West Bengal

Paschim Midnapore

CC/65/2014

Dr. Abhisek Chakrabarty. - Complainant(s)

Versus

Branch Manager, State Bank of India, - Opp.Party(s)

18 Mar 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.65/2014                                                                                             Date of disposal: 18/03/2015                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

 For the Complainant/Petitioner/Plaintiff : Mr. A. Chakraborty, Advocate.

 For the Defendant/O.P.S.                       : Mr. M. Mukhapadhyay, Advocate.                                   

          

 Dr. Abhisek Chakrabarty, S/O Pankaj Chakrabarty, Residing of Pearabagan, Subhaspally, P.O.

 Kharagpur, P.S. Kharagpur (T), Dist. Paschim Medinipur, PIN.721301…………..Complainant

                                                           Vs.

 Branch Manager, State Bank of India, Kharagpur (IIT) Branch (Code-202), P.O. Kharagpur, P.S. 

 Kharagpur (T), Dist. Paschim Medinipur, PIN. 721302..……………Op.

          The case of the complainant Dr. Abhisek Chakrabarty, in short, is that the complainant used to enjoy SBI Credit Card facility with a credit limit Rs.24,000/- under the assured service facilities of the OP Branch Manager SBI, Kharagpur.  It is alleged that after receiving the said SBI Credit Card the OP did not give any kind of service facility.  Particularly when on 28/12/2013 the complainant went to the OP/ Bank for getting relevant information as to how the credit limit can be enhanced in respect of present limit of his SBI Card.  But one Assistant on duty sitting at Counter No.3 in the Branch premises of OP/SBI, made an information saying We don’t deal with SBI Card, that is a completely separate/private entity. Go to their web site for required information. On being dissatisfied with the alleged reply, the complainant ultimately approached to the Branch Manager.  No satisfactory advice or guideline for the purpose of enhancement of credit limit was practically given to the complainant.  As a result, the complainant suffers from the alleged service in connection with the SBI Card facilities.  The legal notice stating the grievance of the complainant that already served upon the OP has not earned any favourable action from the OP.  Stating the case the complainant has come before us for appropriate direction to the OP for SBI Credit Card service and also for compensation of Rs. 1,00000/- with litigation cost.   

       The Op contested the case by filing written objection challenging that the case is not

Contd……………….P/2

 

                                                                - ( 2 ) -

 

maintainable for want of cause of action and the same is bad for defect of parties.  It is admitted by the OP that the SBI card system is a separate wing    and completely private entity.  There is no relation with the OP/SBI Bank.  In this connection, it is stated by the OP/Bank in its affidavit in opposition that the Vice President, Customer Services and Chief Nodal Officer, SBI Cards and Payments Services Ltd. DLF Infinity Towers, Tower C 12^th Floor, Block 2 Building 3, DLF Cyber City, Gurgaon, Hariyana and SBI Cards and payment services Ltd.  French Motor Card Buildings, 3rd Floor 234/3A, AJC Bose Road, Kolkata 700 020 are the necessary parties in this case.  Thus, unless they are not impleaded, the case should be dismissed.

          Upon the case of both parties the following issues are framed.

Issues:

1)Whether the case is maintainable in its present from?

2)Whether the complainant has any cause of action for presentation of this petition of complaint?

3)Whether the case is bad for non-joinder of necessary parties?

4)Whether the complainant is entitled for getting relief as prayed for.?

 

Decision with reasons

Issue Nos.1 to 4:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that SBI Credit Card has been issued by the OP/Bank but in question of enhancement of credit limit, it is stated that the matter is exclusively a separate entity and thereby this OP has no relation with the SBI Credit Card System.  In this connection, it is surprisingly pointed out by the Ld. Advocate that before issue of SBI Credit Card there is no such information or any kind of indication thereto.  In the regular advertisement, the OP/SBI is explicitly displaying through advertisement that Savings A/C value added specialities are-Debit Card, Internet Banking, Mobile Banking, Credit Card etc. the advertisement also includes for customer care, consultation service etc. The State Bank of India publicly gives advice for  Opening One Savings Bank Account…………and Hope and Expect more & more services from us. If that be so in reality, why the complainant was made harassed for seeking information in connection with the SBI Credit Card. Here in this case, the complainant came to the Forum for seeking relief in respect of giving non service as alleged in the petition of complaint.  Through the argument, Ld. Advocate presses for allowing the case of complainant for prolonged harassment and misbehavior of the OP/SBI.

Contd……………….P/3

 

                                                                - ( 3 ) -

 

             Strong objection is made by the Ld. Advocate through his reply that the OP has already taken necessary arrangement for enhancement of credit limit and thereby no grievance lies in the case of the complainant.

            As regard to the Credit Card service there is a distinguished process which is already known to the complainant.  So, he has no purpose with the Bank employees for any kind of information relating to SBI Credit Card.  Thus, there is no deficiency of service and as such the case should be dismissed.

           Having heard the argument as above, we have carefully considered the case of both parties.  It is admitted that during the pendency of the case the basic requirement for enhancement of credit limit has already been done as desired by the complainant.  Only question for disposal of prayer for compensation is a subject to be determined.  Considering the alleged conduct, documentary evidence and material advertisement,  it appears that the authority of the OP/SBI in fact, totally absent in the process of giving service to the consumer to whom the OP/Bank allowed SBI Credit Card in accordance with their system.  So, dealings with the customer should be adequately in consonance with the representation of the advertisement and circulars time to time come into effect.  But the practice is explicitly different as revealed in petition of complaint.

          In view of the facts and circumstances, it has come to our notice that the request for enhancement of credit limit has already been accomplished by the OP during pendency of this case.  This conduct together with other material evidence on record, it appears that the mode and object of the representation through advertisement and letters sent to the complainant questioning the service to the consumers goes to attract unfair method and practice in promoting their financial business.

         Following the observation as above, it is held and decided that the complainant has suffered due to deficiency in service from the end of the OP/SBI and as such he should be somehow compensated by the OP/Bank.

        Thus, the issues are disposed of in favour of the complainant.

         Now, in question of fixation of just and reasonable amount of compensation is to be determined with the help of material evidence relating to the nature of harassment, sufferings, status and social position of the complainant in the context of the issue on enhancement of credit limit with the OP/SBI.  For this purpose, everything is taken into consideration.  So, we have again perused the entire case.  It appears that the complainant is an educationist moving abroad depending on the facility of the Credit Card and at the same time having been harassed by the Op/SBI, Kharagpur Branch merely for approaching them for enhancement of credit limit in question.  So, an amount of Rs.10,000/- (Ten thousand) only, if we fix on account of

Contd……………….P/4

 

                                                                - ( 4 ) –

 

compensation, may be justified, reasonable and effective which may serve the spirit of Consumers justice system.  

                                           Hence,

                                          It is Ordered,    

                                                             that the case be and the same is allowed  on contest  with cost.

          The complainant do get a compensation to the amount of Rs.10,000/- (Ten thousand) only payable by the OP/SBI, Kharagpur Branch within 30 days from this date, failing which, the amount shall accrue interest @ 8.5% p.a.  

Dictated & Corrected by me

              

         President                          Member                                 Member                             President

                                                                                                                                       District Forum

                                                                                                                                  Paschim Medinipur.