SRI JIBAN KRUSHNA BEHERA, MEMBER (I/C)
The Complainant has filed this complaint petition U/s 35 of the Consumer Protection Act, 2019 (here-in-after called as the “Act”) alleging deficiency in service against the Ops claiming compensation.
2. The factual matrix of the case is that the complainant is savings account holder bearing No.30594277777 as well as credit card holder bearing No.5287347824512345 under the Ops. The complainant has alleged that in the month of September, 2022, he has received 2000 reward points, in the month of October, 2022 he has received 6000 reward points for his valued transaction and he redeemed the same rewards on various dates i.e. on 26.9.2022, 12.10.2022, 20.10.2022 & 23.10.2022 on reward points of 2000 each amounting to Amazon cash voucher of Rs.500/- on each date, totalling to 8000 reward points equivalent to Rs.2000/- amazon cash vouchers. The reward winning and receiving of the reward and also the redeem of the reward completed during the month of October, 2022 successfully by him which was also acknowledged and allowed by the Ops. During the month of December, 2022, the Ops, without any reason, illegally debited Rs.783.75 paisa on 27.12.2022, Rs.1368/- on 28.12.2022, Rs.177.50 paisa on 31.12.2022 and 2000 reward points equivalent to Rs.500/- Amazon cash voucher from his account. Thus, the complainant requested the Ops for refund of the debited amount, but they did not pay any heed to it. Hence, alleging deficiency in service committed by the Ops towards him, the complainant has filed the case.
3. In the present case, the OP No.1 and OP No.2 & 4 appeared and filed their respective versions whereas OP No.3 did not appear for which he was set ex parte.
4. In his written version, OP No.1 has stated, inter alia, that the SB Account of the complainant bearing A/c No.30594277777 under the OP No.1 is no way linked or corresponds to the SBI Card bearing No.5287347824512345 operated by OP No.2 & 4. Moreover, the statement of account of the SB Account and the statement of account of SBI Card are totally different. It is further stated that SBI Cards and Payments Services Limited are separate and distinct legal entity with their separate management, guidelines and instructions from the State Bank of India and the day to day affairs, activities and transactions of SBI Card are monitored by SBI Card only and the SBI has no access to their transactions. The transactions, as alleged by the complainant, are related to SBI Card only and the SBI has no role to play in the matter. Hence, it is prayed to dismiss the case with cost.
5. OP No.2 & 4 have stated that in the month of January, 2021 the complainant made an application for issuance of Card and accordingly SBI Credit Card bearing No.0005287347824512345 was issued against him. As per the SBI Card policy, any customer can avail one offer on his card, either RP or cash back/discount on any particular transaction thereof. It is further stated that SBI Cardholder are advised to pay total amount due as per monthly statements to avoid any charges or have the option to pay at least minimum amount due to avoid late payment charges and the process continues till the complete outstanding is cleared. In case the payments are missed or outstanding on the Card is received less than the total amount due, then interest charges are applied on the balance amount and also applicable on all the fresh charges incurred in the same month and the charge will be levied at 3.35% per month excluding service tax. Further, the complainant has filed the case without disclosing the entire facts. Hence, they prayed to dismiss the case with cost.
6. In view of the above averments of parties, the points for determination in this case are as follows:-
(i) Whether the Complainant is a Consumer or not?
(ii) Whether the complainant has cause of action to file this case?
(iii) Whether this consumer case is maintainable?
(iv) Whether there is any deficiency in service on the part of the OPs?
(v) Whether the complainant is entitled to get the relief, as sought for?
(vi) To what other relief(s), the Complainant is entitled to?
F I N D I N G S
7. In support of his case, the complainant filed the photocopies of Transactions History, Redemption History, Card Statement vide Annexure-1 to 3. OP No.1 has filed the statement of account in respect of the complainant from 1.9.2022 to 31.12.2022 and SBI Card monthly statement vide Annexure-A & B. OP No.2 & 4 have not filed any document.
8. From the documents filed on behalf of the complainant vide Annexure-1, it reflects that the history of the transaction was made from 6.12.2022 to 24.2.2023 in the Card of the complainant. Annexure-2 shows the delivery of the points achieved through Amazon pay e-gift card. Annexure-3 reflects that the complainant had redeemed and earned the points in respect of his Card from October, 2022 to February, 2023. The very fact of this case is that the complainant has received 2000 reward points in the month of September, 2022 and 6000 reward points in the month of October, 2022 for his valued transaction and he redeemed the same rewards on various dates i.e. on 26.9.2022, 12.10.2022, 20.10.2022 & 23.10.2022 on reward points of 2000 each amounting to Amazon cash voucher of Rs.500/- on each date, totalling to 8000 reward points equivalent to Rs.2000/- amazon cash vouchers. In this respect, the complainant has not produced any document to believe that he had actually received 8000 reward points and redeemed the same in the month of September, 2022 and October, 2022 and Rs.2000/- amazon cash vouchers was credited in his Card account. That apart, the complainant further alleged that during the month of December, 2022, the Ops, without any reason, illegally debited Rs.783.75 paisa on 27.12.2022, Rs.1368/- on 28.12.2022, Rs.177.50 paisa on 31.12.2022 and 2000 reward points equivalent to Rs.500/- Amazon cash voucher from his account. In this connection also, the complainant has not submitted any document that the Ops have debited the aforesaid amounts from his account. To taste the veracity, from the statement of accounts in respect of the account of the complainant submitted by OP No.1, it is found that no such amount were debited from the account of the complainant nor a sum of Rs.2000/- was credited in his account during the month of October, 2022 which he has achieved through Card transactions. The complainant has further failed to prove that his SB Account bearing No.30594277777 operated with OP No.1-Bank was linked or corresponds to the account of the SBI Card bearing No.5287347824512345 operated by OP No.2 & 4. It is pertinent to mention here that the statement of account maintained by OP No.1-Bank and the statement of account of the SBI Card maintained by OP No.2 & 4 are different and not linked with each other. That apart, SBI Cards and Payments Services Limited have separate and distinct legal entity with their separate management, guidelines and instructions from State Bank of India and the day to day affairs, activities or transactions of SBI Card are monitored by SBI Card only and OP No.1-Bank has no nexus in their transactions. In the present case, the transactions, as alleged by the complainant, are related to SBI Card only and the OP No.1-Bank cannot be equated with their transactions. Further, the statement of account of both the entity are also not related with each other. Besides the above, the claim of the complainant with regard to debit of the amount, as reflected in his complaint, has not been substantiated with any documentary evidence. In this regard, not a single document is produced on behalf of the complainant. It is the duty of the SBI cardholder/complainant to pay total amount due as per monthly statements to avoid any charges or have the option to pay at least minimum amount due to avoid late payment charges and in case the payments are missed or outstanding on the Card is received less than the total amount due, then interest charges are applied on the balance amount which is also applicable on all the fresh charges incurred in the same month.
9. From the above discussions made in the foregoing paragraphs, it is clearly made out that the complainant has filed the present case against the OP No.1-Bank haphazardly without any rhyme and reason alleging deficiency in service which a reputed financial institution has no role to commit such type of deficient activity. In the present case, the complainant has not placed any document to show that he had lodged any complaint before the appropriate authority of the concerned Bank before 30 days from filing of the case. That apart, as it is seen from the case record, the complainant has also not approached before the Hon’ble Banking Ombudsman. Therefore, it is held that the complainant has miserably failed to establish the charge of deficiency in service against the Ops. Consequently, the complainant has no cause of action to file the case and the case is not maintainable.
Hence, it is ordered –
O R D E R
The case of the complainant be and the same is dismissed on contest against the O.Ps No.1, 2 & 4 and on ex parte against OP No.3. In the facts and circumstances of the case, no order as to costs.
Pronounced in the open court of this Commission, this the 19th day of November, 2024 under my signature & seal of the Commission.
