West Bengal

Bankura

CC/15/2022

Fazlul Rahaman Middya - Complainant(s)

Versus

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

Self

26 Jul 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 15/2022

Date of Filing: 14.06.2022

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Self

For the O.P.1 : Ld. Advocate Prasun Kr. Banerjee

For theO.P.2  : Ld. Advocate Partha Pratim Patra

Complainant  

Fazlul Rahaman Middya,  S/O Izad Box Middya, Vill-Amsole, P.O.Radhamohanpur,P.S. Sonamukhi, District- Bankura, PIN-722 207, Mob-9641930445.

Opposite Party  

1.Branch Manager, State Bank of India, Sonamukhi Branch, P.O. & P.S.Sonamukhi,  Dist. Bankura, PIN-722 207, Mob-8001195373

2.Manager, SBI CARD HEAD, Sonamukhi, P.O. & P.S. Sonamukhi, Dist. Bankura, PIN-722 207                                                                                                                                                  

 FINAL ORDER / JUDGEMENT                         

                                                                                                                                  

Order No.12

Dated:26-07-2023

The Complainant is present in person by filing hazira

O.P.1 files hazira through Advocate.

No step is taken by O.P.2

The case is fixed for argument. After hearing arguments from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant has narrated in this case shocking state of affairs of SBI Credit Card Authority (O.P.2) and their inaction and apathy to the redressal of the grievance of the Complainant who is a customer of SBI A/c No.34377750247 under O.P.1. In the month of October, 2020 the Complainant on receipt of telephonic call from O.P.2 went to the Branch where he was offered with the issue of an SBI Credit Card and thereafter he received the same through post bearing No.6528989407971757 and using the said SBI Credit Card the Complainant on 22/12/2020 purchased petrol worth Rs.500 only from a Petrol Pump at Sonamukhi and thereafter on 22/01/2021 he again purchased petrol worth Rs.500/- in the same way. Being a first time user of SBI Credit Card the Complainant out of curiosity visited O.P.2 regarding mode of payment and they assured him of no anxiety as deduction will be made from his SBI Account through Auto Debit process. On updating his Pass Book on 18/02/2022 he found that some deduction has been made from his SB A/c as minimum due showing outstanding amount more than Rs.3,500/-. Being doubtful of such transaction he enquired of the O.P.2 Authority as to why the outstanding amount is shown so high than the purchased value of petrol for Rs.1,000/-. The O.P.2 Authority could not justify the said deduction and in fact the Complainant found on verification of his Pass Book that every month the outstanding amount is on the increase and a minimum due is deducted from his Account through Auto Sweep System.                                                                                                                                                                                                                                                                                 Contd…….p/2  

Page: 2

Being dissatisfied with the service and transaction with the aforesaid SBI Credit Card the Complainant through mail asked the O.P.2 Authority to close his SBI Credit Card but the funny thing is that without closing the Card the Complainant received a new SBI Credit Card to his Home Address bearing No.6528989645290572 and the process of deduction has been continuing unabated with the outstanding amount increasing month by month. As on 19/07/2022 a total amount of Rs.12,869/- has already been deducted from his account showing the outstanding amount at Rs.33,333/- till date.

The O.P.2 Authority is so inhuman that they are constantly pressurizing the Complainant and sending Collecting Agent for payment of the outstanding amount. The Complainant has virtually broken down at the mistreatment, harassment and inaction of the O.P.2 Authority without any redressal of grievance.

The Complainant has therefore approached this Commission for appropriate direction and relief in the facts and circumstances of the case. Be it mentioned here that on the intervention of this Commission by Order dated: 23/11/2022 the O.P.2 Authority was compelled to stop the Auto Debit mandate from the Account of the Complainant.

O.P.1 SBI Authority filed a written version contending inter alia that the SBI Credit Card is a different Organization having no relation with O.P.2 and as such they have no liability in this case. They only maintain the A/c of the Complainant where the transaction takes place at the behest and instance of O.P.2 Authority. Though O.P.2 made their appearance through Advocate but they did not prefer to file any written version to contest the case for the reason best known to them.                                                                                                                                 

-: Decision with reasons: -

The Commission has gone through the entire facts of the case as depicted in the petition of complaint and the additional petition filed on 26/07/2023 where the Complainant has narrated the entire facts in detail. The Commission has also perused the disputed transaction details under the aforesaid SBI Credit Card.

At the outset it should be remembered that the Complainant did not voluntarily ask for issuance of Credit Card but on the pressure of O.P.2 Authority he had to comply with the advice of the O.P.2 Authority and received the first SBI card as mentioned above and thereafter a second Credit Card which is also referred to above. There is no explanation from the O.P.2 Authority as to why the Complainant was subjected to drop the first Credit Card and obtain the second Credit Card. Such Credit Card has come as a curse to the Complainant without ameliorating any financial problem of the Complainant. The Commission is given to understand that an Account holder who has only purchased petrol of Rs.1,000/- in all has to incur an outstanding liability of Rs.33,333/- till date. No explanation is forthcoming as to why the entire amount of Rs.500/- in two successive transactions for purchase of petrol has not been deducted from his Savings Account though sufficient balance was available therein. The mystery lies here what compelled the O.P.2 Authority to adopt such practice without the instruction of the customer.

                                                                                                                                                                                            Contd…..p/3

Page: 3

O.P.2/SBI Credit Card Authority is not an organization like shylock to squeeze money from the customer taking advantage of his helpless condition. The object of use of Credit Card is to give relief to the customer to facilitate instant transaction on credit who carries no purse with him but if things like that as happened to the Complainant is indulged in practise no customer will dare to have a Credit Card. The Commission thinks that it is a hidden trap laid by the O.P.2 Authority to extort money by instrumentalizing the SBI Credit Card and no Authority is here to call in question the activities of the O.P.2 Authority.

Considering the seriousness of the matter and unjust treatment meted out to the Complainant the Commission must swing into action by passing appropriate order in accordance with law. The instant case is a glaring example of how an innocent customer has been robbed of his bank money and crucified by the machinery of O.P.2 at the matter of SBI Credit Card.  The Commission does not like to elaborate much on the high handed attitude and inaction of the O.P.2 Authority but stop here by passing a stringent order to teach a good lesson and set an example to prevent recurrence of such treatment to any other unfortunate customer.

With this observation the case is disposed of on contest against O.P.1 and Ex-parte against O.P.2.

Hence it is ordered……..

That the O.P.2 is directed to terminate / deactivate the SBI Credit Card and close the SBI Credit Card A/c of the Complainant No. being 6528989645290572 with immediate effect after crediting the entire deducted amount of Rs.12,869/- after deducting Rs.1,000/- (Petrol purchase price) & Annual charges if any  to his SBI Account No.34377750247 with O.P.1 and writing off all outstanding liabilities of Rs.33,333/-

The O.P.2 is further directed to bear compensation of Rs.1 Lakh for harassment, mental agony and pain and lowering the Complainant’s position in the society with further Litigation cost of Rs.20,000/- payable by the O.P.2 to the Complainant within a month from this date in default law will take its own course.

The O.P.1 is directed to delink the Complainant’s SB Account No. 34377750247 from the SBI Credit Card Account.

Both parties be supplied copy of this order free of cost.

Other Four (4) sets of copy for guidance and strict compliance of the order be sent to SBI Cards and Payment Services Pvt. Ltd. at the Registered Office at Unit 401 & 402, 4^th Floor, Agarwal Millennium Tower, E 1,2,3 Netaji Subhas Place, Wazirpur, New Delhi-110 034 and its Corporate Office at 2^nd Floor, Tower B, DLF Infinity Towers, Gurgaon- 122 002, Hariyana and also to SBI Credit Card Branch Office at 15, Park Street, Apeejay House, 3^rd Floor, Block-A, Kolkata-700 016 and also to the Chief General Manager, Reserve Bank of India, Consumer Education & Protection Department, 1^st Floor, Amar Building, Sir P.M. Road, Mumbai- 400 001 with the direction to hold an enquiry into the SBI Credit Card matter of the Complainant and bring to book any delinquent employee in accordance with law.

 ____________________                _________________          _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER     HON’BLE MEMBER