Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : none
Date of filing of the case :30.03.2021
Date of Disposal of the case :03.05.2023
Final Order / Judgment dtd.03.05.2023
Complainant above name files the case u/s 35 of C.P.Act 2019 against the aforesaid OP praying for refund of Rs. 4665.13, interested @ 12% per annum over the said amount, Rs.20,000/- as compensation and Rs. 10,000/- as cost of the case.
He alleged in the petition of complaint that he has one bank account with the OP vide account no. 918010059668506.
He never prayed for any credit card before the OP.
Even OP never issued any credit card in his favour but on 29.08.2020 he came to OP bank then bank informed him that she used credit card for Rs. 24,240/-.
Thereafter complainant noticed that on 13.10.2020 an amount of to Rs.4665.13 has been deducted from her account.
OP appointed recovery agent for recovery of credit card amount amounting to Rs. 27,000/- and they the misbehaved with the complainant .
Hence, the complainant filed this case.
On perusal of order no. 30 we find that Op not yet filed W/V within the statutory period, hence the case is running ex-parte against him.
TRIAL
During trial complainant filed affidavit-in-chief.
DOCUMENT
During trial complainant files following documents.
1.Original pass book and also filed statement in respect of credit card
2. Copy of voter card.
3. Copy of Aadhaar card
4. Copy of lawyer’s notice along with postal receipt.
DECISION WITH REASONS
It is the allegation of the complainant that he never applied for credit card before the OP and OP never issued any credit card in favour of the complainant.
On perusal of the original bank Pass Book of the complainant it appears that OP deducted amount to Rs. 4665.13 on 13.10.2020.
On perusal of the credit card statement we find that transaction has noted with the merchant namely Nobroker technology solution on 29.08.2020 with the amount of Rs.24, 220/-. In the said document Rs. 4665.13 has been debited on 13.10.2020.
In the present case OP is not contesting, so we could not hear him on this point. Complainant filed affidavit-in-chief.
Considered the same.
He in his affidavit-in-chief stated that he never applied for credit card.
Even OP never issued any credit card in his favour .
Evidence of complaint is nothing but unchallenged testimony so we do not find any reasons to disbelieve the same.
Accordingly, we have no other alternative but to presume that complainant never applied for credit before the OP and OP never issued any credit card in his favour. So any kind of transaction relating to said credit card should not be liable upon the complainant.
Having regard to the aforesaid discussion we are of the firm view that complainant has able to establish his case.
In the result present case succeeds.
Hence,
It is
Ordered
Hence the present case be and same is allowed ex-parte against the OP with cost of Rs. 1,000/- to the paid by OP to the complainant.
OP is directed to refund Rs.4665.13 (four thousand six hundred sixty five ) in favour of the complainant within the 1 month from this date failing which aforesaid amount shall carry interest @ 9 % per annul for this date to till the date of actual payment and complainant shall have liberty to pay this order in to execution.
OP is directed not to claim any amount in respect of transaction of aforesaid credit card from the complainant.
OP is further directed to pay Rs.2,000/- as compensation in favour of the complainant within one month from this date failing which complainant shall have liberty to put this order in to execution.
Let a copy of this order be supplied to the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I, concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
