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Rahul (Engineer)     26 January 2014

Credit card cash back scheme - help pls

My question is: Do I have a case in the following story?

Background: A reputed Credit Card Company advertised in its Festival Offer a Maximum of Rs. 2500 cash back per card per transaction....!!! The statement appeared ambiguous to me cos of the phrase 'Per Transaction'... So I spoke to their Customer Support clearly seeking an interpretation of the phrase 'Per Transaction'... My call was also recorded for, as they claim, 'Internal Quality Purposes'...!!! The Customer Support Executive, in atleast a 30 minute long conversation, clarified in most unambiguous words, that the Cash back is capped to Max 2500 'Per Transaction'... She also kept me on hold, cos I wanted more elaborate confirmation, and spoke to her senior and very clearly, I remember, she confirmed that if I made four transactions, I'll be eligible for Max Rs. 2500 Cash back on EACH transaction.... 

Problem: After this elaborate confirmation by their Customer Support Executive and also a clear mention of the phrase 'Per Transaction' in their Terms and Conditions, I went ahead and made four transactions on four different days during the offer's validity period...!! Now the Credit Card Company has credited only 2500 to my account...

I asked them repeatedly about the meaning of the phrase 'Per Transaction' and they have not replied to it...!! I have asked them to send me the unedited transcriptts of the conversation I had with their customer support executive and they are silent on that too...!!

My Question: 1) Having said that their Customer Support in a very long detailed conversation did confirm that Max Rs. 2500 will be credited back 'Per Transaction', do I have a right to ask for those transcriptts...?? 2) Given this background, do I stand a chance of a positive outcome in a consumer court/forum..

Request experts on this forum to kindly help me with the situation




 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 January 2014

Have you ever heard about Ignorantia juris non excusat or Ignorantia legis neminem excusat? These are Latin phrases which encode the legal principle that ignorance of law is no excuse. In short, no one can escape the liability for violating a law by claiming that he was unaware or ignorant of the law. Even though this legal principle has many exceptions, normally, it is deemed that the people of a certain territory are aware of the laws applicable to that jurisdiction (at least the ones which may affect their day-to-day activities). However, many are still ignorant of the relevant laws and land in trouble. 

Forget about the laws, even legal terms are confusing and unnerving for many, except those with substantial legal training. But don't panic; a little bit of effort can help you understand law terms. 
You can give a complaint in consumer forum even if you get unjustice with the credit card with all evidences

1 Like

AV Bagur Advocate (Advocate )     27 January 2014

From what you say it appears that you have a good case in your favor.  You must have proof to substantiate your submissions.  You can file a consumer case by default, and  you can also file civil and criminal cases, subject off course there is adequate proofs. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 January 2014

Jurisdictional consumer forum can be approached for redressing the grievances.

1 Like

Rahul (Engineer)     28 January 2014

I sincerely thank the posters who answered my query... Do I have to engage a professional lawyer to file a case in Consumer Court...?? There's a District Consumer Court close to my residence...!! Can I just directly enter the premises and file a complain or I'll have to engage a lawyer to do it... 


I appreciate the time and efforts experts take, on this forum to address queries of layman... Thanks indeed... Regards, Rahul

T. Kalaiselvan, Advocate (Advocate)     28 January 2014

you can file a complaint directly withoutengaging a laweyr, res of the formalities can be enquired from the court

Rohan (Manager- Legal)     28 January 2014

Rahul Let me congratulate you for two counts; first to being a person of sound assertivity to challenge an unethical market practice and second- to be able to atriculate your concern in a crist and detailed wording. Regards your question- you can drag the Credit Card company in consumer court without engaging a lawyer. My personal suggestion would be hiring a experienced person in these matters if not a full fledged practising advocate. Which city do you stay?
1 Like

Rahul (Engineer)     28 January 2014

Thanks Rohan for an encouraging post... Yes, I am slightly uncomfortable in going ahead alone cos of my complete ignorance of law and legal matters...!! Though the Consumer Court of Navi Mumbai is just a skip and holler away from where I live, I would still feel better if I had some professional to carry the case forward, for a fee, ofcourse...!! That way, I feel that he would also be able to vet the documents I have and confirm if its worth pursuing...!! Anyways, thanks again for your inputs...!! Have a good day...

T. Kalaiselvan, Advocate (Advocate)     28 January 2014

@ Rahul: My suggestion is that you consult a lawyer, take his opinion, get the matter prepared by him, pay him his fees up to that extent and file the case yourself.  In this you will be benefited with two things, i.e., you will gain experience and knowledge in legal issues of consumer forum and your rights as consumer, next thing you can handle the case as per your own thoughts and ideas based on the bitter experience you had with the company, not only that you can avoid paying heavy fees to an advocate dong the same job what you do in the said forum.  You can take the help of some local good lawyers whenever you feel you are struck somewhere in the legal journey including this portal's help.  Have confidence and proceed, all the best.

Sudhir Kumar, Advocate (Advocate)     26 April 2014

already wel advised

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