Adv. For the Complainant: - Sri M.K.Dash and Others
Adv. For O.Ps :- SriA.K.Sarangi and Sri R,K.Nanda and Others
Date of filing of the Case :-16.08.2021
Date of Order :- 10.07.2023
JUDGMENT
Fact of the case in nutshell-
(1) The complainant is a Government Doctor has been issued with credit card bearing No. 4726427587384868 by the chief of State Bank of India cards & payment service Ltd. DLF Infinity Towers – C 12th floor Block -2 Building -3 DLF cyber city. Gurugaon 122002 ( Haryana) who is OP. No.2 in this case through the Branch Manager State Bank of India , Burla Branch District , Sambalpur who is Op No.1 in this case , against the Saving Bank Account No. 11681713980 in persuasion of the SBI Branch , Burla for smooth transaction on the net banking system.
The complainant has made the credit card account update , but the Op No.2 has utterly failed to maintain the account properly from which an amount of Rs.2,07,456/- paid in excess through auto system have not yet been refunded back after deduction which shows the callousness of the OP No. 1
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and 2 and evident about Improper maintenance of account because only as the same has been deducted doubled from his S.B A/C No. 11681713980.
The complainant had made repeated approach for refund of the excess amount doubled debited from his saving account . After repeated approach a sum of Rs.18,422/- only have been refunded back. The complainant appraise the Ops by serving a pleader notice for settlement of the issue on dt.06/04/2021 but in vain, hence this case.
(2) To substantiate his case the complainant relies on the following documents.
(1) Xerox copy of passbook front page showing the S.B. A/C No.
(2) Xerox copy of the Statement of account shows the transaction made.
(3) Xerox copy of E mails send by the complainant.
(4) Xerox copy of the pleader notice dated 06/04/2021.
(3) Having gone through the complainant it’s accompanied documents and on hearing the complainant prima facie it seemed to be a genuine case hence admitted and notice to the Ops were served and in response they appeared through their councel and filed their version.
(4) In the rival contention the Op No.2 in its version states the case is not maintainable . the complainant does not qualify the ingredients of valid complainant as envisaged in Sec 2 © of CP Act 1986 and this commission has no Jurisdiction to entertain the case. As it is in the agreement that any dispute arised should be resolved by appointment of a sole arbitrator appointed by OP No.2 But admitted of issued of SBI credit card bearing a/c No. 0004726427587384868 on February 2018. The Op No.2 admit that on dt 07/11/2021 twice for the same amount of Rs.46,760/- received through auto debit and manual payment done by the complainant out of which Rs.28,307,44 has been adjusted towards usage of the complainant credit card account which is reflect he in the statement dated 07/01/2021 and the remaining balance for the amount of Rs.18,452/- has been transferred to the complainants SBI saving account on 28.01.2021.
OP No. 1 totally denied the allegation made by the complainant and shifted the total liability upon OP No.2 and the cause of action not arises against the present OP No. 1 and the aforesaid allegation filed by the complainant should be dismissed against OP No.1.
(5) Heard the complainant and perused the materials on record with submission and vehement denials of the learned advocate for the OPS with arguments.
(6) Before adjudicating the case matter in hand this commission feels and prefer to frame the important issue for the Just decision of the case as follows.
(1) Whether the case in not maintainable.
(2) Whether this commission lacking jurisdiction to adjudicate.
(3) Whether the complainant is a consumer.
(4) Whether the OP No.2 supress the material fact as alleged by the complainant.
(5) Whether the OP No.1 is exempted from liability.
To meet the issue No.1 there is primafacie case is made against the OPs as because the complainant is a consumer defined in Sec 2 of the C.P. Act 2019 and Sec 42 of C.P. Act 2019 defines
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“ Service means service of any description which is made available to potential users and includes but not limited to the provisions of facilities in connection with Banking , financing insurance , transport , processing , supply of electrical and other energy , telecom, boarding or lodging or both , housing construction , entertainment , amusement or the purveying the news or other information, but does not include the rendering of any service free of charge or under a contract of personal service” . The complainant with a bonafide motive filed the case against the deficiency of service by the OPs who deserves the remedies .As such the case is maintainable.
To meet the issue No.2 regarding Jurisdiction of the commission this commission empowered to adjudicate the present case as because it is within the pecuniary jurisdiction as well as U/s 100 of C.P. Act 2019.
Sec 100 of CP Act states the Act not in derogation of any other law the provision of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. As such this commission not lacking any Jurisdiction to adjudicate the present case.
To meet the issue No 3 Sec 7 (i)(ii) of the C.P. Act 2019 defines consumer as follows. Sec 7 (ii) any person who hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the service for consideration paid or promised or partly paid and partly promised or under any system of deferred payment , when such service are availed of with the approval of the first mentioned person but does not include a person who avails of such service for any commercial purpose”. As such in the present case the complainant paid the charges of the bank dues time to time in every month for good service from the bank likely to be a consumer.
To meet the issue No.4 where the irony – lies and also the crux of the present case. The complainant being trust the SBI where his saving Bank account operates and in persuasion of the staff to make easy and smooth transaction on good faith issued a credit card in his favour and maintain the credit card up-to-date in auto system as well as manually in every month. In many occasion the auto debit system does not show the message which has to received in his mobile the complainant paid manually for the usage to keep the credit card up-to-date . As such the payment doubled in many times which reflects in the statement of account of the passbook given by Op No.1 The complainant raise the issue before the Ops but the Ops settle only one suppressing the other more over the statement of Op No.1 and OP not 2 not matched and dissimilar and differs. The Op No.2 only clarify the excess amount of dated 07/01/2021 which adjusted after deducting the usage of credit card a sum of Rs. 28,307,44 and Rs. 18,452,56 has been credited to S.B.I passbook of the complainant but silent about the other doubled transaction of payment towards credit card. As such OP No.2 suppress the material fact about the earlier transactions is purely a deceptive and unfair trade practice of the SBI credit card , which amounts to deficiency in service. It is the duty of the SBI credit card i.e OP No.2 should have clarify all the doubled payment which debited automatically after payment by the complainant manually. This commission found the smell of malafide intention of OP No.2 by sending the excess amount to an un seen a/c and to make profit is unreasonable . The double debit amount first happened on 27 March 2020 an amount of Rs.55,790/- the second arised on 26 May 2020 Rs.40,480/- The third on 27 June 2020 Rs 75,742/- the fourth one on 27 Aug 2020 Rs.17,522/- the fifth one on 27 Oct 2020 Rs.30,094 and the last one on December 2020 Rs.46.760 out of which only Rs.28,307,44 had adjusted for usage of credit card and
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Rs.18,452,56/- has been credited to the S.B. account of the complainant on dt. 28/01/2021. As such the complainants demand of Rs.207,456/- is genuine.
Last not the least the issue No.5 is important towards the liability of the S.B.I and SBI credit card . It is pertinent to mention here that the SBI and the SBI credit card are separate entity as per the version of Op No.1 but it is on pen and paper both have the same liability as because the SBI is the promoter of SBI card with a Joint venture business with GE capital where 75 % equity share owned by SBI. The chairperson of SBI credit card appointed by SBI and also due to Board of directors SBI has full control over SBI credit card SBI making a secret business for making profit by using the S.B passbook holders persuading them for smooth transaction in net banking. And issue a credit card in their favour having good faith upon SBI and taking the good will in to consideration the account holders, Issue a credit card in his favour and cheated like as the present case in hand is the burning example As such being Joint venture with GF capital and also as the promoter of SBI credit card S.B.I does not shift the burden of liability on the shoulder of SBI credit card by saying both are separate entity.
Taking the above fact and circumstances this commission feels and observe that the Op No.1 and 2 are severally liable , but OP No.2 is more liable for suppression of fact and payment of the dues and liable to pay the same OP No.1 also vigilant and serious towards how the payment made by OP No.2 as early as possible otherwise all the liability shifted to its shoulder for payment of excess amount received by OP No.2. Hence Order.
ORDER
OP No.2 ( SBI Credit Card) is directed to pay a sum of Rs.2,07,450/-9% interest per annum from the date of filing of the case till date of order and Rs.50,000/- towards mental agony and Rs.5,000/- towards litigation expenses should be paid within one month from the date of order failing which the entire amount should be paid by OP No.2 @12% interest per annum from the date of order till realization .
PRONOUNCED IN THE OPEN COMMISSION TODAY i.e DATED 10TH DAY OF July’2023.
