without any proper reason, that too, when this card has no outstanding. The act of the opposite party, in canceling the Corporate card without any reason is arbitrary and discloses total deficiency of service and unfair trade practice. Even after the issue of notice, the card was not reinstated, thereby causing loss and sufferings to the complainants, which is quantified at Rs.4 lakhs. Hence, this petition is filed, to issue suitable direction to reinstate the American Express Card bearing No.3769-711622-81008 and for compensation.
(3.) The opposite party/appellant denying, the allegations in the complaint, adverse to them, inter alia, contended that the complainant who had obtained already a corporate card and personal card showing his name as Kumar Sitaraman, giving some other address, failed to pay the outstanding and even as on this date, the corporate card has an outstanding balance of US dollars 622.35 and the personal card Rs.1,38,171.51 and the steps taken by the opposite party to recover the amount, ended in vain.;