In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 20 / 2009 1) Mr. Uttam Das, 43/C, Bidyayatan Sarani, Alambazar, Kolkata-700035. ---------- Complainant ---Verses--- 1) Barclay Card, P.O. Box no. 11567, Nariman Point, Mumbai-400021. 2) The Director, Barclay Road, Nariman Point, Mumbai-400021. 3) BSA Infomedia Pvt. Ltd., 8/38, Fern Road, 2nd Floor, Kolkata-700019. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member Order No. 1 3 Dated 1 2 / 0 1 / 2 0 1 0 . The present case arises out of a petition of complaint filed by the complainant Mr. Uttam Das on 15.1.09 u/s 12 of the C.P. Act praying for issuing direction upon the o.ps. to withdraw, recall and/or rescind the monthly statement for the months of August to September 2008 on wards and for issuing further direction upon o.p. no.1 to correct the monthly statement of the complainant for the month of August to September, 2008 and also other monthly statements after withdrawing the amount of Rs.5000/- towards his membership charges and interest and further directing the o.ps. more particularly, o.p. no.3 not to create any disturbance to the petitioner for the alleged recovery of the statement of amount through their agents and to pay compensation of Rs.50,000/- and litigation cost of Rs.25,000/- to the complainant. Fact of the case in short is that on the approach by the men and agents of the o.ps. petitioner took a credit card of the o.ps. bearing no. 4339481032503829 which was provided by the o.p. no.1 of the credit limit of Rs.23,000/-. Petitioner thereafter purchased certain materials on the credit card worth of Rs.20,722/- on 21.7.08 and the said transaction was also reflected in the statement of the petitioner for the period from 23.6.08 to 8.8.08 and the petitioner was asked to make payment of Rs.1040/- by the o.p. no.1. But it is surprising to note that despite the payment received by the o.p. in terms of the earlier statement generated by them the available credit balance shown as nit and further complainant was charged an amount of rs.5000/- towards the membership charge of Barclay Card Priority CIRC. Complainant became utterly surprised to note the contents of the said statement and contacted the o.ps. on their toll free number, but non of the members of the o.p. could give any satisfactory explanation as to why the complainant was charged with the said amount without intimation to the complainant. Complainant thereafter prayed for cancellation of his Barclay Priority Circle Membership, but through a letter dt.12.11.08 complainant was intimated that it was not possible for the o.ps. to cancel such card and in its stead o.ps. went on raising the statement after statement showing the said amount of Rs.5000/- against the money of the complainant due and payable by the complainant along with the interest and penalties. Further o.ps. through their men and agents have been trying to squeeze money from the complainant illegally in the garb of recovery of credit and they also threatened the complainant in various manner by sending musclemen. Hence the complainant has filed this case against the o.ps. with the aforesaid prayers. Decision with reasons : Admittedly, complainant took a credit card of the o.ps. bearing no. 4339481032503829 and the credit limit was Rs.23,000/-. It is relevant from annex-D. It is also evident from annex-B showing his total purchase on the basis of the credit card amounts to Rs.20,722/-. It also appears from the said statement, annex-B that on 30.8.08 they charged Rs.5000/- from the complainant. It appears from annex-D; a letter written by the complainant dt.21.11.08 wherein he has stated alleging therein that the amount charged is wrong which he communicated over telephone to the officer of the o.p. and he expressed his willingness to repay the purchase amount and he was not willing to pay any excess amount. In his letter dt.24.11.08 he has also complained of wrong statement from the o.ps. and he expressed his willingness to pay the actual amount. We have also perused the letter of the complainant written to Regional Manager, Barclays Credit Card, Kolkata, dt.19.12.08 on the subject of making complaint against the disputed credit card statement wherein he has stated that when his permission and intimation o.ps. have charged some amount of money over and above the principal amount and he also requested them to settle the dispute on receipt of principal money from the complainant. Similar is the reflection of his grievance available from his letter dt.29.12.08. His prayer for cancellation of Barclays Priority Circle Membership Card was turned down by the letter of the o.p. no.1, annex-F. But even thereafter the o.p. no.1 sent on raising statement showing the said amount of Rs.5000/- vide annex-G collectively. We have also perused the evidence of the complain ant filed on 1.7.09 wherein he has stated all about the facts of the case particularly, ventilating his grievance against the o.ps. and all his evidence is corroborative in nature with the averments made out in the pleadings. Complainant has also filed his BNA. We have perused the same and noted its contents. Having due regard to the circumstances and the facts supported by evidence on oath and documentary evidence we are of the opinion that there is deficiency of service on the part of the o.ps., accordingly, we find merit in the case of the complainant. Hence, Ordered, That the petition of complaint is allowed ex parte with cost against the o.ps. The o.ps. are directed to withdraw and/or raising the monthly statements for the months of August to September, 2008 and onwards and the o.p. no.1 is directed to correct the monthly statement for the month of August to September, 2008 received by the complainant on 1.11.08 and other monthly statements in terms of annex-G to the petition of complaint after withdrawing amount of Rs.5000/- (Rupees five thousand) only towards membership charges. The complainant is awarded compensation of Rs.10,000/- (Rupees ten thousand) only and litigation cost of Rs.2000/- (Rupees two thousand) only payable by the o.ps. within 45 days from the communication of this order, failing which, it will carry interest @ 10% p.a. till full realization. The o.ps. are further directed not to create any disturbance to the complain ant by sending men or agents for the recovery of the amount. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. _____Sd-______ ______Sd-_______ MEMBER PRESIDENT | 
