Case nº Appeal No. 625 Of 2007, (Against the Order dated 26/09/2007 in Complaint No. 82/2000 of the State Commission Orissa) of NCDRC Cases, May 23, 2013 (case 1. American Express Travel Related Services Ltd. 2. Bijan Ray Vs 1. Bijan Ray 2. American Express Travel Related Services Ltd.)

JudgeFor Appellant : Mr.Ravi Gopal, Advocate and For Respondent : Mr.Amit C. Jha, Advocate
PresidentMr. Ashok Bhan, President and Mrs. Vineeta Rai, Member
Resolution DateMay 23, 2013
Issuing OrganizationNCDRC Cases


Against the impugned order of the State Commission, complainant as well as opp.parties have filed the cross-appeals. Complainant''s appeal is FA No.66/2008. Appeal filed by the is FA No.625/2007. Since these are cross-appeals, parties are referred as by their original status in the complaint.

Complainant, who is a senior advocate, took American Express Bank Credit Card from the Under the scheme, his wife was given a supplementary card effective from March 1999. In September 1999, a "Globally Valid Card" was also issued to the complainant. As per allegations made in the complaint, complainant was making regular payments of the demands as per the statement of accounts raised by the from time to time. In the first week of April 2000, while paying Rs.5,000/- by demand draft as against minimum payment claim, he informed the that he and his wife would be visiting United States and would remain absent during April, May and June 2000 from India. During the said visit to United States, the complainant and his wife presented the ''Globally Valid Cards'' issued by the at different places but the cards were not honoured. Alleging that due to non-acceptance of the cards in different cities in the United States, complainant and his wife suffered embarrassed and humiliation in the presence of other Indian and Americans. Immediately on return, complainant paid the balance amount of Rs.6,690/- by cheque dated 5.7.2000. While terminating/cancelling the cards, he demanded damages against the amounting to $ 1,00,000 equivalent to Rs.44.70 lakh. Since the amount was not paid, the complainant filed the complaint before the State Commission. His wife filed a Civil Suit No.395/2000 before the Civil Judge, Sr.Division, Cuttack., on being served, entered appearance and took the following pleas:

(a) Under the agreement, Delhi Court has jurisdiction and not the Courts at Cuttack.

(b) The complainant had a poor history of payment.

(c) The credit cards are governed by Prime Lending Rates prescribed by the Reserve Bank of India and therefore the issuing authority has the discretion to charge any rate of interest.

State Commission allowed the complaint by observing thus:-

As the complainant was put to harassment and embarrassment and was looked down by the people consequent to the dishonour of the cards on presentation, the opposite party is liable to pay...

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