BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 87/2008 Filed on 24.04.2008

Dated : 15.04.2009

Complainant:

Santhosh Raghav, 'Rohini', Chekkalamukku, Near Leela Kalyana Mandapam, Sreekariyam, Thiruvananthapuram.

(By adv. Kulathoor S.V. Premakumaran Nair)

Opposite party:

Authorized Signatory, SBI Cards, Uthradam Building, Top Floor, Rohini Tyres, Panavila Junction, Thiruvananthapuram.

(By adv. A. Abdul Kharim & R. Ranjit)

This O.P having been heard on 01.04.2009, the Forum on 15.04.2009 delivered the following:

ORDER

SMT. S.K.SREELA : MEMBER

The complainant who is a homoeo doctor has filed this complaint against the opposite party alleging as follows: Because of the pressure and tactics played by the opposite party against complaint, complainant was forced to purchase one SBI Credit Card No. 4317575074091571. Complainant never used the credit card nor he purchased anything by using this credit card. Demand was made by the opposite party to the complainant for paying an amount of Rs. 9456/-. Complainant tried to convince the opposite party and informed that the complainant never used the credit card issued by the opposite party. On 30.01.2007 he contacted the opposite party and expressed his willingness to cancel the credit card. The complainant cancelled the said credit card by paying an amount of Rs. 100/-. Even after the cancellation of the said credit card opposite party forwarded statements every month directing the complainant for paying an amount towards debit flexi pay amount and delayed payment amount. Complainant contacted opposite party through e-mail and explained complainant's grievances. In the reply to e-mail opposite party stated that, charges were levied towards Super Suraksha Policy an insurance claim policy towards complainant. Complainant never authorised anyone to issue Super Suraksha Policy or to debit complainants card for Super Suraksha. Opposite party is now demanding to pay an amount of Rs. 9,456/-. This act happened because of the wilful negligence and deficiency in service from the part of the opposite party. Hence this complaint for redressal of his grievances.

The opposite party accepted the notice issued from the Forum and never turned up and hence they remain exparte.

The complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P5, he has not been cross examined and hence his affidavit stands unchallenged.

The issues that would arise for consideration are:-

1. Whether the complainant is entitled to pay the amount claimed by the opposite party?

2. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?

3. Reliefs and costs.

Points (i) to (iii):- The statement of accounts which has been marked as Ext. P1 reveals that the complainant is the holder of the credit card bearing No. 4317575074091571. The complainant has pleaded that he has never used the credit card nor has he purchased anything using this credit card inspite of that he had paid Rs. 100/- for cancelling the credit card. Payment of Rs. 100/- is proved by Ext. P2, wherein there is an endorsement on the overleaf with regard to the payment towards cancellation. But the opposite party has never turned up to deny the same or contest the matter and they have not filed their version either denying the allegations levelled against them. In such a circumstance, this Forum is left with no other option than to accept the pleadings in the complaint. The records produced by the complainant proves that the complainant has been asked to remit further amounts even after the clearance of the entire dues. When the opposite party has accepted Rs. 100/- and issued Ext. P2, it was incumbent upon the opposite party to have ensured that it was duly credited to the complainant's account. Now the opposite party has claimed Rs. 8059.39 as per Ext. P1 and as per Ext. P5, the amount has been enhanced to Rs. 9,456/- from the complainant, the details of which have not been provided by the opposite party. As a financial institution, duty upon the opposite party was of a higher degree of care and caution which they have failed. Having received the amount for cancellation from the complainant, the opposite party is bound to account the same and cancel the card accordingly.

On the basis of the documents and affidavit, we find that the opposite party is guilty of deficiency in service and unfair trade practice.

In the result, the complaint is allowed and the complainant is found not liable to remit any further amount to the opposite party. The opposite party shall stop such unfair trade practice and shall cancel the card and close the account of the complainant with immediate effect. The opposite party shall also pay an amount of Rs. 3,000/- (Rupees three thousand only) as compensation and Rs. 2,000/- (Rupees two thousand only) as costs to the complainant within a period of one month failing which the above amounts shall carry interest @ 12%.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 15^th April 2009.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

C.C. No. 87/2008

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Monthly statement of card No. 4317575074091571

dated 09.09.2007.

P2 - Temporary cash/DD/Cheque collected receipt No.

7350112 dated 30.01.2007.

P3 - Copy of e-mail message dated 14.09.2007.

P3(a) - Copy of e-mail message dated 21.09.2007.

P3(b) - Continuation of Ext. P3(a).

P3(c) - Copy of e-mail message dated 25.09.2007.

P3(d)- Copy of e-mail message dated 26.09.2007.

P3(e) - Copy of e-mail message dated 26.09.2007.

P3(f) - Copy of e-mail message dated 29.09.2007.

P4 - Copy of advocate notice dated 18.04.2008

P5 - Reply notice dated 26.03.2008.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT