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. 65/2007

Dated : 16.11.2009

Complainant:

G. Sreekumar, Sreelakshmi, T.C.37/1077, AERA 173, Arayalloor, Thirumala, Thiruvananthapuram – 06.

Opposite parties:

1. Bharadwaj Ryali, Payment Assistance Unit, SBI Card, SBI Local Head Office, 11 Parliament Street, New Delhi 110002.

    

2. Jeevan Joy, Local Officer, SBI Cards, Near Jubilee Hospital, Palayam, Thiruvananthapuram.

(By Adv. A. Abdul Kharim)

This O.P having been heard on 10.11.2009, the Forum on 16.11.2009 delivered the following:

ORDER

SMT. S.K.SREELA : MEMBER

The case of the complainant is as follows: The petitioner is the holder of SBI Credit Card No. 4317575017489569. The complainant never used the SBI Card for the first year, within its validity period. In the next year the 1^st opposite party renewed the SBI Card without any written application. During the above period the 1^st opposite party did not send any statement on the credit status of the complainant. Now, on 07.01.2007 the 1^st opposite party has sent a notice to the complainant stating that an amount of Rs. 5,094.07 is the current outstanding balance and offered to settle the same by remitting an amount of Rs. 2,480/- before 28.02.2007. On enquiry complainant was told that an amount of Rs. 877.26 is at the credit of the complainant as on 02.09.2004 and based on this the 1^st opposite party worked out the present outstanding balance. On 17.08.2004, complainant made a purchase from Kalyan Silks, Thrissur for an amount of Rs. 2,773.40 by using the above SBI Card and on 31.08.2004 complainant remitted an amount of Rs. 2,800/- at the SBI Card collection centre, Thiruvananthapuram. Before this transaction complainant did not use the SBI Card and the 1^st opposite party did not intimate anything about the amount at credit. The complainant is still unaware of the fact that how the 1^st opposite party has arrived at an amount of Rs. 874.60 as opening balance at credit. It is an unfair trade practice and 1^st opposite party is trying to collect the money which the complainant is not liable to pay. Hence this complaint.

Opposite parties filed their version, but since they were continuously absent to contest the case, they were set exparte.

The issues that would arise for consideration are:-

1. Whether there is any deficiency in service on the part of the opposite parties?

2. Whether the complainant is entitled for any of the reliefs claimed in the complaint?

Points (i) & (ii):- The credit cards issued by the opposite parties marked as Exts. P1 & P3 prove that the complainant has been issued with SBI Card bearing No. 4317575017489569. Ext. P2 is the credit card issued in the name of complainant's wife. The complainant has sworn that, without his consent or without a written request from him, the opposite parties have renewed the card No. 4317575017489569 upto 07/06. Furthermore the complainant pleads that during the first one year they have not used the card, but on 17.08.2004, he had made a purchase using the said card for Rs. 2,773.40 and the complainant had paid the said amount of Rs. 2,800/- to the franchisee of the SBI Card. Ext. P5 proves the same. The complainant alleges that, he has been issued with a statement of account wherein Rs. 877.76 is stated as due from him. As per Ext. P6 it is seen that Rs. 864/- is the opening balance. Complainant alleges that there ought to have been previous transaction, previous account and debt in order to have the said opening balance and the complainant had not made any previous transaction other than the one referred for which the dues have been cleared also. The complainant, PW1, has not been cross examined by the opposite parties, hence his affidavit stands unchallenged. Opposite parties have not furnished any statement of accounts or any such evidence to substantiate their claim of Rs. 5,094.07 as per Ext. P7. Ext. P8 dated 29.04.2008 has been issued to the complainant after the filing of the complaint. As per Ext. P8 the complainant has been asked to clear the outstanding dues amounting to Rs. 7396.83 within a period of seven days of the receipt of the same. The opposite parties have not adduced any evidence to substantiate the said claim and the details of the said claim has not been produced by the opposite party. As the opposite parties have not produced any documents and since the opposite parties have not challenged the documents produced by the complainant, we are of the view that the allegation levelled against the opposite parties are true. As a financial institution, duty cast upon the opposite parties were of a higher degree of care and caution which the opposite parties have failed. On the basis of the documents and affidavit on record, we find that the opposite parties are 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 parties. The opposite parties shall stop such unfair trade practice and shall cancel the said card and close the account of the complainant with immediate effect. The opposite parties shall also pay Rs. 3,000/- as compensation and Rs. 1,000/- as costs to the complainant within a period of one month failing which the above mentioned 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 16^th day of November 2009.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

C.C. No. 65/2007

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - G. Sreekumar

II COMPLAINANT'S DOCUMENTS :

P1 - SBI Card bearing No. 4317575017489569 in the name of

complainant.

P2 - SBI Card bearing No. 4317575017489577 in the name of

R. Lekshmi.

P3 - SBI Card bearing No. 4317575017489569 in the name of

complainant.

P4 - Bill dated 17.08.04 for Rs. 2,773/- issued by Kalyan Silks.

P5 - Temporary cash/DD/cheque collected receipt dated

31.08.2004 for Rs. 2,800/-.

P6 - Monthly statement dated 02.09.2004.

P7 - Letter dated 23.01.2007 issued by 1^st opposite party to the

complainant.

P8 - Demand notice issued to the complainant dated 29.04.2008

P9 - Reply letter dated 15.05.2008 issued by the complainant

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT