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Murali (prof)     15 June 2010

Credit Card Dispute - Lok Adalat notice

Hello Sir(s), I had applied for HSBC credit card around 4 years ago, I did not remember whether I received it or not. There were some transactions made on the credit card (which is in my name), I was out of station and I had no clue about the transactions. After 3 months I come to know about the transaction made on the card through local collection department. I gave a letter stating that the transactions was not done by me and also stated that on the day of transaction I was out of station ( I have a strong proof to prove that I was out of station on that day). All these days I was talking and explaining about the above said things to HSBC customerr care executives.

Recently I recieved a Lok Adalat notice from the bank to settle the same. I don't know to what to do. I didn't do any transactions on the card ( I don't  have the card with me at all). Please suggest me on what to do and how to proceed further.

Thanks in Advance for your help.
 



 12 Replies

Suchitra. S (Advocate)     15 June 2010

Sir, is it not you duty to collect the card when you have applied for it? And even if you show you were not there in town that day, there is every possibility that any other person who has got the card has used it. And you cannot get absolved from being negligent about your duty. If you had lost the card, then you should have given a complaint for the same. Now you have to appear before Lok Adalat and resolve the matter.

adv. rajeev ( rajoo ) (practicing advocate)     15 June 2010

As suchitra said appear before the court and file your objections along with the documents, but it is better to settle the case because credit card is in your name and transcations shows your name.

Daksh (Student)     15 June 2010

Mr.Murali,

If the Bank is on fault then why to be a party before Lok Adalat, go and agitate your cause before Ombudsmen.  Make out your case in line of voilation of model code of conduct contrary to manual by bank.  Otherwise also proceedings before Lok Adalat are more sort of recovery/summary in nature.

Best Regards

Daksh

1 Like

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     15 June 2010

sir

what ever said by daksh is right

1st tou right a letter to ombudsmen  then u ll get the solution

you have to appeaer before the adalat  and file ur objections

u must and should approach ombudsman

1 Like

Kumar Doab (FIN)     15 June 2010

The credit card is usually sent thru courier of repute e.g Blue Dart at the address in record of the company and the delivery is made to a person at the address after seeing  his/her proof of identity e.g voter card,DL etc and its number is recorded on the run sheet by the courier guy.The Company shall be able to claim that the card was delivered.

The customer is adviced to sign on the reverse of the card and the vendor is suppossed to compare the signature and photo on the card if it is a photo card.

The company usually does not provide the recording of the  conversation between the CCE and Customer.

If you applied but did not receive the card you should have reported it to the company in writing under acknowledgment e.g email,Regd.letter. During any telephonic followup you should have taken the complaint number/unique docket number for your record.

You may prepare a record of the communications you had with CCE i.e Date time name of CCE etc

You may carefully examine your record i.e you were not in the city where the transaction took place, and may consult your lawyer.

The objective of the collection team of the company is to collect the amount which they shall call as a debt, and they send legal notice for recovery/summary.

You should better approach Ombudsman/consumer forum.

1 Like

J. P. Shah (RTI & CONSUMER ACTIVIST)     16 June 2010

Please ask the bank to produce charge slips signed by you, which will prove that you have used the card. Please also request bank to produce details of despatch and delivery of credit card et.c. If you have not used card, please send notice to bank as per attachment herewith by making certain changes, but quoting RBI circulars and judgements of SC etc mentioned therein. Despite this if bank continues to harass you please file complaint with banking ombudsman by visiting www.bankingombudsman.rbi.org.in 


Attached File : 22 22 credit card notice.doc downloaded: 279 times
2 Like

Murali (prof)     16 June 2010

Thank you very much for all the suggestins/information. I am really impressed about the kind of help I am getting here and very active participation of the members. Coming on to my case, I had been to lok adalat, I put forward my objections infront of registrer, bank people were bit harsh in nature, they were aksing if I am ready to settle, I siad no stating that the transactins were not mine, and also asked for the proof that the card had been delivered to me, they didn't answer. I come back wihout settling.

In the above replies, I do see some discussion on complaining with ombudsman. Can some one please explain what is ombudsman? how will it help in my case? and how to approach or what is the procedure to complain with ombudsman?

Thanks again.

kranthi (retainer advocate)     17 June 2010

ombudsman is banking regulating authority , which will help to custmers if any problem arises with bank it is like a tribunal  and sloves the disputes with bank

Kumar Doab (FIN)     23 June 2010

They must have put your name in CIBIL SATYAM etc.as a defaulter.

It shall be better  to approach Consumer Forum thru your local lawyer for relief and compensation and to obtain an order to rem,ove your name from CIBIL etc.

girishankar (manager)     28 October 2010

Thanks

Silent victory (Engineer )     11 November 2010

In the hiererchy of   forums to complain where does the ombudsmans office come . at the bottom   or top . ? 

Can the ombudsman  take up a complaint from customer if  the bank has already gone to lok adalat but there was no  outcome  / resoultion  

Anir (ue)     31 July 2012

Respected Sirs,

i am holding a SBI KolkataCard for almost 10 years(Cerdit Limit INR52500/-) and the repayment was regular as per the usage.The said Credit Card company offered me loan over phone several times which i rejeceted earlier.But almost 15 months back,after repeated pursuancesby their telecalling personnel,i availed a loan of INR.125000/- which i amsupposed to repay backin 36 EMIs.But unfortunately after paying 11 EMIs,i am not  in a position to pay the rest amount .I want to settle the loan amount but their collection agents are pursuing me and  insist on paying the past due EMIs and only after that they will call for a settlement option.I humbly seek your advice about the settlement process in this case.

 

Regards,

Anirban


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