SHAIL SAHNI Vs. INDIAN BANK & ANR

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 28.11.2013, passed by the Delhi State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 2013/444, "Shail Sahni vs. Indian Bank & Anr.", vide which, the said appeal was dismissed and the order dated 28.02.2013, passed by the District Forum in consumer complaint no. CC/974/09, dismissing the said complaint, was upheld.

(2.) Briefly stated, the facts of the case are that the petitioner/complainant filed a consumer complaint under section 12 of the Consumer Protection Act, 1986 against the OP, Indian Bank, alleging that he opened an account with the said Bank on 22.09.2008 and he had been regularly making transactions in the said account without any complaint. He is having business of paper-plates and dona supplies and has been filing income-tax returns. On 24.03.2009, he applied for credit card type 'Gold' of Indian Bank, enclosing therewith the necessary documents. According to the complainant, he fulfilled the necessary eligibility criteria for the grant of the said credit card. However, the said Bank refused to grant him the credit card, saying that the operation of the savings bank account was marginal or low. The complainant alleged that this action of the Bank amounted to negligence on their part for which he suffered tremendous loss, injury, mental agony and pain. The complainant prayed that the OP should be directed to issue him a credit card with minimum credit limit of Rs.75,000/- and also to pay him a sum of Rs. 24,000/- as compensation and damages.

(3.) The complaint was contested by the OP Bank by filing a written reply before the District Forum, saying that the complainant applied for credit card after a period of 6 months of opening his account with the Bank, whereas there was a mandatory period of one year before which the application for credit card could not be made. The said provision had also been conveyed to the complainant through letter dated 22.04.2009 sent by the Bank. The OP further replied that an ATM-cum-debit card had been issued to him and he was requested telephonically and vide letter dated 28.08.2009 to collect the same. The OP Bank requested that the said complaint be dismissed.