MADHIRA RAMAKRISHNA Vs. CREDIT CARD DIVISION

JUDGEMENT

(1.) This is an appeal preferred by the complainant against inadequacy of the compensation awarded by the District Forum.

(2.) The case of the complainant in brief is that a demand notice was issued by the Bank to pay Rs.2032/- in the month of February 2008. On that he has issued a cheque for the said amount of Rs.2032/- on 18.02.2008. The bank by its notice dated 28.02.2008, informed that the said cheque was bounced for insufficient funds. In fact, on perusal of the statement of the account, Ex.A.2 it is more than clear that the amount was remitted in the account. The bouncing of cheque was unjust. He also found in the Credit Card Statement dated 02.03.2008, Ex.A.3 that an amount of Rs.2032/- was debited. This has caused a lot of mental agony, he being an old man and therefore claimed Rs.50,000/- towards compensation and costs of Rs.3,000/-.

(3.) The HDFC Bank resisted the case. It alleged that the complaint was filed to make illegal gain and there was no deficiency of service on its part. The credit card facility was given for his personal use. During the month of February, 2008 the Bank had sent a demand notice for Rs.2032/- for the expenditure incurred by him by way of his credit card and to clear the same. On that the complainant issued a cheque for Rs.2083/- dt.18.02.2008. However, the same could not be honoured. In fact it would normally present the cheques on the schedule date, and if there is no sufficient balance, the same would be dishonoured. This fact was informed to the complainant through their agent, but he did not respond. There was no balance to honour the cheque issued by the complainant. It therefore, prayed for dismissal of the complaint.