"It shows that unfair trade practices are galore and such terms in fine print cannot be read to the advantage if persons who unilaterally imposed these," stated the order passed by the Consumer Disputes Redressal Forum (district New Delhi).
While deciding unto the verdict the bench took cognizance that the bank had not responded to any of the letters written by Soma Sundara Eswaran, the client.
"It is strange that not even single letter is responded to an in these circumstances, whereas opposite party has in evidence stated that he (the client) was orally told the card to be with no annual fees, supported by his denial on first bill itself. We are of the view he is to be believed," stated the order passed by President of the forum CK Chaturvedi and members SR Chaudhary and Asha Kumar.
Eswaran filed a complaint with the forum after the bank did not respond to his letters and later the bank "slapped a legal notice of cheating" along with an annual fee of Rs three lakh. According to the order Eswaran had written four times to the bank protesting the annual fee charges on the credit card, which he claims was not be the case when the card was issued to him. The client alleged that he was told that there will be no annual fee since was chosen for the credit card after being selected in a "draw of telephone."
The client had also met with a senior functionary of the bank who wrote an email to his colleagues, which the forum took note off. The letter stated, "It is possible that the DSA made a false promise to the customer (which they often do to sell card) but for no fault of the customer. He is being harassed by the collection centre and the lawyers sent to the customer," the letter stated. Despite this, the client says his account was later put on hold and then later a legal notice was served to him and credit card balance was settled from the savings account by debiting Rs one lakh.
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